Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart C : Consumer's right to choose13. Consumer's right to select suppliers |
| 1) | A supplier must not require, as a condition of offering to supply or supplying any goods or services, or as a condition of entering into an agreement or transaction, that the consumer must— |
| a) | purchase any other particular goods or services from that supplier: |
| b) | enter into an additional agreement or transaction with the same supplier or a designated third party; or |
| c) | agree to purchase any particular goods or services from a designated third party, |
unless the supplier—
| i) | can show that the convenience to the consumer in having those goods or services bundled outweighs the limitation of the consumer's right to choice; |
| ii) | can show that the bundling of those goods or services results in economic benefit for consumers; or |
| iii) | offers bundled goods or services separately and at individual prices. |
| 2) | Except to the extent that any other law provides otherwise, in any transaction between a franchisee and franchisor in terms or their franchise agreement, it is a defence to an allegation that the franchisor, as supplier to the franchisee, has contravened this section if any goods or services that the franchisee was required to purchase from or at the direction of the franchisor are reasonably related to the branded products or services that are the subject of the franchise agreement. |
