This month we celebrate Mandela Day. It is a special time when our communities give back and support the many initiatives that this great man treasured. One of the most prolific statesmen of our time, Nelson Mandela also fought for, and constantly reminded us, of the importance of upholding human rights. As Attorneys, we remember Mandela for this and fight all the time to protect the rights of our clients.
The rights of the consumer
We started talking about e-commerce in our last article and promised to take this further, beginning with the rights of the consumer. The consumer is actually, in law, greatly protected against fraudulent practices so this article tries to allay some of the common fears around consumer protection and e-commerce.
A two-way street
Before we do that though we should point out that what the consumer needs to remember when buying online is that you are entering into an agreement, the terms of which you need to uphold just as much as the e-commerce dealer needs to protect your rights. If there are any grey areas on either side regarding contracts it is best to talk to legal experts in e-commerce law.
Doubly protected
Consumers of online products can rest assured that they are doubly protected by e-commerce law with two Acts. The Consumer Protection Act (CPA) is as effective in the case of online purchases as it is for any over-the-counter purchase, product or service – and there is additional protection for online shoppers in the form of the Electronic Communications and Transactions Act (ECTA), which specifically safeguards consumers when transactions are conducted online!
Credit card fears
A common fear amongst online consumers is the divulging of credit card details but this should not be necessary. By law, all e-commerce dealers are obliged to ensure that payment systems are secure and they meet certain technological standards. Should this not be the case the supplier is potentially liable to the consumer for any damages suffered including monetary loss!
PoPI to the rescue!
Another concern amongst consumers when it comes to online purchasers is the protection of their personal information. This is where the recently applied PoPI Act kicks in alongside the Consumer Protection Act and the Electronic Communications and Transactions Act thereby protecting the online consumer on three fronts!
Consult the experts
In conclusion, I am always inspired by these words spoken by Mandela “Do not look the other way; do not hesitate. Recognize that the world is hungry for action, not words. Act with courage and vision.” At Glenn Roosenboom Inc. we try to uphold these values and will always be fighting for what is right.
As you can see, online shoppers are pretty well safeguarded but if you have fallen victim to online fraud or simply need some advice, please don’t hesitate to contact us on – Ph 021 – 410 – 8945 – and watch this space for what everyone setting up an e-commerce business should know. Happy Mandela Day!
