Tag Archives: consumer protection in south africa

Is the Supplier Responsible for the Delivery of my Goods?

We Have Simple Answers for You!

The delivery of goods you buy is regulated by the Consumer Protection Act which aims to protect your rights as a consumer. You can find this Act by clicking here:  Consumer Protection Act.

The supplier of goods is responsible for the delivery of the goods you have bought. These goods must be delivered

  • on the agreed date and at the agreed time- if no date or time has been agreed upon, then the supplier must deliver the goods within a reasonable time after you have bought the goods. If you and the supplier did not agree on a specific time for delivery, the suppler cannot deliver the goods at an unreasonable time.
  • at the agreed place- if the agreed place is the supplier’s place of business and the supplier does not have a place of business, then the goods must be delivered at the supplier’s home.
  • at the cost of the supplier.

The goods remain at the supplier’s risk until you have accepted delivery. This means that if the goods are lost or damaged before you have accepted delivery, the supplier is responsible.

These implied conditions only apply if you and the supplier have not entered into an agreement that states otherwise.

When are Goods Considered ‘Delivered’

You are considered to have accepted delivery when

  • you directly or indirectly communicate to the supplier that you have accepted delivery of the goods you bought.
  • when the goods are delivered to you and you do something that shows that the supplier no longer owns the goods, for example, you open the goods and start using them as your own.
  • a reasonable time passes and you do not communicate to the supplier that you are rejecting the goods.

Upon your request, the supplier must give you a reasonable opportunity to examine the goods to check if the goods are

  • of the quality and type reasonably contemplated in the agreement of sale.
  • the goods you requested if it is a special order. 

If the goods are delivered at a different place, date or time that agreed, you may

  • accept the goods at that place, date or time.
  • request that the goods be delivered at the place, date or time you agreed on.
  • cancel the agreement and treat all delivered goods as unsolicited goods.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

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Can I Be Forced to Buy Goods I Break Instore?

We Have Simple Answers for You!

The Consumer Protection Act protects you, the consumer from unfair business practices by the people selling things to you. You may find this Act by clicking here: Consumer Protection Act

Am I Allowed to Touch?

Firstly, it is important to understand that you have a right to examine the goods that are being sold to you. This means that you may freely inspect the goods in order to decide which goods you want to buy. In addition, you have the right to chose,  meaning you are allowed to reject the goods you do not want  and get the goods you do want, provided you have not yet paid for them.

Do I Pay for what I Break?

The law gives a very simple answer to this question..NO!

You are not required to pay for any goods that you may break in the process of examining goods. This is regardless of whether the shop has signs like this or not:

nice to see

break.jpg

However, the shop owner can make you pay for the broken goods if you broke the goods because:

  • you were acting recklessly
  • you did not show any level of care
  • you broke the goods intentionally

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.