CROSSBOW MARKETING CONSULTANTS (PTY) LTD. (CMC)

 

STATEMENT OF POLICY REGARDING THE PROTECTION OF THE
RIGHTS OF CONSUMERS IN TERMS OF THE CONSUMER PROTECTION ACT NO 68 OF 2008 AND
THEIR CONSTITUTIONAL RIGHTS

CMC is a marketing company that acts as an agent on behalf of the following charities to fundraise by the sale of products:

  1. Animal Anti-Cruelty League [NPO: 000-560]
  2. Institute For The Blind [NPO: 011-891]
  3. LifeLine Southern Africa [NPO: 002-571]
  4. Muscular Dystrophy Foundation [NPO: 004-152]
  5. The National Council For Persons With Physical Disabilities in SA [NPO: 000-923]
  6. ST Giles Association (KZN) [NPO: 002-298]
  7. ST Giles Association (Gauteng) [NPO: 000-831]

A. Preamble

CMC fully subscribes to the preamble of the CPA by striving to redress the injustices and the social and economic inequalities of the past by promoting the participation
of all consumers and to protect their interests and rights.

CMC is also committed to train all staff to be familiar with these principles and relevant legislation.

CMC recognizes:

  • That apartheid and discriminatory laws of the past have burdened the nation with unacceptably high levels of poverty, illiteracy and other forms of social and economic inequality;
  • That it is necessary to:
    1. fulfill the rights of historically disadvantaged persons and to promote their full participation as consumers;
    2. protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace; and
    3. to give effect to internationally recognized customer rights;
  • That recent and emerging technological changes, trading methods, patterns and agreements have brought, and will continue to bring, new benefits, opportunities and challenges to the market for consumer goods and services within South Africa; and
  • That it is desirable to promote an economic environment that supports and strengthens a culture of consumer rights and responsibilities, business innovation and enhanced performance.

B. Commitment

CMC is fully committed to implement all the sections of the CPA which promotes for the consumers all aspects of practices of fair marketing, transparency, courtesy, honest disclosure, choices, fulfillment of orders, returns and documentation.

Therefore CMC fully endorses the protection of all the consumer rights as contained in the Consumer Protection Act No 68 of 2008 and accordingly commits itself to the following:

  1. The Right to Equality in the Comsumer Market and Protection against DiscriminatoryPractices:
    • CMC recognizes every person’s right to equality in the consumer market, including, but not limited to, free and unlimited access to, price for and quality of goods and services and will not discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
    • CMC recognizes the right of consumers to beheard and obtain redress and undertakes not to discriminate or penalize a consumer who has exercised such right.
  2. The Right to Privacy:
    • CMC recognizes consumers’ right to restrict direct marketing by demanding cessation of such efforts or by pre-emptively blocking such marketing.
    • CMC will not engage in direct marketing to consumers during hours outside that which is laid down by law.
  3. The Right to Choose:
    • CMC recognizes the consumer’s right to shop around for best prices for goods & services and not be obliged to buy any goods from CMC
    • CMC recognizes consumers’ right to a ‘cooling off’ period and to rescind a transaction resulting from any direct marketing without reason or penalty, 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 and to return such goods to CMC
    • CMC recognizes the consumer’s right to choose to examine goods prior to, or after purchase & delivery. Prior examination can be done at one of CMC’s retail shops or on its website at www.kindhearted.co.za
    • Consumers are entitled to reject goods that do not correspond with telephonic or website descriptions of its products.
    • CMC undertakes not delivery goods to consumers unsolicited.
    • CMC recognizes its responsibility todeliver goods or perform the services:
      • on the agreed date and at the agreed time, if any, or otherwise within a reasonable time after concluding the transaction or agreement;
      • at the agreed place of delivery or performance; and
      • at the cost of CMC, in the case of delivery of goods
    • CMC recognizes the consumer’s right to return goods to CMC,and receive a full refund of any consideration paid for those goods, if CMC has delivered:
      • goods to the consumer in terms of an agreement arising out of direct marketing, and the consumer has rescinded that agreement during the cooling of period,
      • goods that the consumer did not have an opportunity to examine before delivery, and the consumer has rejected delivery of those goods for any reason

D. Right to Disclosure of Information

  1. CMC recognizes the consumer’s right to receive information from CMC in plain and understandable language
  2. CMC undertakes to adequately inform and display to consumers the unit price of its products in writing in South African Rands and apply labelling & trade descriptions to its products that are not misleading
  3. CMC undertakes to provide a written record of each transaction to the consumer to whom any goods are supplied.
  4. CMC declares that it acts for and on behalf of the following charities in the sale of products owned by CMC, as agent for these charities:
    • Animal Anti Cruelty League
    • Institute For The Blind
    • LifeLine Southern Africa
    • Muscular Dystrophy Foundation
    • The National Council For Persons With Physical Disabilities in SA
    • ST Giles Association (KZN)
    • ST Giles Association (Gauteng)

E. The Right to Fair and Responsible Marketing

  1. CMC undertakes not to market any goodsin a manner that is reasonably likely to imply a false or misleading representation concerning those goods; orin a manner that is misleading, fraudulent or deceptive in any way; or fail to correct an apparent misapprehension on the part of a consumer.
  2. CMC undertakes not to embark on any dubious marketing methods such as:
    • negative option marketing
    • bait marketing
  3. CMC will not offer comsumers rebates, commissions or other benefits for the referral of names of other consumers which rebates, commissions or other benefits are contingent on that consumer concluding an agreeement with CMC.
  4. CMC undertakes to inform consumers, with whom CMC concludes agreements, as result of its direct marketing of goods, in the prescribed form and manner, of the right to rescind that agreement.

F. The Right to Fair and Honest Dealings

  1. CMC will not not use physical force against a consumer, coercion, undue influence, pressure, duress or harassment, unfair tactics or any other similar conduct, in connection with any marketing of any goods orsupply of goods to a consumer.
  2. CMC will not use false, misleading, deceptive representation, exageration, innuendo or ambiguity in the marketing of its products or fail to correct any misapprehension that may exist in this regard with a consumer .
  3. CMC will not initiate, sponsor, promote or knowingly participate in:
    • fraudulent schemes and offers
    • pyramid and related schemes

G. The Right to Fair, Just and Reasonable Terms and Conditions

  1. CMC undertakes not to offer to supply, supply, or enter into an agreement to supply, any goods:
    • at a price that is unfair, unreasonable or unjust; or
    • on terms that are unfair, unreasonable or unjust and will not enter into prohibited transactions, agreements or terms and conditions. CMC aknowledges the consumer’s right to enforce just and fair terms and conditions in a court of law.

H. The Right to Fair Value, Good Quality and Safety

  1. CMC recognizes the right of every consumer to receive goods that:
    • are reasonably suitable for the purposes for which they are generally intended;
    • are safe, of good quality, in good working order and free of any defects;
    • will be usable and durable for a reasonable period of time; and warrants that the goods so supplied, comply with the above requirements and standards.

I. The Right to Accountability from Suppliers

  1. CMC declares that as a supplier of goods to the consumer market, it will exercise care, diligence and skill and remains accountable to consumers for its products

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Should you have any further questions or queries,

please feel free to contact us.

Ver.20110930