A person can be approached electronically by means of a telephone, sms, wireless computer access, email or other form of technology for the purpose of advertising goods for sale.
A person has a cooling off right of 5 business days from the date of concluding an agreement or delivery of the goods.
A cooling off right means that a person may cancel an agreement entered into with a supplier that resulted from direct marketing - without a penalty fee.
The notice of cancellation must be in writing and delivered to the supplier by hand, e-mail or registered mail.
Click here to access the tips as part of the CGSO’s Did you know? series:
Relevance to Auditors, Independent Reviewers & Accountants:
The Consumer Protection Act is yet another piece of legislation that your clients (as suppliers of goods and services) must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
As a consumer, you also need be aware of your rights and responsibilities in terms of the Consumer Protection Act – especially in respect of Direct Marketing.
Relevance to Your clients:
A supplier of relevant goods and services has a duty to comply with the Consumer Protection Act, otherwise they could be held liable.
As an individual, a consumer has a duty to be aware of his/her rights and responsibilities in terms of the Consumer Protection Act – especially in respect of Direct Marketing.
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