Goods and Services under the Consumer Protection Act


Which Goods and Services does the Consumer Protection Act apply to?

“Goods” include –

  1. Anything marketed for human consumption;
  2. Any tangible object, including any medium on which anything is or may be written or encoded;
  3. Any literature, music, photograph, motion picture, game, information, data, software, code or other intangible product, or a licence to use any such intangible product;
  4. A legal interest in land or any immovable property, other than an interest that falls within the definition of “service” in this section; and
  5. Gas, water and electricity.

“Services” include, but are not limited to:-

  1. Any work or undertaking performed by one person for the direct or indirect benefit of another;
  2. The provision of any education, information, advise or consultation, except advise that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act;
  3. Any banking services, or related similar financial services, or the undertaking, underwriting or assumption of risk by one person on behalf of another, except services that constitute advise or intermediary services that are regulated by the Financial Advisory and Intermediary Services Act, or services that are regulated by the Long-Term and Short-Term Insurance Acts;
  4. The transportation of an individual or any goods;
  5. The provision of accommodation or sustenance;
  6. The provision of entertainment or similar intangible product or access to such entertainment or other intangible product;
  7. The provision of access to any electronic communication infrastructure;
  8. The provision of access, or a right of access, to an event or to any premises, activity or facility;
  9. The provision of access to or use of premises or other property in terms of a rental agreement;
  10. The provision if a right of occupancy of, or power or privilege over any land or other immovable property, other than in terms of a rental;
  11. The provision of the rights of a franchisee in terms of a franchise agreement.

“Transactions” include:-

  1. Agreements between or among persons for the supply or potential supply of goods or services in exchange for consideration;
  2. The supply of goods to or at the direction of a consumer for consideration;
  3. The performance by, or at the direction of a person acting in the ordinary course of business, of any services for or at the direction of a consumer for consideration;
  4. The supply of goods or services to a franchisee in terms of a franchise agreement;
  5. A franchise agreement or a supplementary agreement to a franchise agreement;
  6. A solicitation to enter into a franchise agreement;
  7. The supply of goods or services in the ordinary course of business to any of its members by a club, trade union, association, society or other collectivity, irrespective of whether there is a charge or other economic contribution demanded or expected in order to become or remain a member of that entity.

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