WEBVTT - Consumer Talk with Wendy Knowler: Third party vendors

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<v Speaker 1>Lunch Boy with Pilpa Hudson and now Consumer Talk featuring

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<v Speaker 1>with Wendy Nola.

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<v Speaker 2>Before we bring in Wendy.

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<v Speaker 3>Tracy, thanks for your message, already responding saying, yay, I

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<v Speaker 3>love rugby and I've tried for years but still don't

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<v Speaker 3>understand the rules. Now with two boys playing the game,

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<v Speaker 3>I need to understand the rule book from a sport dummy. Well,

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<v Speaker 3>Tracy's book to spot with us on Tuesday at two

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<v Speaker 3>o'clock next week. I hope you will join us and

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<v Speaker 3>learn more about the sport of rugby.

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<v Speaker 2>Tracy, thanks for the enthusiasm.

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<v Speaker 3>We're all really excited about the series and we've got

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<v Speaker 3>some fantastic guests lined up, so really looking forward to it.

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<v Speaker 3>For now, though, we are switching our focus to consumer

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<v Speaker 3>affairs and Wendy Nooda joining us by a zoom this

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<v Speaker 3>afternoon from Johannesburg. We are going to be discussing another

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<v Speaker 3>aspect of risk associated with online shopping, and this is

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<v Speaker 3>particularly today, the problems associated with platforms that include third

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<v Speaker 3>party vendors. If you are quite sure what that means,

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<v Speaker 3>we'll explain in just a moment, but just to say,

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<v Speaker 3>if you've had experience with these issues that we're talking

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<v Speaker 3>about today. If you'd like to join the conversation, give

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<v Speaker 3>us a WhatsApp to seven two five six seven one

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<v Speaker 3>five six seven or a call to two one four

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<v Speaker 3>four six o five six seven.

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<v Speaker 4>Great.

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<v Speaker 2>Have you with us, Wendy welcome. We don't seem to have.

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<v Speaker 3>Audio on your sound Wendy, if you can just check

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<v Speaker 3>that you're not muted on the zoom on that end,

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<v Speaker 3>apologies for that. Wendy joining us from Johannesburg this afternoon

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<v Speaker 3>to discuss the matter, and.

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<v Speaker 2>There we go. I think we've got you now, Wendy. Welcome,

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<v Speaker 2>Rookie Era.

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<v Speaker 5>Sorry, yes, good to be with you.

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<v Speaker 3>There's been a while since we did by zoom, so

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<v Speaker 3>you are forgiven, Wenny. Today's topic isn't just fueled by

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<v Speaker 3>listener complaints, although we have had a number of those.

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<v Speaker 3>It's actually been flagged as a problem by the Consumer

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<v Speaker 3>Goods and Services on But hasn't.

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<v Speaker 5>It Yes, indeed to the umbut who is the Consumer

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<v Speaker 5>Goods and Services on Board?

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<v Speaker 4>Lee Sobrati.

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<v Speaker 5>He spoke out just last week at the release of

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<v Speaker 5>the ubert's twenty twenty four to twenty five an Your Report,

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<v Speaker 5>But he actually had led this issue many consumers buying,

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<v Speaker 5>as you said, products on large, well known retailed websites,

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<v Speaker 5>so there's a trust factor there, right, not realizing that

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<v Speaker 5>they are actually dealing with an unknown third party vendor

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<v Speaker 5>that are being you know, that are piggybacking on that

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<v Speaker 5>big player being hosted on the site. And obviously there's

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<v Speaker 5>a fee that they pay for that. But it's only

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<v Speaker 5>so many of these these transactions. These purchases would go

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<v Speaker 5>off without a hitch, no problem, but when things go

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<v Speaker 5>wrong with the product or the delivery, or the customer

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<v Speaker 5>realizes that, you know, they were doing business with a

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<v Speaker 5>company that they you know, they didn't realize, then there

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<v Speaker 5>can be disputes and some you know, unfortunate kind of dispute, well,

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<v Speaker 5>disputes and problems that arise out of that.

