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Consumer Protection Act - how are you going to change your business?

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kebs

Thanks for this! Plain English - something I understand at last!! :wink:

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qball

Please do not start new threads on this issue, rather post in the existing thread on the CPA.

 

Thanks!

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SEWINGMACHINELADY

hi there. i didn't see the place where to type in my name if i read and accepted the T&C's. ? i did the whole check out? oops?

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SEWINGMACHINELADY

I have created a prompt where I ask the buyer to insert their full name, with a short message next to it saying that by inserting their name they are indicating that they have read and accept our full Terms and Conditions, and there is a link to view or download the pdf document.

 

Go to the following item and select Buy Now, and then select Go to Checkout for LikeNeedWant, to see how it looks (you can remove the item from your cart afterwards):

Graphics & Video Cards - GIGABYTE ATI Radeon HD4650 -1GB GDDR2 for sale in Bloemfontein (ID:35110606)

 

If you need help, just ask and I will do my best.

 

 

 

this is what i followed.

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LikeNeedWant

Hi

 

No problem, you didn't miss anything, the prompt isn't there at the moment. I have an external website with a trade feed into Bid or Buy. Every night all my BoB listings are updated with my SOH from my website, and in doing so it wiped out the prompt. I'll be reactivating it on all my products next week, but for the mean time I've reactivated the prompt on this item.

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YSLMAGIC

if a buyer is given the power to delete their own bids , we are in for huge problems , if a buyer has an automatic bid limit set and someone else comes along bids and then deletes the initial buyers automatic bid limit would be revealed...............that alone can be exploited by buyer and sellers

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Reynet Trading

Here is something interesting when selling on auction- Q & A

 

Q

Hi ..

I bought an item on an online auction site which offered a 7 day warranty. Within 2 months the MP4 player was no longer working and the seller requested I return it. I did this and i have not heard anything back, despite being out of pocker for postage costs as well as the item cost.

The seller has also not responded to a letter demanding a new or repaired unit or my money back. Do i have any legal recourse?

 

A

Hi...

The Consumer Protection Act excludes goods bought at auction from the right of return and implied warranty benefits. So you’d not have legal recourse under the CPA – but you’d still have a common law right to claim a refund of the purchase price. You’d probably be stuck with the postage costs. The upshot – send a letter of demand to the seller to pay by a certain date, failing which you’ll sue them. There may be a snag – if the seller’s in a foreign country, like China, you may struggle to enforce the legal process across international boundaries. Hope this helps. Best regards...

 

Q

If I purchased a product on-line, at my request, not a result of direct marketing, and at the time I was sure it was what I wanted, but then changed my mind after the company sourced it for me and delivered it to me, can I use this law to return the product to them although I know it was my mistake? I just found something else.

They did warn me that there could be no returns, which are also written in their terms of sale.

I know it is unethical, but can I still return this?

 

 

A

Hi..

unfortunatly there’s no right of return in this case. As you mentioned, the right of return only applies if there’s a direct sale or if the product is defective or not fit for the purpose for which it was sold.

Edited by Reynet Trading

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mrmouse

new act

 

as an importer , wholesaler and distributor , as well as an SABS approved inspection centre , this new act is going to be difficult for many people to abide by , I can do an inspection ,approve the job , get paid , it fails 10 minutes later , who is the problem going to revert to ,me or the installer , I havepurchased many items onBoB that have never worked or werent as advertised ,you get no joy out of complaining , I dont think itwill change much , just purchased an item from a buyer in China , an out of box failure , costs more to return it and they know it , so they just ignore you and laugh at you , what is to be done ? what about substandard stuff thats not ICASA approved but for sale on BoB ,, certain cellphones , its illegal to sell them as per SABSspec , but who is going to stop it ? This new act remains to be seen ,if it works or not , I hope im not the test guinee pig for the lawyers .you use oneof my products without water in it , it will self destruct , how can I prove it was used without water ? YEUGH .:oh:

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OomFlik

The Act also stipulate that when buying on an auction that you can cancel your bid bid. This is stipulated in Section 45 section 3 of the act.

 

45

(3)A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.

 

How will you comply with this? At the moment the seller has that right to cancel and if he does not want to cancel you are liable to pay or get blacklisted. That is so in contravention of the law. If i give notice to a seller before the sale is officially closed what are my rights?

Edited by OomFlik

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Vinyl Lady Decals
The Act also stipulate that when buying on an auction that you can cancel your bid bid. This is stipulated in Section 45 section 3 of the act.

 

45

(3)A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.

 

How will you comply with this? At the moment the seller has that right to cancel and if he does not want to cancel you are liable to pay or get blacklisted. That is so in contravention of the law. If i give notice to a seller before the sale is officially closed what are my rights?

 

I think there are many sellers who are not aware of this stipulation and have not updated their listings accordingly, it would be logical to me that if a buyer asks for their bid to be deleted, it should be done without quibble.

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SProducts
I think there are many sellers who are not aware of this stipulation and have not updated their listings accordingly, it would be logical to me that if a buyer asks for their bid to be deleted, it should be done without quibble.

