Buying online and staying safe

The virtual shopping mall can be daunting if you have not used it often, but most of us have now learned to shop from our armchairs. If you are careful, you will not have to fall in line to complain about non-delivery, money which is not paid back or goods that do not fit the description or of inferior quality.

According to research about online shopping in South Africa done by World Wide Worx last year, online shopping would make up 1.4% of total spend at retailers, based on the estimated R1 trillion spent via traditional channels in 2018, reaching an estimated 2% by 2022. It was estimated that online shopping would more than double to almost R20 billion this year – not taking the pandemic and lockdown into account.

This is a lot of money to spend and consumers can ensure that they avoid the risks by ensuring that their transactions adhere to the requirements of the Electronic Communications and Transactions Act as well as the Consumer Protection Act.

Electronic Communications and Transactions Act

According to this act, the website must give the following information:

• The full name and legal status of the business, as well as the street address, telephone number and email address
• How to pay with a credit or debit card or a direct electronic funds transfer, with full banking details
• When your goods will be delivered.
• The returns policy, as you are unable to check the goods before buying them and must be able to send it back if you are unhappy.
• How your money is paid back and how quickly this can happen. Your money is usually paid back when the business receives the returned product.
• How the business will protect your information, such as your ID number and backing details.

Remember:

• A Facebook page is not a website and does not fall under this act.
• The invoice must show the full price and include delivery, VAT and all other costs.
• You must have the opportunity to check the transaction first.
• Never pay money into an individual’s account.

Consumer Protection Act

Section 18: your right to choose or check something before you buy it. If you buy goods solely on the basis of a description or sample, the goods must correspond in all material respects and characteristics to that which an ordinary alert consumer would have been entitled to expect.

Section 19: your right to delivery of goods or service. It is an implied condition of every transaction the supplier is responsible to deliver the goods or perform the services on the agreed date and at the agreed time. If not, you are entitled to cancel.

Section 20: your right to return goods: You can return goods within ten working days if you could not check it before buying it, if the wrong goods were delivered, if you did not buy the goods that were delivered or if it is not fit for purpose. You can return the goods at the cost and risk of the business. If you did not remove the packaging, the full amount must be paid back. If you removed the packaging, a fair amount can be deducted for repackaging.

Section 41: false, misleading or deceptive representations. Suppliers are not allowed to directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact, use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception or fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation, or permit or require any other person to do so on behalf of the supplier.

Section 47: overselling: A business is not allowed to accept payment for any goods or services if it has no intention to supply those goods or services or intends to supply goods or services that are materially different. If the product is out of stock, the business must pay your money back.

Section 55: your right to safe, good quality goods. You have the right to receive goods that are reasonably suitable for the purposes for which they are generally intended of good quality, in good working order and free of any defects that will be useable and durable for a reasonable period of time.

Section 56: implied warranty of quality. You can return goods within six months to the supplier on its cost and risk if it does not adhere to the requirements of section 55. The business must repair it or pay your money back.

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