Consumer Right No. 7

Right to Fair, Just and Reasonable Terms and Conditions

What does this mean for the ordinary consumer?

Your right to protection against unfair, unreasonable or unjust contract terms:

• 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.

Your right to obtain notice for certain terms and conditions:

• Suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute a potential risk or liability to consumers.
• Suppliers must specifically draw the fact, nature and potential effects of risks to the attention of consumers, in a conspicuous manner and form, to which the consumers accordingly accept responsibility.

Your right to obtain free copies of agreements/contracts:

• 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.
• Free copies should include an itemised breakdown of financial obligations under such agreements.
• Suppliers are required to keep records of transactions entered into over telephone or other recordable forms, in the event of the consumer-supplier agreement not being in writing.

Your right to refuse prohibited transactions, agreements, and terms or conditions:

• Suppliers are not permitted to make a transaction or agreement if the terms and conditions:
  • Are contrary to this Act;
  • Mislead or deceive consumers;
  • Subject the consumers to fraudulent conduct;
  • Directly or indirectly deprives consumers of rights in terms of this Act;
  • Avoid suppliers’ obligations or duties in terms of this Act;
  • Limit or exempt suppliers of goods or services from liability for any loss, directly or indirectly attributable to the gross negligence of the suppliers or any persons acting for or controlled by the suppliers;
  • Constitute an assumption of risk or liability by the consumers for a loss;
  • Impose an obligation on consumers to pay for damage to, or otherwise;
  • Require the consumers to enter into supplementary agreements;
  • Falsely express an acknowledgement by the consumers that before the agreement was made, no representations or warranties were made in connection with the agreement by the supplier or a person on behalf of the supplier; or
  • Require the consumers to forfeit any money to the supplier.

Your right to approach the Court to ensure fair and just conduct, terms and conditions:

• If consumers are not satisfied with the outcomes of the National Consumer Tribunal’s investigation into alleged unconscionable, unjust or unfair conduct on the part of the suppliers, they may approach the Court for its further consideration of these matters.