Consumer Right No. 6
Right to Fair and Honest Dealing
What does this mean for the ordinary consumer?
Your right to protection against unconscionable conduct
Suppliers are not permitted to use physical force against consumers, coercion, undue influence, pressure, duress, harassment, unfair tactics or any other similar conduct when doing the following:
Marketing goods or services;
Supplying goods or services;
Negotiating, concluding, executing or enforcing agreements to supply goods and services;
Demanding or collecting payments for goods or services; and
Recovering goods or services from consumers.
Suppliers are not permitted to take advantage of consumers who are unable to protect their interests due to mental or physical disability, poor literacy, ignorance or inability to understand the language of an agreement or any similar factors.
NB! Unconscionable conduct refers to behaviour that is unethical or improper.
Your right to protection against false, misleading or deceptive representations
Suppliers are not permitted to, directly or indirectly, provide consumers with false, misleading or deceptive representations regarding goods or services; and
Suppliers are not permitted to use exaggeration, innuendo or ambiguity when referring to goods or services or the benefits thereof.
Your right to protection against fraudulent schemes and offers
Persons are not permitted to initiate, sponsor, promote or knowingly participate in communication or activities, with the intent to defraud others.
Persons are not permitted to produce counterfeit currency, or purport to increase a sum of money, through scientific means or otherwise.
Persons are not permitted to engage in fraudulent or unlawful financial transactions.
Your right to implied warranty of quality
In any transaction or agreement pertaining to the supply of goods to consumers, it is an implied provision that the producer or importer, distributor and retailer each warrant that the goods comply with the requirements and standards of being safe, of good quality and durable.
Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods, if the goods are of inferior quality, unsafe or defective.
Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods.