DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

by SEESA Labour Law Team | Oct 21, 2021

Most Consumers will argue that a cosmetic defect can cause the agreement to be cancelled due to imperfection of the vehicle or part. One must look at the definition of a “defect”. A defect can be defined as "an imperfection (the state of having faults or blemishes) or abnormality that impairs quality, function, or utility". Regarding the definition mentioned above, cosmetic defects can't be seen as a defect but will be defined as an irregularity or imperfection which does not affect a...

Referral Selling: Is It Allowed Under The Consumer Protection Act?

by SEESA Labour Law Team | Oct 20, 2021

Getting new clients is a vital key to growing your business. Referrals are a common way for businesses to increase their customer base and future sales. This is done by offering your customers a reward to get their acquaintances, friends and family to buy your product or services. Before you introduce such a referral program to increase your sales or customer base, you, as a responsible entrepreneur, should first make sure that the marketing strategy you are about to implement in the business...

The GDPR And Businesses In South Africa

by SEESA Labour Law Team | Oct 18, 2021

Trying to understand what GDPR is all about? Simply put, the GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The GDPR (General Data Protection Regulation) not only applies to businesses within the EU, but also to businesses outside the UN if such a business offer goods or services to residents of the EU or monitor their behaviour. The GDPR was enforced on the 25th of May 2018 by the EU (European Union Law) and was...

Servicing Or Repairing Your Vehicle Will Never Be The Same Again.

by SEESA Labour Law Team | Sep 22, 2021

Is driving to the nearest town to service or repair your vehicle a reality just to keep the factory warranty or to make use of the service plan on your vehicle? Starting July 2021, Consumers now have the right to not only service their vehicles at any service centre, in accordance with the Compensation Commission guidelines published in February 2021, Consumers will also be allowed to replace defective parts with non – original parts where the specific vehicle warranty has expired. As such,...

Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

by SEESA Labour Law Team | Sep 21, 2021

In this episode, SEESA CP & POPI Legal Advisors, Frederik du Plessis and Melinda van der Merwe discuss the importance to draft a Data Processing Agreement in line with Condition 7, Section 20 of the Protection of Personal Information Act (POPIA). The Responsible Party must ensure that they enter into an agreement when an operator processes personal information on behalf of the responsible party. Click play to listen to our podcast! Should you require further assistance or consumer-related...

Did you know? – A consumer may cancel an agreement at any time?

by SEESA Labour Law Team | Sep 16, 2021

According to section 14 of the Consumer Protection Act 68 of 2008, a consumer may cancel an agreement at any stage by giving the supplier 20 business days' notice. Once the consumer has given notice to the supplier, the consumer remains liable for any amounts owed to the supplier up to the date of cancellation. The supplier may ask for a cancellation fee if the agreement is terminated prematurely by the consumer. This cancellation fee must be reasonable. The reasonability depends...

The Demand For Quality Goods And Services

by SEESA Labour Law Team | Sep 13, 2021

According to Section 54 of the Consumer Protection Act 68 of 2008 (hereafter the CPA), a consumer has the right to demand quality goods and services from suppliers. Section 55 of the CPA also refers to safe, good quality goods and services. But what does the CPA mean by safe, good, quality goods and services? The right to safe, good, quality goods and services refers to the following: Firstly, the right to timely performance and completion. Should the supplier give a certain...

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

by SEESA Labour Law Team | Sep 12, 2021

Deregistering from the Employment Equity Public Register is compulsory for all companies not submitting anymore. This includes but is not limited to the following: Section 197 (Transfer of business) Mergers/acquisitions; Labour court order;Liquidation/judicial winding; Insolvency;Not deemed a designated employer anymore;Not reporting for tender purposes anymore; To find out how SEESA can help your business visit our website for more: https://www.seesa.co.za/ #TeamSEESA

Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

by SEESA Labour Law Team | Sep 7, 2021

SEESA Consumer Protection and POPI Legal Advisors, Meggan Watson and Sandrisha Govender discuss the right to fair, just and reasonable terms and conditions from the Consumer Protection Act. They focus on what constitutes unfair terms in consumer contracts, the responsibilities of the supplier with regard to these contracts and the remedies a consumer may have against a supplier in terms of the Act. Click play to listen to our podcast! Should you require further assistance or consumer-related...

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

by SEESA Labour Law Team | Aug 27, 2021

Any fix-term contract can be cancelled by giving 20 business days’ notice for cancellation. In certain instances, the supplier is also allowed to charge a reasonable cancellation fee or penalty charge. Section 14 allows for the cancellation of a fix-term contract. However, it is essential to note that Section 14 does not apply to a consumer agreement between two juristic persons. So it has to be between a juristic person and a natural person. How are these penalties calculated? Section 14...

Consumer Protection & POPI

DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

Referral Selling: Is It Allowed Under The Consumer Protection Act?

The GDPR And Businesses In South Africa

Servicing Or Repairing Your Vehicle Will Never Be The Same Again.

Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

Did you know? – A consumer may cancel an agreement at any time?

The Demand For Quality Goods And Services

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

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