Scenario: On 23 February 2021 Mr Abe received a call from Q Connect promoting fibre internet packages for a reasonably low price, and signed up on the very same day. On 3 March 2021, Mr Abe decided to cancel the contract but Q Connect charges him a cancellation fee.
What is “Direct Marketing”?
Direct Marketing refers to any marketing approach by businesses to their potential customers, either in person or by mail or electronic communication for purposes of promoting or offering to supply any goods or services to the person.
According to Section 32 of the Consumer Protection Act 68 of 2008:
- A person who is directly marketing goods or services must inform the consumer of the right to a cooling-off period, which allows a consumer five business days after the conclusion of the contract to cancel without penalty.
This remedy is only available to consumers for the first five business days, so make sure you send an email or text message as soon as you realise that you don’t want the product. You do not have to give a reason and the seller cannot refuse to accept the cancellation or the return of the goods, as the cooling-off right overrides their contract or policies.
- If a person who has marketed the goods through direct marketing leaves the goods with the consumer without requiring or arranging payment for them then those goods are unsolicited goods and the consumer will not be liable for payment for those goods.
The Consumer Protection Act provides consumers with the right to cancel agreements (direct marketing) within the prescribed cooling-off period without incurring penalties for providing reasons for cancellation.
FOR ALL YOUR CONSUMER COMPLAINTS, CONTACT SHARECALL NUMBER: 0860 007 255; EMAIL: Charnette.Ferreira@dedea.gov.za.
THE COMPLAINT MUST FALL WITHIN THE AMBIT OF THE OFFICE.
SERVICES OFFERED BY THE OFFICE OF THE CONSUMER PROTECTOR ARE PROVIDED FREE.
