Did you know there are 3 statutory cooling-off periods to protect consumers? There are 3 statutory cooling-off periods to protect consumers. The right to a cooling-off period enables consumers to reverse a transaction without any penalty. These 3 cooling-off-periods are prescribed by the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communication and Transaction Act 25 of 2002 (ECTA) and the Alienation of Land Act 68 of 1981. Each of these prescribed cooling-off periods describes...
Consumer Protection & POPI
How to handle broken goods according to the CPA
It often happens that, after purchasing an item, we discover that it is broken. Our first reaction is to return it to the shop we bought it from and get our money back, right? Not always. Section 56 of the Consumer Protection Act (CPA) provides an automatic warranty whereby all goods may be returned to the supplier without penalty and at the supplier’s risk and expense within 6 months of the purchase or delivery date, if those goods fail to meet the requirements of Section 55 of the CPA: They...
Fixed term agreements – know your rights
The Consumer Protection Act (CPA) has had a great impact on fixed term agreements in South Africa. Suppliers can no longer bind consumers to fixed term agreements as they did in the past. Section 14 of the CPA regulates fixed term agreements (though it doesn’t apply to all fixed term agreements). What are the rights of the consumer and the supplier in this regard? Let’s have a careful look at the CPA. The applicability of Section 14 of the CPA Section 14 of the CPA applies to all fixed term...
Should your business accept crypto currencies?
These days, all everybody is talking about is the huge growth and profits that is being experienced on the financial stock market in crypto currencies. The frontrunner of the phenomenon, Bitcoin, has surpassed the $20,000 mark in December 2017 and also lost a lot of ground in that same month. Since the start of the crypto currency age we have seen approximately 20 different types of crypto “coins” and you can be sure that there are more to come. The question then arises is what difference will...
Lease agreement cancellation and the CPA
The enactment of the new Consumer Protection Act No. 68 of 2008 (herein referred to as the CPA) introduces some changes to lease agreements for immovable property. Parties acquire certain rights in respect of the cancellation of a lease agreement, as well as certain rights pertaining to the maximum duration of a lease agreement. When referring to the regulations promulgated in terms of the CPA a maximum duration of 2 years are prescribed for fixed term agreements. This provision also applies...
