$1\mathrm{.}6$ COOLING OFF RIGHT $(5)$

A statute gives the consumer a cooling off right that only applies to a transaction that is

subject to the Act and is the result of direct marketing. This section does not apply to a

transaction if section $44$ of the Electronic Communications and Transactions Act $25$ of $2002$

applies to it $[$section $1$ This cooling off right 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 $[$section $16(2)].$ 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 the

transaction or agreement was concluded or the goods that were the subject of the transaction

were delivered to the consumer $[$section $16(3)].$ A supplier must return any payment received

from the consumer in terms of the transaction within $15$ business days after receiving notice

of the rescission $($if no goods had been delivered to the consumer in terms of the transaction$)$

or receiving from the consumer any goods supplied in temns of the transaction $[$section $1].$ A

supplier may also not attempt to collect any payment in terms of a transaction where the

consumer exercised his or her cooling off right, except as pemitted, in terms of section $20(6)$

of the Act $.$ Note must, however, be taken of the provisions of section $20(4)$ of the Act in terms

of which a consumer who returns goods in accordance with the cooling off right in section $1$

$6,$ bears the risk and costs related to such return. A person who directly markets goods or

services and who concludes a transaction or agreement with a consumer, must notify the

consumer in the prescribed manner and form regarding the cooling off right in terms of

section $16[$section l $).$

The consumer is also provided with a cooling$-$off right in terms of the Protection of personal

Information Act $4$ of $2013$ in the case of direct marketing by means of electronic

communication and automated decision making which will apply once the Act is In full force.

In Instances where both the Consumer Protection Act and the Protection of Personal

Information Act apply the provisions of section $2$ of the Consumer Protection Act regarding

Interpretation should be followed.

Choose the most correct answer,from A$-$E below. $(5)$

A$.$ The Bill of Rights enshrines the rights of all South Africans $$ including consumer rights. The

National Credit Act further outlines these key consumer rights, of which all South African

consumers should be aware.

$10$

B$.$ Consumers have the right to return unsolicited goods or services, at their own risk and

expense.

C$.$Customer loyalty programmes are loyalty credits or awards, which are an illegal medium

of exchange when offered or tendered as consideration for any goods or services offered,

or transactions contemplated, in terms of such loyalty programmes$/$credits$/$awards$.$

D$.$ Consumers are persons to whom goods but not services are marketed

E$.$ A supplier must return any payment received from the consumer in terms of the transaction within $15$ business days after receiving notice of the rescission.

Use the Harvard referencing method