Legal Articles

It happens too often for most people to forget, sometimes it happens in the most unfortunate of ways. The phrase ‘customer is king’ simply means when the customer is correct he/she is correct, but when the customer is incorrect he/she must still be treated in a respectful and dignified manner whilst the correct idea is clarified to him/her. This is an ideal standard business practice no matter the industry.

Most of us however, have been in situations whereby the idea of ‘customer is king’ is only true before the customer pays, thereafter the tide quickly changes. This often happens (we are told) in some of those shops with a small cardboard sign written ‘No Refund’ pasted somewhere behind the counter. Sometimes it often results in the customer having to wait for ages before the goods they purchased are delivered, after making countless telephone calls to the shop only to be rudely informed that the ‘guys’ are delivering other goods elsewhere for customers who bought first. At that time, it is more than 48 hours after the initially promised date and time of delivery.

How Do You Deal With Non Delivery of Goods in South Africa?

Section 19 of the Consumer Protection Act 68 of 2008 (CPA) provides for the consumer’s right with respect to delivery of goods or supply of a service. The section provides as follows:

19 (2) Unless otherwise expressly provided or anticipated in an agreement, it is an implied condition of every transaction for the supply of goods or services that— (a) the supplier is responsible to deliver the goods or perform the services— (i) on the agreed date and at the agreed time, if any, or otherwise within a reasonable time after concluding the transaction or agreement; (ii) at the agreed place of delivery or performance; and (iii) at the cost of the supplier, in the case of delivery of goods;

Most of the time after making furniture purchases, customers inquire as to when they can expect the delivery to take place. The specific details are usually given explicitly by the shop attendants. When the shop fails to comply with their own undertaking to deliver on a specific date and time, it brings a lot of frustration and disappointment to the customer. When such happens, the CPA empowers the customer to cancel the transaction and demand a refund of the amount paid for the goods. This is as per section 19 (6) (c). The same applies where the shop does not deliver at all goods that have been paid for, at any reasonable moment thereafter the customer may cancel the transaction and demand a refund.

Customers may also place reliance on the law of contracts, where parties enter into contracts (written or verbal) giving rise to obligations that require performance. Where two parties enter into an agreement of purchase and sale (verbal or written), the foremost obligations are that the purchaser must pay a certain sum of money (which he does) and the seller delivers certain goods. In the event that the seller fails to deliver such goods within the agreed timeframe after payment, the purchaser may either sue for specific performance (delivery of the goods) or cancel the agreement and demand a refund.

Van Deventer & Van Deventer Incorporated – Civil Litigation Attorneys South Africa

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