Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart E : Right to fair and responsible marketing30. Bait marketing |
| 1) | A supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price. |
| 2) | If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits. |
| 3) | It is a defence to an alleged failure to comply with subsection (1) or (2) if— |
| a) | the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price; and |
| b) | the consumer— |
| i) | unreasonably refused that offer; or |
| ii) | accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted. |