 

Even before the ACT we deleted bids when asked, the exception was when the request is during the time the auction is about to end. The other problem would be when we are unable to delete the bid due to being away from pc or receive the email late.

 

Unless BoB introduces a feature where this can be done by the buyer without authorisation of the seller it will be difficult to be compatible. Its easier during a live auction, this is an electronic medium which also has some limitations and I believe the act will have to accommodate those.

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RAG Auctioneers

Allowing buyers to delete their own bids = marketplace disaster.

Bad idea in my opinion.

 

This will take away the "Auction adrenaline", as you can delete your bids as easy as you place them.

Imagine the turnover fluctuations over a crazy Wednesday auction?

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RAG Auctioneers

And at least when a seller only has the power to delete a bid, he can at least do it strategically, perhaps awaiting further bids before deleting bids.

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wayjen

What does the wording BINDING CONTRACT mean then? Does that only come into place AFTER the auction closes?

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Vinyl Lady Decals

In this case, from now on, I think it will now only apply once the buyer has won the bid

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SProducts
Allowing buyers to delete their own bids = marketplace disaster.

Bad idea in my opinion.

 

This will take away the "Auction adrenaline", as you can delete your bids as easy as you place them.

Imagine the turnover fluctuations over a crazy Wednesday auction?

 

I agree, a buyer can bid and get outbid. He will then bid a very high amount just to see how much the winning bidder is prepared to pay and then delete his bid. I dont think it will work, maybe the law will recognise the difference between live auctions and online auction and treat them as such.

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brands online
The Act also stipulate that when buying on an auction that you can cancel your bid bid. This is stipulated in Section 45 section 3 of the act.

 

45

(3)A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.

 

How will you comply with this? At the moment the seller has that right to cancel and if he does not want to cancel you are liable to pay or get blacklisted. That is so in contravention of the law. If i give notice to a seller before the sale is officially closed what are my rights?

 

Hmmm, according to this, I only see "fall of the hammer or in any other customary manner". That leaves room for interpretation and an earlier post also mentioned that e-commerce had not been taken into account so the Act would morph and change as it went along. Until then, since no mention has been made byb BOB who do have their legal eagles assessing the Act, and also noticing Oom Flik's closed thread, it would seem this unnecessary attention to this at the current moment is getting out of a bid placement?:wondering:

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JPBon

According to my legal sources most of us are covered under the act as small businesses. Our auctions are slightly different because the person has to confirm their bid with more than one click. So will still be binding under the act.

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brands online
According to my legal sources most of us are covered under the act as small businesses. Our auctions are slightly different because the person has to confirm their bid with more than one click. So will still be binding under the act.

 

 

See, I kinda figured it couldn't be THAT simple...

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SProducts
See, I kinda figured it couldn't be THAT simple...

 

That's what I think, both these are differen, with BoB you have many chances of changing your mind before confirming the final bid.

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JPBon

Btw I spoke to a well respected auctioneer, he says at most auctions they require the bidders to be registered with them and in doing the registration they put a deposit which they would lose if they went back on a bid. So as he put it its actually a completely useless piece of nothing in the act. They have sought legal advice which advised that the act as it is in that regard has so many loopholes it wouldnt stand up in court a bid is a bid and is legally binding.

Apparently the fact that one registers could be seen as step one in the bidding process so no one is forcing you.

Edited by JPBon

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admin

ncc.jpgThe National Consumer Commission Opens its Doors

 

As from 1 April 2011, the Office of the Consumer Protection will be known as the National Consumer Commission (NCC). From this day consumers will be able to lodge complaints directly with the new Commission. Share Call Number: 0860 266 786

Fax: 0861 515 259

Consumer Protection Act (68/2008): Regulations

 

Click on the link and read section 30 (page 48), in particular...

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OomFlik

The CPA and cancelation of Bids

 

I read section 30 and it say in the end, and must comply with ALL stipulations in Section 45 of the act which deals with (live) auctions. Section 54(3) say that a bid can be retracted before the bid closes.

Edited by OomFlik

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KMartin

Watch out for multi's

 

If one was able to delete there own bids you would have to watch our for "multi" profiles.

Image this :

I have two profiles, i set auto bid to R100. Bid go's up say R100 at a time, so next bid would be R201 ( Friday or Wednesday ). My "multi" sets to auto bid at R201. So next bid would be R301. Just before end of auction i delete the bid from my multi, resulting i win at R101, where someone really wanted would have paid up to R301, and seller "lost" extra R200.

 

This is one example of how the act would promote "scammers" . the act says Buyers must be able to delete own bids, but don't say in what way ?

Maybe list in auction that you may and have the right to delete up to 5 min before close of auction and let BOB extend that auction by 5 min if a bid has been deleted. ?

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lilythepink

A recent take (opinion) on the CPA is that any business with under R3 million per annum turnover would not be subject to the Act. Anyone wiser know if this is correct?

 

We are, all, technically our own "businesses" when we sell through BoB. We are taxed on profits after all.

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