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<v Speaker 2>It all sounds quite familiar.

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<v Speaker 3>We've actually tackled a case or two like this fairly recently, Wendy.

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<v Speaker 5>Yes, the one was a little while ago, but it

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<v Speaker 5>was one of my standout cases. It was a summerset

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<v Speaker 5>where man who bought a laptop from take a Lot

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<v Speaker 5>which turned out to be stolen. Weirdly, I think it

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<v Speaker 5>was more more than a year. I mean close to

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<v Speaker 5>two years later, he was working on it and suddenly

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<v Speaker 5>this screen popped up, freezing his his laptop, making it

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<v Speaker 5>unusable for him, and saying that it was stolen from

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<v Speaker 5>a government department, a contry member, which one remember that,

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<v Speaker 5>and yeah, and so naturally he wanted, you know, a refund,

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<v Speaker 5>and it got very messy, went on for months and months,

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<v Speaker 5>even after our intervention, and finally he you know, take

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<v Speaker 5>a lot to take responsibility. And the other one was

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<v Speaker 5>was earlier this year Amanda, also of Cape Town, she

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<v Speaker 5>ordered a Guardina specific brand, well known, reputable brand of

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<v Speaker 5>host pipe off the Macro website, only to receive a

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<v Speaker 5>cheap and nasty knockoff. She was given a real run

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<v Speaker 5>around when she tried to return it because once again

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<v Speaker 5>the seller was not actually Macro itself but a third

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<v Speaker 5>party vendors selling on their platform. And she was finally refunded.

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<v Speaker 5>I think it was two months after the purchase, after

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<v Speaker 5>she came to us for help.

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<v Speaker 3>Okay, so thanks thanks for reminding us of those examples.

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<v Speaker 3>I'm sure listeners will remember them. But Wendy, as you

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<v Speaker 3>said at the start, it's not just our complainants raising

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<v Speaker 3>the red flags here. Last week the consumer goods and

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<v Speaker 3>services Onbitsman Lisa Brati highlighted this issue in the release

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<v Speaker 3>of the latest annual reports. Can you tell us a

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<v Speaker 3>little bit of an overview of what he said?

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<v Speaker 5>No, I think it's best for me to quote exactly

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<v Speaker 5>from his report. He said, it's clear that many consumers

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<v Speaker 5>do not understand the implications of transacting with legitimate online

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<v Speaker 5>platforms that host third party suppliers commonly referred to as marketplaces.

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<v Speaker 5>As these proliferate, he said, we anticipate that's the orbit's

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<v Speaker 5>office that more complaints from consumers who think they are

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<v Speaker 5>trading with a well known platform, only to find themselves

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<v Speaker 5>having to deal with an unknown vendor when things go wrong.

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<v Speaker 5>He then went on to say that his office was

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<v Speaker 5>working hard to ensure that consumers, especially vulnerable ones, understand

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<v Speaker 5>what to look for when shopping on marketplaces. He says,

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<v Speaker 5>the tease agencies are usually clear in this regard, but

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<v Speaker 5>a surprising number of people, even experienced online shoppers, fail

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<v Speaker 5>to read them.

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<v Speaker 4>And don't we know that.

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<v Speaker 2>We know that all too well. Guilty has charged and

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<v Speaker 2>we've spoken about this very very often.

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<v Speaker 3>When there were particular key issues within the sort of

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<v Speaker 3>category of problems that he flagged. You want to just

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<v Speaker 3>elaborate for us.

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<v Speaker 5>Sure, so he said, There include who exactly is responsible

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<v Speaker 5>for the delivery of the goods and the successful delivery

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<v Speaker 5>of the goods. Who must provide customers or their receipt

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<v Speaker 5>as proof of purchase, especially when it comes to needing

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<v Speaker 5>to lodge a warranty with the manufacturer on the goods

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<v Speaker 5>purchased if they become somehow effective.

