Warrick speaks to Caleb McKellar, Partner at Barter McKellar, about CPA Law (Consumer Protection Act) in SA and how it impacts you as an eCommerce entrepreneur.

Although the CPA, the Electronic Communications Act (ECTA) and the Protection of Personal Information Act (POPI) all contain provisions to protect online consumers, the focus of the podcast was exclusively the CPA (no doubt Warrick and I will sit down to discuss the ECTA and POPI in due course).

As discussed during the podcast, we examined the importance of the implied six month warranty provided for under the CPA. Here is the section of the CPA dealing with the implied warranty:

56 - Implied warranty of quality

(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.

(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier's risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either-

   (a)   repair or replace the failed, unsafe or defective goods; or
   (b)   refund to the consumer the price paid by the consumer, for the goods.

(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must-

   (a) replace the goods; or
   (b) refund to the consumer the price paid by the consumer for the goods.

(4) The implied warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to-

(a) any other implied warranty or condition imposed by the common law, this Act or any other public regulation; and
(b) any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.

To learn more about the topics discussed during the podcast, check out this article on the Barter McKellar website, link below: https://www.bartermckellar.law/articles/ecommerce-and-the-consumer-protection-act

Follow Caleb McKellar on social medial to gain further legal insight @calebmckellar.