There were quite a few disappointed consumers recently who thought they could pay R55 for a laptop on Makro’s website but found that their transactions did not go through because the retailer corrected the technical glitch that caused the incorrect price to be displayed.
Section 23 of the CPA deals with price disclosure and provides that retailers are not forced to display a price on goods used as a form of advertisement for the supplier of goods on the suppliers’ premises where the public does not ordinarily have access, such as a shop window. It is of course different for websites that have no shop windows.
If the supplier does not accept the consumer’s offer, does the consumer have any rights? How does the consumer know when the sale was concluded? Christophers says it all depends on those pesky “T’s and C’s” and therefore you must not be too quick to simply click “I Accept”.Although the CPA and the Electronic Communications and Transactions Act offer consumers some protection, certain sections of the CPA do not apply to electronic transactions if ECA applies to them.
You must also be reasonably able to assume that the price is applicable to the goods. A catalogue, brochure, circular or similar publication offering products or services must indicate until when the price will be valid and it must be dated so that you can see if it is a current price.A retailer is not allowed to expect you to pay a price higher than the indicated price or a price that is higher than the lowest price if more than one price is indicated.
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