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<v Speaker 4>And also whether the housing this.

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<v Speaker 5>Is very important, not housing, whether the hosting platform that

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<v Speaker 5>big name will assist with a plant relating to non

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<v Speaker 5>delivery or return should goods become defective, because you really

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<v Speaker 5>don't want to be left on your own trying to

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<v Speaker 5>deal with a third party that you didn't even know

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<v Speaker 5>existed before you place the order came.

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<v Speaker 4>So yeah, it.

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<v Speaker 5>Would seem then, judging from his remarks, which went on

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<v Speaker 5>for a number of paragraphs in his report, that that

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<v Speaker 5>office has also been fielding complaints around this issue.

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<v Speaker 3>Okay, so we've had a couple of new ones as well.

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<v Speaker 3>Do you want to tell us about the case of

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<v Speaker 3>Kyle Wells also here in cape to on our caped

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<v Speaker 3>on shoppers having unfortunes experiences by the looks of things.

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<v Speaker 2>What happened?

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<v Speaker 4>Yeah, this is the case I took up.

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<v Speaker 5>He bought a laptop on Take a Lot last April,

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<v Speaker 5>and when its charger exploded earlier this year, he went

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<v Speaker 5>looking for an invoice on the app in order to

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<v Speaker 5>make a warranty claim it was founder warranty.

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<v Speaker 4>When he couldn't find.

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<v Speaker 5>Any invoice or any proof of purchase, he turned to

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<v Speaker 5>Take a Lot for help, but Take a Lot said

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<v Speaker 5>its third party supplier was nonrous re sponsors to its

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<v Speaker 5>request to provide said proof of purchase. Take a Lot's

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<v Speaker 5>tease and c state that third party sellers are responsible

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<v Speaker 5>for providing an invoice to the registered user that would

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<v Speaker 5>be the buyer KYL in this case. But the UMBERT

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<v Speaker 5>says consumer protection laws compel intermediaries that's their technical name

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<v Speaker 5>in terms of the CPA, such as Take a Lot,

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<v Speaker 5>to ensure that a full record of the transaction be

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<v Speaker 5>provided to the consumer. Take a Lot in this case

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<v Speaker 5>said well, we can't get hold of them. You know,

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<v Speaker 5>it's over to you. And he came to me and said,

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<v Speaker 5>well if I can't get hold if they can't get

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<v Speaker 5>hold of them, I don't take a Lot, am I

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<v Speaker 5>supposed exactly.

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<v Speaker 3>I mean, Wendy, surely these platforms should be doing due

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<v Speaker 3>diligence about who they allowed to trade as a third party.

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<v Speaker 3>I mean, it's in their best interests because it's their

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<v Speaker 3>reputation that's compromised.

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<v Speaker 2>Kyle isn't telling his.

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<v Speaker 3>Friends I bought a laptop and the charger exploded, and

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<v Speaker 3>I bought it from third party vendor Xyzz.

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<v Speaker 2>He's telling them me bought it on Take a Lot exactly.

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<v Speaker 4>So Take a Lot.

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<v Speaker 5>When I questioned them about this, said that all third

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<v Speaker 5>party sellers have to go through a robust vetting process

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<v Speaker 5>before they can start trading on the platform.

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<v Speaker 4>I was told.

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<v Speaker 5>They are required to submit documentation and information which is

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<v Speaker 5>automatically checked and validated using a matrix of databases. They

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<v Speaker 5>check with plice, and they check company registration records and

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<v Speaker 5>if this and also the seller's sources of supply are

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<v Speaker 5>validated using previous invoice checks. If the seller doesn't pass

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<v Speaker 5>the checks and overall vetting process, they are not permitted

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<v Speaker 5>to trade on Take a Lot, I was told. And

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<v Speaker 5>on the rare occasions when the checks and balances fail,

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<v Speaker 5>as in this case, we assist customers as best as

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<v Speaker 5>possible and then they said, you know that the cell

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<v Speaker 5>had been unresponsive in this case.

