Investor Presentaiton
[Rev. 2016]
Consumer Protection
No. 46 of 2012
6. Estimates
(1) If a consumer agreement includes an estimate, the supplier shall not charge
the consumer an amount that exceeds the estimate by more than ten per cent.
(2) If a supplier charges an amount that exceeds the estimate by more than ten
per cent, the consumer may require that the supplier provide the goods or services
at the estimated price.
(3) Nothing in this section prevents a consumer and a supplier from agreeing
to amend the estimate or price in a consumer agreement, if the consumer requires
additional or different goods or services.
7. Ambiguities
Any ambiguity that allows for more than one reasonable interpretation of
a consumer agreement provided by the supplier to the consumer or of any
information that must be disclosed under this Act shall be interpreted to the benefit
of the consumer.
8. Charging consumers for assistance
No person shall charge a consumer for assisting the consumer to obtain
any benefit, right or protection to which the consumer is entitled under this Act,
unless, before the consumer agrees to pay the charge, the person discloses the
entitlement's existence and direct availability to the consumer and the cost, if any,
the consumer would be required to pay for the entitlement if the consumer obtained
the entitlement directly.
9. Unsolicited goods and services
(1) Except as provided in this section, a recipient of unsolicited goods or
services has no legal obligation in respect of their use or disposal.
(2) No supplier shall demand payment or make any representation that
suggests that a consumer is required to make payment in respect of any unsolicited
goods or services despite their use, receipt, misuse, loss, damage or theft unless,
if at the time of consumption the consumer reasonably believed that the goods or
services were meant for his consumption.
(3) A request for goods or services shall not be inferred solely on the basis of
payment, inaction or the passing of time.
(4) If a consumer is receiving goods or services on an ongoing or periodic basis
and there is a material change in such goods or services, the goods or services
shall be deemed to be unsolicited from the time of the material change forward
unless the supplier is able to establish that the consumer consented to the material
change.
(5) A supplier may rely on a consumer's consent to a material change that is
made orally, in writing or by other affirmative action but the supplier shall bear the
onus of proving the consumer's consent.
(6) If a supplier has received a payment in respect of unsolicited goods or
services, the consumer who made the payment may demand a refund of the
payment in accordance with section 80 within one year after having made the
payment.
(7)
supplier who receives a demand for a refund under subsection (6) shall
refund the payment within the prescribed period of time.
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