Consumer Rights And Protections

You bought a set of gardening books as a result of direct marketing. You signed the agreement after hours (evening) at your residence. After a good night’s sleep, you decide that you will actually not use the gardening books because of your busy schedule. Which ONE of the following statements regarding your rights as a consumer in terms of the Consumer Protection Act * of * is CORRECT? a. Sections * and * of the Act protect the consumer’s right to privacy by placing restrictions on direct marketing. Direct marketing does not include a request to a person to make a donation. b. Section * of the Act provides for prohibited periods during which direct marketers may not contact a consumer at home. c. A cooling-off period for sales contracts concluded by direct marketing has been introduced by section * of the Act for the protection of the consumer. d. One of the methods section * enables a consumer to restrict unwanted direct marketing is to pre-emptively block direct marketing.

Super Foods advertises a powder-form drink at a discount price for people diagnosed with diabetes. Candice who is not a diabetic, feels that the drink can be beneficial to her health and that she is unfairly discriminated against in terms of the Consumer Protection Act * of *. Which ONE of the following statements regarding the abovementioned scenario is INCORRECT? a. Candice will not have a valid complaint in terms of the Act on the grounds of discrimination. b. The Act allows for differentiation under certain circumstances. c. The Act allows for unfair discrimination in certain circumstances. d. If a complaint regarding discrimination in terms of the Act appears to be valid, the Consumer Commission must refer it to the Equality Court.

John goes to Big Sales to buy a blue Blackberry cellphone. One of the sales representatives of Big Sales tells John that he is obliged to buy a blue Blackberry cellphone memory card beforehand if he wants to buy a blue Blackberry cellphone. Which ONE of the following statements is CORRECT? a. The convenience of the transaction that a blue Blackberry cellphone memory card must be bought with the blue Blackberry cellphone, outweighs the limitation of John’s right to choose the supplier from whom he wants to buy the blue Blackberry cellphone memory card. b. It would be to John’s economic benefit if the blue Blackberry cellphone memory card is bought before John can buy the blue Blackberry cellphone. c. The fact that John must buy the blue Blackberry cellphone memory card together with the blue Blackberry cellphone constitutes “bundling” which is prohibited in terms of the Consumer Protection Act. d. The fact that the blue Blackberry cellphone and blue Blackberry cellphone memory card are offered at individual prices, is a defence against bundling and will not consitute bundling.

In terms of the Consumer Protection Act, a consumer has certain rights relating to disclosure and information. Which ONE of the following rights is NOT included in this right of a consumer? a. The right to information in plain and understandable language. b. The right to fair and honest dealings. c. The right to a record of the sale. d. The right to disclosure in the case of reconditioned and grey-market goods.

The protection of the South African consumer has been codified by the Consumer Protection Act. True False

In terms of section * of the Consumer Protection Act, a retailer must not display any goods for sale without displaying the price of those goods. True False

Section * of the Consumer Protection Act stipulates that a service provider must guarantee every new or reconditioned part installed during repair or maintenance and the labour to install the new or reconditioned part for a period of 6 months after the date of installation. True False

Section * of the Consumer Protection Act regulates the right to cancel advance reservations, bookings or orders. This section also applies to special order goods. True False

The Consumer Protection Act, does not apply where services are supplied under an employment contract. True False

A stokvel is a legal entity but, like some other legal entities, has no physical capacity to act on its own. Any legal action for or against the Stokvel must be conducted in the name of an individual member. True False

A burial society is essentially an informal self-insurance scheme designed to cover some of the expenditure associated with black funerals. True False

Life insurance is an example of capital insurance whereas motor vehicle insurance falls under indemnity insurance. True False

The main aim of a valued policy is that an insured need not prove the extent his or her loss but that the loss has actually occurred. True False

Non-indemnity insurance extends cover to the insured against liability brought by third parties. True False