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<v Speaker 2>Excuse me, horrible frog.

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<v Speaker 3>Okay, you source off the frog while I read a

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<v Speaker 3>question that's coming from Jenny, who I think is asking

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<v Speaker 3>the million dollar questions that everyone's wondering. If I've bought

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<v Speaker 3>an item from Take a Lot, surely my contract is

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<v Speaker 3>with Take a Lot rather than with the vendor who

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<v Speaker 3>supplied the item to Take a Lot.

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<v Speaker 2>And we're going to delve Jenny. Thanksful for that, You've

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<v Speaker 2>nailed it.

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<v Speaker 3>That is the key question here is where does the

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<v Speaker 3>responsibility sit in that contractual relationship. And we're going to

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<v Speaker 3>delve a little bit into that because the omber has

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<v Speaker 3>had quite a lot to say about how the law

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<v Speaker 3>views all the parties in this case. When the important

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<v Speaker 3>to say that, in Kyle's case, Take a Lot has

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<v Speaker 3>suspended the supplier of that exploding laptop charger until such

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<v Speaker 3>time as they have been able to establish contact with

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<v Speaker 3>them and resolve this matter. But in the meantime, I mean,

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<v Speaker 3>Kyle's got no way of lodging a warranty claim in

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<v Speaker 3>respect of the defective product.

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<v Speaker 5>Indeed, but after I'd started making a bit of noise

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<v Speaker 5>about this and the OMBUD had champed in with his

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<v Speaker 5>feelings on the matter. Take a Lot didn't tell me this,

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<v Speaker 5>but they let Kyle know that they were giving him

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<v Speaker 5>a replacement laptop and he got said laptop, so he

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<v Speaker 5>was sorted out that way. But yes, it does speak

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<v Speaker 5>to the responsibility factor when you go to a certain

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<v Speaker 5>retail online retail site and you have a certain level

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<v Speaker 5>of you feel a certain level of comfort and protection.

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<v Speaker 2>Yeah, yeah, that what is it in reality?

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<v Speaker 4>Yeah?

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<v Speaker 3>Okay, Now to Journey's point about here, where does the

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<v Speaker 3>responsibility lie here? Who is your contract with and what

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<v Speaker 3>are the obligations in that contractual relationship? When you asked

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<v Speaker 3>the OMBUT for comment on this case, and they were

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<v Speaker 3>absolutely clear that in terms of the Consumer Protection Act,

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<v Speaker 3>and intermediary in any transaction has got to keep proper

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<v Speaker 3>records of all relationships and transactions, and that for the

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<v Speaker 3>purposes of e commerce, they would regard the hosting platform

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<v Speaker 3>as an intermediary. So, in other words, whether it's take

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<v Speaker 3>a Lot or Macro or any other major sales platform

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<v Speaker 3>that is hosting a third party vendor, the major platform

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<v Speaker 3>is regarded officially as an intermediary and they are obliged

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<v Speaker 3>to comply with the Consumer Protection Act in that regard.

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<v Speaker 3>So they were absolutely unequivocal in that.

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<v Speaker 5>So the major plate there intermedia. Yeah, there's exactly, and

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<v Speaker 5>they must comply with what the Act says about that

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<v Speaker 5>and their responsibilities accordingly.

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<v Speaker 3>Okay, as a matter of interest, did he give you

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<v Speaker 3>any indication of just how many of these kinds of

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<v Speaker 3>complaints they are receiving about third party vendors?

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<v Speaker 5>No, they in the annual report released last thursday. As

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<v Speaker 5>I said, there were a lot of stats in there

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<v Speaker 5>and break certain breakdowns, but it doesn't dive that deep

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<v Speaker 5>in terms of, you know what categories of online complaints.

0:11:41.000 --> 0:11:43.559
<v Speaker 5>Obviously this was one of them to be singled out.

