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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2457
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I am a fuel retailer. I want to start a npo which h rewards

Customer Question

Hi. I am a fuel retailer. I want to start a npo which h rewards charities when their supporters fill up at my service station. Others are challenging me saying g I am conditionally selling fuel. I have a npo trust which rewards the Beneficiaries my service station donates funds to the npo. Am I conditionally selling as a fuel retailer.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is an interesting question, and I must say it is a question that is basically based on interpretation.

My opinion is that you can quite successfully argue that you are not selling fuel conditionally. (I mean what is the condition?) - it is rather a promotion. Like many of the petrol chains give you (for instance) a scratch card when you fill up and you then stand in line to win something.

In your case, you do not sell the fuel on any condition, all you are doing is promoting some charity or charities. In other words, instead of giving a scratch card with the possibility of winning something, you are giving a benefit to charity every time they fill up at your station.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 1 year ago.
Decent answer. I would have liked more in depth. I am still not sure if by asking a charity to support your service station is conditional or voluntary participation? Thank you
Expert:  Freddie Lombard replied 1 year ago.

It is neither - it is an incentive. So, it is the same as advertising/promotion.

It is obviously voluntary as you are not setting any conditions. The incentive is that there is a benefit if they fill up at your station rather than at another.

Kindly remember to rate the answer, otherwise I do not receive any payment.

Regards