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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14708
Experience:  L.LB (UOVS)
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I have purchased a Medizone spa and air purifier through a

Resolved Question:

I have purchased a Medizone spa and air purifier through a retired Doctor working as a rep, he informed us the units have lifetime guarantee, payback option for the units 24 months at R716. The spar costs R10 000 and the Air purifier R4000 according to him.
He phoned me for the contract I told him I was extremely busy he said he would come to me quickly it would take 5 minutes and he has the items with him. Being a retired Doctor I believed he would be an ethical person. He informed me everything in the contract was as he said. I signed. Few minutes later the company phoned me confirming my purchase and receipt of the products. the informed me the payback period is 42 months at R852. Only 12 month guarantee on the product. No extra as promised by him. I am considering changing my banking details to stop the debit order. I will give back the units. I am also considering going to the news papers. This man is using his title as a Doctor and selling to old sickly people as well. These people cannot afford it. I want to stop him. But do not have the funds to take this matter to court. What can I do. The verbal contract did not meet the written contract. Please assist.
Submitted: 10 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 10 months ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

Did you buy this unit as a result of direct marketing?
Customer: replied 10 months ago.


Yes


email was submitted incorrectly


 


XXXXX@XXXXXX.XXX

Expert:  WCLawyer replied 10 months ago.
When did you take delivery of the unit?
Customer: replied 10 months ago.


4 days ago

Expert:  WCLawyer replied 10 months ago.
You need to act quickly, please. Do this today.

Section 16 of the Consumer Protection Act reads as follows:

16. Consumer’s right to cooling-off period after direct marketing.—(1) This section does not apply to a transaction if section 44 of the Electronic Communications and Transactions Act applies to that transaction.
(2) To the extent that this section applies to a transaction or agreement, it is in addition to and not in substitution for any right to rescind a transaction or agreement that may otherwise exist in law between a supplier and a consumer.
(3) A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the supplier in writing, or another recorded manner and form, within five business days after the later of the date on which—
(a) the transaction or agreement was concluded; or
(b) the goods that were the subject of the transaction were delivered to the consumer.
(4) A supplier must—
(a) return any payment received from the consumer in terms of the transaction within 15 business days after—
(i) receiving notice of the rescission, if no goods had been delivered to the consumer in terms of the transaction; or
(ii) receiving from the consumer any goods supplied in terms of the transaction; and
(b) not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20 (6).

Section 20(6) reads as follows:

(6) In determining the right of a supplier to impose a charge contemplated in subsection (5), if any goods returned to the supplier in terms of this section are—
(a) in the original unopened packaging, the supplier may not charge the consumer any amount in respect of the goods;
(b) in their original condition and repackaged in their original packaging, the supplier may charge the consumer a reasonable amount for—
(i) use of the goods during the time they were in the consumer’s possession, unless they are goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or
(ii) any consumption or depletion of the goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the goods were acceptable to the consumer; or
(c) in any other case, the supplier may charge the consumer a reasonable amount—
(i) as contemplated in paragraph (b); and
(ii) for necessary restoration costs to render the goods fit for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the consumer to destroy the packaging in order to determine whether the goods—
(aa) conformed to the description or sample provided, in the case of goods that had not been examined by the consumer before delivery, as contemplated in subsection (2) (b); or
(bb) were fit for the intended purpose, in a case contemplated in subsection (2) (d).

As long as you have sent them a written notification that you want to cancel, be that an e-mail, registered letter or even sms, they have to cancel and they have to refund you within 15 days. So, write them a letter and fax it, mail it and e-mail it. Mark it as a cancellation letter in terms of section 16 of the Consumer Protection Act and state in the letter that if you do not receive a full refund within 15 days, you will approach the National Consumer Commission. Also request an address where you can ship the goods to.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14708
Experience: L.LB (UOVS)
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