0:11:43.800 --> 0:11:46.360
<v Speaker 5>But all all they shared was that of the twelve

0:11:46.679 --> 0:11:50.920
<v Speaker 5>two hundred odd complaints received between the beginning of March

0:11:51.000 --> 0:11:53.600
<v Speaker 5>last year and the end of February this year, online

0:11:53.640 --> 0:11:57.400
<v Speaker 5>complaints with the largest category at nineteen percent. And that

0:11:57.520 --> 0:12:00.120
<v Speaker 5>was a trend that began in twenty twenty when a

0:12:00.120 --> 0:12:03.079
<v Speaker 5>lot of people who had been sitting on the sad lands,

0:12:03.120 --> 0:12:06.840
<v Speaker 5>maybe only you know, booking an airline ticket online but

0:12:06.920 --> 0:12:10.640
<v Speaker 5>not shopping, you know, jumped in with both feet and

0:12:10.960 --> 0:12:14.080
<v Speaker 5>as the numbers go up, as the online starts from

0:12:14.120 --> 0:12:19.600
<v Speaker 5>life eight, so you know the number of complaints about

0:12:19.679 --> 0:12:22.839
<v Speaker 5>things going wrong then you know continue to arise every

0:12:22.920 --> 0:12:25.480
<v Speaker 5>year proportionately with with the Onbird's office.

0:12:25.679 --> 0:12:27.920
<v Speaker 3>I've just done a quick calculation in the background here,

0:12:27.920 --> 0:12:30.760
<v Speaker 3>and if they've received twelve two hundred and seven complaints

0:12:30.760 --> 0:12:33.720
<v Speaker 3>in a single year, that means approximately thirty three people

0:12:33.760 --> 0:12:37.880
<v Speaker 3>are lodging complaints every single day of the year, Wendy. Okay,

0:12:37.920 --> 0:12:41.240
<v Speaker 3>And I'm surprised you've said that, So six or seven

0:12:41.320 --> 0:12:44.040
<v Speaker 3>online complaints that with twenty percent is the accurate figure.

0:12:44.200 --> 0:12:46.840
<v Speaker 3>That's six or seven complaints a day. As you said,

0:12:46.920 --> 0:12:51.560
<v Speaker 3>considering the huge escalation in online shopping usage, I'm also

0:12:51.559 --> 0:12:53.360
<v Speaker 3>a bit surprised the figure isn't higher than that.

0:12:53.840 --> 0:12:54.040
<v Speaker 4>Now.

0:12:54.240 --> 0:12:58.120
<v Speaker 3>You also had an interesting engagement with another local supplier, Wendy,

0:12:58.160 --> 0:13:00.559
<v Speaker 3>about another aspect to the third party story, which is

0:13:00.600 --> 0:13:04.480
<v Speaker 3>third party vendors selling knockoffs of legitimate brands products.

0:13:05.360 --> 0:13:05.800
<v Speaker 4>Yeah.

0:13:05.840 --> 0:13:09.720
<v Speaker 5>So the Waco Group, which owns the Yellow brand, shared

0:13:09.760 --> 0:13:13.120
<v Speaker 5>with me is concerns about Yellow knockoffs being put up

0:13:13.120 --> 0:13:20.000
<v Speaker 5>for sale by vendors on various online marketplace places. I

0:13:20.040 --> 0:13:22.440
<v Speaker 5>was told by their head of marketing, Carl Lucas that

0:13:22.559 --> 0:13:25.680
<v Speaker 5>it happens, you know, across the board, take a lot, Amazon,

0:13:25.800 --> 0:13:29.920
<v Speaker 5>Macro and others. He says, Fortunately, we have established channels

0:13:30.320 --> 0:13:35.239
<v Speaker 5>within those e retailers to report and remove fake listings,

0:13:35.679 --> 0:13:39.240
<v Speaker 5>and now that the removal of those listings happens usually

0:13:39.320 --> 0:13:42.640
<v Speaker 5>within twenty four hours in the space of a month. Recently,

