Tag Archives: consumer protection

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.

Should I Pay a Fee When I Cancel a Booking, Reservation or Order?

We Have Simple Answers For You!

The Consumer Protection Act protects you, the consumer from unfair business practices by people selling goods or offering you services. You may find the full Act by clicking here: Consumer Protection Act

Can I Cancel A Booking, Reservation or Order?

YES.

You have the right to cancel any booking, reservation or order you may have made in advance such as a hotel room, a wedding venue or wedding cake. However, this rule does not apply to goods that have been especially made for you, known as special order goods.

Can I Be Forced to Pay a Cancellation Fee?

Yes.

The supplier, for example a hotel or baker may have already asked you for a reasonable booking fee or deposit in advance. The supplier is, by law allowed to deduct a reasonable cancellation fee from that deposit.

What is a “reasonable” Cancellation Fee?

A reasonable cancellation fee is determined by:

  • the nature of the goods or services; a popular hotel in a busy tourist location may charge you more for cancellation.
  • the length of cancellation you gave the hotel/ baker.
  • whether there is reasonable potential for the hotel/baker that is acting diligently to find another person between the time you cancelled and the date you had the hotel room reserved for you
  • the normal rules of practice in that relevant industry. This means that if the hotel industry usually takes 20% of the booking fee when a booking is cancelled, that 20% is considered the reasonable cancellation fee.

What If The Cancellation Was Beyond My Control?

In some cases , you have no option but to cancel a booking, reservation or order. The hotel/baker cannot force you to pay a cancellation fee if the cancellation was because of the death or hospitalisation of the person the booking/ reservation was supposed to benefit.

Therefore, if you made a hotel booking for your mother on Mother’s day and she gets hospitalised on the day, the hotel cannot force you to pay a cancellation fee, even though you yourself are well on the day. This is because the person who was supposed to benefit from the booking is unable to make it.

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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