Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

33. Catalogue marketing

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1)This section does not apply to—
a)a franchise agreement; or
b)a transaction if Chapter 7 of the Electronic Communications and Transactions Act applies to it.

 

2)This section applies to an agreement for the supply of goods or services that is not entered into in person, including an agreement concluded—
a)telephonically, if the contact is initiated by the consumer; or
b)by postal order or fax,

or in any similar manner in which, with respect to goods, the consumer does not have the opportunity to inspect the goods that are the subject of the transaction before concluding the agreement.

 

3)Before concluding an agreement or transaction, a supplier must disclose the following information to a consumer, in an appropriate manner, having regard to the manner in which the supplier and consumer communicate in concluding the transaction:
a)The supplier’s name and licence or registration number, if any;
b)the address of the supplier’s physical business premises and related contact details;
c)the sales record information required by section 26;
d)the currency in which amounts under the agreement are payable;
e)the supplier’s delivery arrangements, including—
i)the identity of the shipper;
ii)the mode of transportation; and
iii)the place of delivery to the consumer;
f)the supplier’s cancellation, return, exchange and refund policies, if any;
g)the manner and form in which a complaint may be lodged; and
h)any other prescribed information.