0:13:42.679 --> 0:13:45.760
<v Speaker 5>he said, I think it's June to July, the Wicco

0:13:45.840 --> 0:13:49.720
<v Speaker 5>team successfully requested online retailers to remove more than one

0:13:49.800 --> 0:13:55.000
<v Speaker 5>hundred fake listings and in one month, they said. He said,

0:13:55.040 --> 0:13:57.480
<v Speaker 5>the company puts that down, you know, being able to

0:13:57.480 --> 0:14:02.080
<v Speaker 5>do it, you know, efficiently and quickly in you know,

0:14:02.520 --> 0:14:06.280
<v Speaker 5>with their relationship with those marketplaces. It's due to their

0:14:06.320 --> 0:14:09.640
<v Speaker 5>size and resources. But he said, smaller brands and customers

0:14:09.679 --> 0:14:13.040
<v Speaker 5>probably don't stand a chance. And we're sure these fraudsters

0:14:13.120 --> 0:14:16.640
<v Speaker 5>are targeting other shopping categories too, and we know that

0:14:16.760 --> 0:14:17.120
<v Speaker 5>they are.

0:14:17.640 --> 0:14:18.959
<v Speaker 4>So what the.

0:14:18.920 --> 0:14:20.800
<v Speaker 5>Fakers are doing, I'm calling them the fake is they

0:14:20.880 --> 0:14:25.320
<v Speaker 5>use various combination of Cello's brand name, product titles, images,

0:14:25.640 --> 0:14:30.120
<v Speaker 5>written descriptions, even the product codes on those marketplace, says,

0:14:30.400 --> 0:14:32.920
<v Speaker 5>you know, piggybacking on the on the big names, creating

0:14:33.000 --> 0:14:37.240
<v Speaker 5>the impression that customers are purchasing authentic Sealo items and

0:14:37.320 --> 0:14:40.920
<v Speaker 5>he says, I've lost my place.

0:14:41.800 --> 0:14:43.320
<v Speaker 4>When they.

0:14:44.600 --> 0:14:47.400
<v Speaker 5>When they complain, when they when they when they report this,

0:14:47.560 --> 0:14:54.240
<v Speaker 5>obviously they are removed quickly. But the people fulfilling those

0:14:54.360 --> 0:14:58.040
<v Speaker 5>orders though, the ones that you know where customers buy

0:14:58.080 --> 0:15:03.520
<v Speaker 5>before the listings are removed, they're using substant materials and constructions,

0:15:03.520 --> 0:15:05.000
<v Speaker 5>and they they reckon.

0:15:05.040 --> 0:15:06.480
<v Speaker 4>It's small backyard.

0:15:07.520 --> 0:15:10.800
<v Speaker 5>Artfits just seeing the pictures and trying to do a

0:15:10.800 --> 0:15:14.680
<v Speaker 5>cobble together and not something that looks but usually not

0:15:14.920 --> 0:15:18.920
<v Speaker 5>normally quite badly, and the moment there arrived, the purchaser

0:15:19.000 --> 0:15:22.360
<v Speaker 5>knows something that is definitely wrong. But you can imagine

0:15:22.360 --> 0:15:24.840
<v Speaker 5>the damage to the brand if someone does, think well,

0:15:24.880 --> 0:15:27.160
<v Speaker 5>because the complaints would go to them, right, what if

0:15:27.200 --> 0:15:29.360
<v Speaker 5>you what kind of quality is this?

0:15:29.480 --> 0:15:31.440
<v Speaker 2>Yew Okay, thanks for flagging that.

