Frequently asked questions
WiseUp Gives you the Answers to your Questions.
Question: Is the “You break. You pay.” store policy legal?
Answer: > It sometimes happens that you break something while looking at it in a store and then they want you to pay for it.
> As a consumer, you need to be aware and understand your rights and responsibilities under the Consumer Protection Act 68 of 2008 (“CPA”).
> Section 18 of the CPA states that in general, a consumer is not responsible for any damage to any goods displayed by a supplier, such as when breaking something in a store. However, the CPA goes further to state that the consumer can be responsible if the damage results from the consumer's gross negligence or recklessness, willful behaviour or criminal conduct.
> The “You break. You pay.” store policy is not unlawful, however, there are various factors that would have to be considered before a consumer would be liable to pay for an item broken in a store. The store would have to assess whether the consumer was careless and so on.
> This means that if you were not careful when looking at something and it falls and breaks, you can be held responsible for the damages.
Question: What are a consumer's rights when it comes to dealing with false advertising?
Answer: > There are various rights that a consumer has according to the CPA.
> One of these rights is the right to equality and protection against discriminatory marketing practices.
> Sections 29 and 41 of the CPA states that service providers or sellers are prohibited from making false advertisements aimed at misleading consumers to purchase the goods offered or enter into contracts they may have not entered into if they knew otherwise.
> A consumer who falls victim to false advertising may approach the courts to institute legal proceedings against the seller.
> A consumer may also approach the National Consumer Commission (“NCC”). The NCC is a regulatory body which is aimed at protecting the interest of consumers.
Question: What to do if you lose your passport while on holiday?
Answer: > During the holiday season, some people might be considering travelling beyond the borders of South Africa. Although all safety precautions can be followed, the unfortunate reality is that there is still a risk that you might lose your passport.
> If you lose your passport or it is stolen while you are travelling, you need to report the lost or stolen passport immediately to the police station or other law enforcement organisation within the country you are in.
> Once reported, they will provide you with a police report. Take a copy of that report to the nearest South African Embassy, Consulate-General or High Commission in order to apply for an emergency passport or travel certificate.
> As part of this application for temporary emergency documents, you may be requested to complete the required forms, pay a prescribed fee and your fingerprints might be taken.
> Although certified copies of your passport will not be officially recognised, it will provide some assistance during this process. It is always a good idea to have certified copies of your passport packed for the holiday.
Did you know…If you were not careful when looking at something in a store and it falls and breaks, you can be held responsible for the damages.