This document outlines South Africa's Consumer Protection Act of 2011. It establishes rights for consumers regarding transparency around pricing, contracts, product quality and safety. It prohibits unfair trade practices and misleading advertising. It requires disclosure of important details to consumers to allow informed choices. Suppliers are accountable for providing goods that work as intended for a reasonable period of time and for any safety issues. The Act aims to promote fair business practices and protect consumers.

1. South AfricaConsumer Protection Act2011

2. Background

3. Scope of the Act

4. Excluded transactions

5. Meaning of goods

6. Meaning of serviceAccommodation e.g. restaurant or hotelEntertainment e.g. sale of ticketsAccess to any electronic communications infrastructures e.g. cell phones, 3GAccess to event, premises, activity or facilityRight of occupancy in land or other immovable propertyEducation, information, advice or consultation (excluding FAIS)

7. Right to equal access to consumer marketSales of alcohol to under-aged minorsDiscounted prices for children, persons over a certain ageSeparate use of facilities for different gendersAccess to goods or servicesDifferent quality or pricing

8. Right to privacyMinister to:Consumer’s right to:Accept, refuse or block any approach for the purposes of direct marketingFormal demands to discontinue marketing approachPre-emptively blocking of direct marketingEstablish an “Exclusion Register”Prescribe certain days, dates and times during which it is prohibited to contact consumers

9. Consumer’s right to chooseNo bundled goods or servicesUnless bundling results in economic benefitRight to cancel a fixed term agreement upon expiry without penalty or chargeMonth to month automatic renewal20 Business days cancellation noticeFixed term contractsProvide consumer with an estimate. Supplier not permitted to charge for drawing up cost estimateConsumer to pre-authorise or refuse additional repairsSuppliers not permitted to charge for inspections required in compiling cost estimates unless with prior agreementRepairs, maintenance or replacement services

10. Consumer’s right to chooseCooling off period of5 business daysNo need to provide reasons for cancellationsNo penaltiesSuppliers to return payments received within 15 business days of receiving cancellation notice

11. Consumer’s right to choose

12. Right to disclosure and information Notice or document Content, significance and importance of notice or document Terms and conditions to make informed choices Person with average literacy skills and minimal experience must understandCompulsory to display prices for goods and servicesSpecify duration of promotions, otherwise customers may purchase goods at specified pricesIf two prices are displayed, the lowest has to be chargedTrade descriptions must not be misleading or tampered withDisclose fact if: Reconditioned

13. Grey market goodsDisclosure requirements

14. Right to fair and responsible marketingProhibition against marketing that is misleading, fraudulent or deceptiveFollowing are prohibitedBait marketingNegative options: Client under no obligation to payReferral sellingOffering of prizes with intention of not providing themInforming consumers that they have won a prize when no competition has been conductedMaking prize subject to payment of considerationConsumers to be: Provided with identity of agents

15. Informed about right to rescind the agreement during cooling off periodRight to honest and fair dealingProhibited:Unconscionable conduct, force, coercion, undue influence, pressure or harassment, unfair tactics Making false, misleading or deceptive representationsOverselling and overbooking:Refund in full with interestClaim contractual and consequential damages, including economic lossesRight to assume that the supplier has legal right to goodsThe supplier is liable to third party if third party has legal right over propertyDoes not apply to used goods or immovable property

16. Right to fair, just and reasonable terms Provisions that seek to limit suppliers liability must be brought to the attention of the consumerRight to fair value, good quality and safetySafeguard the safety of consumers Establish regime of product liabilityRights of consumers to receive goods that are:Of good quality

17. Free from defects

18. Reasonably suitable for the intended purposeGoods to be in working order, free of defects, useable and durable for a reasonable period of time