Consumer Rights in Direct Marketing

A consumer can cancel an agreement due to the hospitalisation of a family member of the person for whom the booking or order was made.

A supplier can charge more than the quoted amount without the consumer's agreement.

The consumer can return the goods to the supplier at any time after delivery.

The supplier is responsible for the goods until they are delivered to the consumer.

The supplier can charge a cancellation fee if the consumer cancels due to the death of the person for whom the booking or order was made.

The consumer has a 5-day cooling-off period after entering into an agreement.

The supplier can charge the consumer the full price of the goods if they are returned used.

The supplier must deliver the goods or services on a date, time and place agreed upon by the supplier.

If a supplier fails to deliver goods due to insufficient stock, they are not liable to compensate the consumer for any costs incurred.

A supplier can include unfair contract terms as long as they are written in plain language.

Exemption clauses or limitations of liability are always valid if they are in writing and in plain language.

Consumers have the right to receive goods that are of poor quality and may have defects.

A supplier must provide a limited quantity of goods at a specific price if they advertise it as such.

Suppliers are not required to inform consumers about exemption clauses or limitations of liability.

Consumers are not entitled to a refund if a supplier fails to deliver goods due to insufficient stock.

A prize offered in a promotional competition must be worth more than R5.

A supplier must demonstrate a skill or ability to participate in a promotional competition.

Contract terms can be considered unfair even if the consumer ought to have known about them.

A document must show the supplier's full name and VAT registration number, but not the business address.

Goods do not have to comply with applicable standards set under the Standards Act.

A supplier can market goods or services in a way that is misleading or deceptive regarding the price.

A promotional offer must be available for a limited time only.

A supplier can require a participant to pay an entry fee to participate in a promotional competition.

A supplier must provide enough prizes or goods at the reduced price to meet all the reasonably expected demands resulting from the offer.

If the supplier repairs the goods, and within three months the goods are still reasonably suitable, the supplier must refund the price.

The National Consumer Commission (NCC) can develop industry-wide codes of practice and investigate risks to the public.

A consumer can return the goods to the supplier without penalty and at the supplier's risk and expense if the goods are reasonably suitable.

The Consumer Protection Act requires fault to be proven in order to claim delictual damages for product liability.

The supplier is not liable if the defect or hazard did not exist at the time the product was supplied to any person in the chain of people from whom the goods were received.

A supplier can be held liable for damages caused by goods even if they did not manufacture them.

The Consumer Protection Act only applies to goods that are sold to consumers.

A claim for damages can be launched more than three years from the time a consumer first knew of the defect or hazard.

A consumer can prevent a supplier from collecting unsolicited goods.

A supplier is not required to display the price of goods for sale.

A supplier is liable for the correct price of goods if an unauthorized person removes or defaces the correct price.

A consumer is responsible for delivering unsolicited goods to someone else.

A supplier must use technical or legal jargon in their documents.

A consumer can be held liable for any loss or damage to unsolicited goods.

A supplier can require a consumer to pay a higher price than the displayed price.

A supplier is not required to provide a written document of each transaction.