Members of the world. Could you help me for the proposal. Please read to the draft and let me know with the changes you think I should make when I going to submit the proposal. Please feel free to share your ideas for the proposal
Topic: Consumer Protection
1) Definition: Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services.
Right to Equality in the Consumer Market and Protection against Discriminatory Marketing
Explanation:
Suppliers are not permitted to limit access to goods and services.
Suppliers are not permitted to prioritize any consumer groups over others when marketing, selling or distributing their goods and services.
Suppliers are not permitted to charge unfair prices for the same goods and services.
Right to Privacy
Explanation
Consumers have the right to protect their privacy and confidentiality in respect of unwanted or unsolicited correspondence.
Consumers have the right to refuse unwanted sms, telephone calls, letters or ‘spam’ e-mail.
Consumers have the right to opt out of receiving unsolicited direct marketing services by blocking the relevant supplier/marketer.
Consumers have the right to accept, restrict or refuse unwanted direct marketing.
Companies and suppliers are not permitted to continue any unsolicited direct marketing of goods and services, once consumers have opted out.
Right to Choose
Explanation
Consumers have the right to shop around for the best prices, goods and services.
Consumers are not obliged to enter into additional agreements with suppliers from whom they purchased goods or services (bundling).
Suppliers are not permitted to force consumers to enter into agreements with third-parties, unless the suppliers can prove the benefits of these additional goods or services.
Right to Disclosure of Information
Explanation
Consumers have the right to demand contracts/agreements in easily-understood and plain language.
Suppliers are required to display the prices of goods and services, in full view of consumers;
Consumers have the right to request the unit cost of goods and services, so as to avoid any ‘hidden’ costs.
Suppliers are required to specify the duration of any promotions in catalogs or brochures, failing which consumers have the right to purchase the goods or services at the specified prices.
Consumers have the right to demand paying the lower price for goods displaying two varying prices – suppliers are not permitted to charge consumers the higher price for the same goods.
Right to Fair and Responsible Marketing
Explanation
Suppliers are not permitted to mislead consumers in respect of pricing, the nature, properties, advantages or uses of goods or services advertised, if such goods or services are not actually available for purchase or procurement in accordance with these standards.
Suppliers are obliged to include limitations in respect of the availability of goods or services when advertising such items, and honor such agreements.
Right to Fair and Honest Dealing
Explanation
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;
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.
Right to Fair, Just and Reasonable Terms and Conditions
Explanation
Suppliers are not permitted to market, supply or enter into an agreement to supply goods or services at prices or terms that are unfair, unreasonable or unjust.
Suppliers are not permitted to require consumers to waive any rights, assume any obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or unjust.
Consumers are entitled to obtain free copies or free electronic access to copies of agreements/contracts, irrespective of whether consumers have entered into such agreements/contracts.
Right to Fair Value, Good Quality and Safety
Explanation
Timely performance and completion of those services;
Timely notice of any unavoidable delays in the performance of the services;
High-quality services, which consumers are entitled to expect and
Use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services.
Suppliers are required to remedy any defects in the quality of services performed or goods supplied; or refund the consumers a reasonable portion of the price paid for the services performed and goods supplied, in the event of these being sub-standard.
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.
Right to Accountability by Suppliers
Explanation
Purchase goods and services via lay-bye agreements. In this case, if the suppliers fail to deliver any goods, these suppliers must, at the discretion of the consumers, supply equivalent or superior products;
Full refund of money paid, plus interest; and
Keep their deposits in an interest-bearing account.
International Consumer Commission
Explanation
As such, the Regulations gave rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints and is responsible for the adjudication of violations and transgressions of these Regulations.
The mission of the International Consumer Commission (ICC) is to promote compliance with the Consumer Protection Regulations through advocacy and enforcement, in order to ensure fair business practice and uphold the social and economic welfare of consumers.
The ICC is charged with the responsibility of enforcing and carrying out the functions assigned to it in terms of the Consumer Protection Regulations. The Regulations seek to promote a fair, accessible and sustainable marketplace for consumer products and services and, for that purpose, to establish national norms and standards relating to consumer protection throughout the world.
It further seeks to: provide for improved standards of consumer information; prohibit certain unfair marketing and business practices; promote responsible consumer behavior; and promote a consistent legislative and enforcement framework relating to consumer transactions and agreements.
Reason of the penalty for violation
Explanation
The Consumer Protection Regulations provides protection and recourse where Consumer rights have been violated. The Consumer Protection Regulations provides for quick and effective complaint resolution for both Consumer and businesses. Non-compliance sanctions include fines, imprisonment for 12 months or in the case of private information disclosure, imprisonment for 10 years. The Regulations also makes provision for administrative penalties with a maximum limit of 10% of turnover or R1m.
