One such concept is so-called unsolicited goods and services and the prevention thereof as provided for in terms of section 21 of the CPA. x��[k��q^��5�|���z�.W>*�_4Wh,�]�ȂAIFOw59�L����\B�}����|���|E�T�ah�]`��*+22�_Df�i�N4=�������_����o^]������[�6�| |#D���r{>���Ӿ�ZuCsy{�6��?\H�wZ4K�Eg�i.7/[��]��˜�]���R�s�4K�:�{����?������������\~P�ops���7_6;��5J4��л7�� \"�FJ�e%ֲ�A B5_��wg% t#d�~o;��I�� �������b)z��V Section 21(1)(e) of the Consumer Protection Act (“The Act”) provides that goods or services are unsolicited if: “any goods have been delivered to, or any services performed for, a consumer by or on behalf of a supplier without the consumer having expressly or implicitly requested that delivery or performance”. The Consumer Protection Act introduced several concepts and principles which are new to South African law. It is also a common occurrence that once having received the bill, consumers are shocked, however usually pay the amount when threatened with any consequence to avoid problems. Lectured for Continuing Legal Education on Information Technology issues. Rights of recipient of unsolicited goods. From the wording of section 21 (2) (b) it appears that goods will only be unsolicited if the consumer informs the supplier that the goods were misdelivered: “the goods become unsolicited goods only if (own emphasis) the recipient informs the apparent supplier … What should you do with unsolicited goods? This would imply that whenever a person receives goods in the post for testing purposes or on a trial basis, such goods and services are unsolicited. Right of Appearance High Court, October 1996. We are the leading resource for freely available Legislation in South Africa and are used daily by thousands of professionals and industry leaders. 7. They are under no obligation to keep them safe or to return them. Most people are familiar with the Unsolicited Goods and Services Act 1971. In such a situation a consumer would be liable for any additional costs incurred by the supplier or deliverer, for the recovery of, or damage to, the goods arising as a result of anything done to frustrate or impede the lawful recovery of the goods. We’re not able to consult with you personally and provide you with a cost effective solution. However, unsolicited goods are also covered in the newer regulations The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) which say you have a right to keep goods delivered to you that you didn’t request. This follows that any goods that are clearly addressed to someone else but have been delivered to the wrong person would only become unsolicited 20 (twenty) business days after the consumer notifies the supplier that the goods were delivered erroneously, and the supplier has failed to recover them. 3A. Wed 28 Sep 2005 20.41 EDT The Unsolicited Goods and Services Act 1971 makes it an offence for a company to send you goods you have not ordered. 3B. Unfortunately, we can’t help you if you are a consumer in need of protection. 279 Long Ave Sending unsolicited goods in itself is not an offence. Unsolicited goods and services can, in laymen’s language, be described as unrequested or unwanted goods or services and, in the narrow sense, as … South Africa's primary exports to the EU are fuels and mining products, machinery and transport equipment, and other semi-manufactured goods. You do not need to pay for unsolicited goods, even if you receive bullying calls demanding payment. South Africa. THE LAW 1.1. A common occurrence however is that such a test or trial is usually soon followed by a bill for an amount for using the goods or services. Consumers may return defective or unsafe goods and request a full refund, provided it is done within a reasonable period. 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