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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part C : Consumer's right to choose

16. Consumer’s right to cooling-off period after direct marketing



1) This section does not apply to a transaction if section 44 of the Electronic Communications and Transactions Act applies to that transaction.


2) To the extent that this section applies to a transaction or agreement, it is in addition to and not in substitution for any right to rescind a transaction or agreement that may otherwise exist in law between a supplier and a consumer.


3) A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the supplier in writing, or another recorded manner and form, within five business days after the later of the date on which—
a) the transaction or agreement was concluded; or
b) the goods that were the subject of the transaction were delivered to the consumer.


4) A supplier must—
a) return any payment received from the consumer in terms of the transaction within 15 business days after—
i) receiving notice of the rescission. if no goods had been delivered to the consumer in terms of the transaction; or
ii) receiving from the consumer any goods supplied in terms of the transaction; and
b) not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20(6).