Tik Tik creator Thulisile Lushaba reviews DJ Zinhle's Hair Majesty wig. Picture: Screenshot
Consumers have taken to online buying like a duck to water during the pandemic, but this more convenient way of buying comes with its own problems if you are not careful.
Fortunately, consumers who buy online are protected by the Consumer Protection Act (CPA) and the Electronic Communication and Transaction Act.
When you buy online, your rights as a consumer includes that what you order, must be delivered. The product you buy must look materially the same as the picture on the website.
Therefore, if you, for example, buy a wig, it must look exactly the same as the picture.
@thecitizen_news Your #consumer #rights when #onlineshopping | read article on #thecitizen_news #fyp ♬ original sound – The Citizen
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The CPA protects your rights to choose or examine goods and when you can return goods, as well as your right to safe goods of good quality and the implied warranty of quality applicable to all goods.
Section 20 is very important in the case of buying online. It states that you have the right to return goods within ten working days, if you were unable to examine it before you bought.
You can also return goods if the wrong products are sent to you, if you receive goods you did not buy or if the goods are not fit for purpose.
The company must pay for returning the goods and also carry the risk should something happen to it while it is in transit. If the product is still in the packaging, the company must refund the full amount. If you have removed it from the packaging, the company can charge a reasonable fee to repack it, unless you had to remove the packaging to examine it.
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In addition, Section 41 bans companies from using false, misleading or deceptive representations about material facts regarding the goods. Companies are also not allowed to use exaggeration, insinuation or ambiguity, and failure to reveal a material fact are also not allowed.
The company is also not allowed to indicate that a product has ingredients, performance characteristics, accessories, uses, benefits, qualities, sponsorship or approval that it does not have or adhere to a particular standard, quality, grade, style or model if that is not the case.
Products can also not be sold as new or unused, if they are not or if they are reconditioned or reclaimed, have been used for a period to an extent or in a manner that is materially different from the facts, have been supplied in accordance with a previous representation or are available or can be delivered in a specified time if it is not true.
According to Section 18 of the CPA, you have the right to choose or examine goods and, therefore, when you buy goods online based on a description, the goods must correspond in all material aspects and characteristics to what an ordinary alert consumer would be entitled to expect.
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Section 19 protects your right to delivery of goods and stipulates that it is an implied condition of every transaction where you buy goods to receive goods within a reasonable time or the date and time agreed upon. If delivery does not happen in time, you can cancel the transaction.
In addition, Section 47 states that a company is not allowed to accept your order if it does not plan to deliver your order. If the stock has run out, the company must refund you.
According to Section 55, you also have the right to receive safe goods of good quality. Goods must be fit for purpose and of good quality, in good working condition and free of defects, as well as useable and durable for a reasonable period of time.
Section 56 then stipulates that all goods have an implied warranty of quality and that you have the right to return goods within six months to the company, that must pay for the cost to return it and carry the risk if it does not adhere to the conditions of Section 55. The company must repair or exchange the goods or refund you if it cannot be done.
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Consumers are protected by the sections in Chapter 7 of the Act, which covers the transactions it applies to, information that must be provided, the cooling-off period, unsolicited goods and delivery. According to Section 42, the Act only plies to electronic transactions, but Article 44, it does not apply to financial services, such as investments, insurance, re-insurance, banking services or trading in securities.
It also does not apply to online auctions or the supply of foodstuffs, beverages or other goods intended for everyday consumption, where the price for the supply of goods or services depends on fluctuations in the financial markets that cannot be controlled by the supplier.
Goods that were made to your specifications, or which are clearly personalised can also not be returned, as well as goods that deteriorate or expire rapidly, unsealed audio or video recordings or computer software, newspapers, periodicals, magazines and books. Electronic transactions to supply accommodation, transport, catering or leisure services are also not covered.
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Section 43 of the Act stipulates that you must get the following information:
You must also get the opportunity to review the transaction and correct mistakes or cancel the transaction before ordering. If you do not get this opportunity, you have the right to cancel the transaction within 14 days and send the goods back, and be refunded, but you have to pay for the cost.
Companies must also use a payment system that adheres to accepted technological standards.
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Section 44 gives you the right to cancel the transaction without any penalty fee within seven days of receiving it, and be refunded within 30 days. You have to pay the delivery fee to return the goods.
According to Section 46 delivery must happen within 30 days, unless you agree on a different time. If your goods are not delivered within 30 days, you can give the company seven days’ notice in writing that you want to cancel the transaction. If delivery can still not be done, the company must let you know and refund you within 30 days.
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