Know Your Rights

Right To Disclosure

Right to Disclosure of Information 

 

What does this mean for the ordinary consumer?

 

Your right to information in plain and understandable language

  • Consumers have the right to demand contracts/agreements in easily-understood and plain language. 

              

Your right to disclosure of prices of goods and services

  • Suppliers are required to display the prices of goods and services, in full view of consumers;
  • Consumers have the right to request the unit cost of goods and services, so as to avoid any ‘hidden’ costs.
  • Suppliers are required to specify the duration of any promotions in catalogues or brochures, failing which consumers have the right to purchase the goods or services at the specified prices.
  • Consumers have the right to demand paying the lower price for goods displaying two varying prices – suppliers are not permitted to charge consumers the higher price for the same goods. 

         

Your right to product labelling and trade description

  • Suppliers and service providers are required to display labelling and trade descriptions of products, which do not mislead consumers about the contents of the packaging or goods attached to the products.
  • Suppliers are not permitted to alter, amend, conceal, remove or deface trademarks and other product labelling, so as to mislead consumers.
  • Producers/importers of products or goods are required to display the country of origin and any other prescribed information, such as expiry dates.
  • Producers, suppliers and importers are required to disclose the presence of any genetically modified ingredients, in compliance with international and South African laws and regulations. 

        

NB! A trade description refers to the name of the producer, the product’s number, quantity, measure, etc.

NB! A trade mark refers to the intellectual property of the goods produced/supplied, as per the Trade Marks Act, No. 194 of 1993.

 

Your right to clear disclosure of reconditioned or grey market goods

  • Suppliers are required to display notice that ‘grey’ market goods have been reconditioned, rebuilt or remade.
  • Suppliers are required to disclose, by means of a clear and visible notice, that goods are being sold without the approval or licence of the registered trade mark owner.

           

Right to Disclosure of Information Continued

NB! Parallel/grey goods are goods intended for sale in one national market, but imported from their original destination for sale in another market; for example, goods intended for China, sold in South Africa.

Your right to sales records

  • Consumers have the right to demand confirmation of purchases made, in the form of receipts or invoices.
  • Suppliers are required to include, via receipts or invoices, the following:

     

Suppliers’ full contact information, business names and Value-Added Tax (VAT)     registration numbers.

  • Name and description of goods;
  • Date/s on which the transaction/s took place;
  • Unit price of goods purchased;
  • Quantity of goods purchased;
  • Total price of transaction/s, including any applicable taxes; and
  • Full contact information, business names and addresses.

            

Your right to disclosure by intermediaries

  • Intermediaries, such as brokers, sales representatives and estate agents, are required to disclose their associations or affiliations with the entities/persons they represent.

          

Your right to identification of deliverers, installers and others

  • Deliverers, installers and others are required to visibly display name badges or similar identification, to the satisfaction of consumers, when delivering or installing goods/products.
  • Consumers have the right to demand identification from the deliverers, installers and others, prior to allowing delivery or installation of goods/products.

   

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