0:15:31.600 --> 0:15:33.200
<v Speaker 3>After the news break, we're going to come back to

0:15:33.240 --> 0:15:36.760
<v Speaker 3>another aspect of the third party vendor issue that also

0:15:36.800 --> 0:15:40.400
<v Speaker 3>applies to other brands and established platforms as well. So

0:15:40.480 --> 0:15:42.840
<v Speaker 3>stay with us, and if you've had experience with this

0:15:42.960 --> 0:15:45.920
<v Speaker 3>issue of buying from a major platform thinking you were

0:15:45.920 --> 0:15:49.160
<v Speaker 3>buying directly from that platform, only to discover that you'd

0:15:49.200 --> 0:15:51.560
<v Speaker 3>been receiving an item from a third party vendor and

0:15:51.600 --> 0:15:54.600
<v Speaker 3>then had difficulty engaging with them for any reason.

0:15:56.720 --> 0:16:01.600
<v Speaker 1>WhatsApp seven to five, six seven one, six to seven.

0:16:02.320 --> 0:16:04.400
<v Speaker 3>Well, here's the what's up from Moyra with an example

0:16:04.400 --> 0:16:06.920
<v Speaker 3>of what we've just been discussing, and then Melane will

0:16:06.920 --> 0:16:09.440
<v Speaker 3>get to your particular issue in just a moment because

0:16:09.480 --> 0:16:11.600
<v Speaker 3>it's directly relevant to the next thing we want to

0:16:11.640 --> 0:16:14.480
<v Speaker 3>talk about first. Though, Moyra has had the experience Wendy.

0:16:14.480 --> 0:16:17.000
<v Speaker 3>She says in May, I bought a Mylex vacuum from

0:16:17.120 --> 0:16:20.440
<v Speaker 3>Lout and when it broke five weeks ago, was told

0:16:20.720 --> 0:16:22.960
<v Speaker 3>I need to get in touch directly with the supplier

0:16:23.000 --> 0:16:25.480
<v Speaker 3>to sort it out. I had a long wait, firstly

0:16:25.480 --> 0:16:27.760
<v Speaker 3>for that first feedback from lut and then secondly for

0:16:27.840 --> 0:16:32.120
<v Speaker 3>feedback from Mylex themselves, and I still don't have a

0:16:32.200 --> 0:16:35.520
<v Speaker 3>vacuum cleaner, is her comment. She said happily. The previous

0:16:35.560 --> 0:16:37.600
<v Speaker 3>time she had an issue with something bought on Take

0:16:37.640 --> 0:16:40.600
<v Speaker 3>a Lot, she again was asked to deal no, sorry,

0:16:40.640 --> 0:16:43.000
<v Speaker 3>take a Lot. I bought a scale from Take a Lot,

0:16:43.040 --> 0:16:45.320
<v Speaker 3>she says, it didn't work. They sent me a replacement

0:16:45.720 --> 0:16:47.920
<v Speaker 3>that also didn't work. I sent it back and was

0:16:47.920 --> 0:16:50.840
<v Speaker 3>given credit, but I did then contact the supplier who

0:16:50.960 --> 0:16:53.080
<v Speaker 3>curied me a new scale at no cost, So in

0:16:53.120 --> 0:16:55.560
<v Speaker 3>that case it ended well for Moira. In fact, she

0:16:55.600 --> 0:16:57.240
<v Speaker 3>got a double whammy. She got a new scale and

0:16:57.280 --> 0:16:58.720
<v Speaker 3>she got a credit from Take a Lot.

0:16:59.000 --> 0:17:01.440
<v Speaker 2>So two weeks should rectify that?

0:17:01.720 --> 0:17:05.600
<v Speaker 5>Yeah, yeah, but you should rectify one thing about the credit.

0:17:06.119 --> 0:17:09.160
<v Speaker 5>The retailers tend to default to that, but you don't

0:17:09.200 --> 0:17:11.600
<v Speaker 5>have to accept that. If you want to refund, you're

0:17:11.760 --> 0:17:14.440
<v Speaker 5>entitled to it, and they normally do say that if

0:17:14.480 --> 0:17:17.359
<v Speaker 5>you if you prefer, But what they should ideally do

0:17:17.520 --> 0:17:20.320
<v Speaker 5>is before they do anything, say which would you like

0:17:20.680 --> 0:17:23.280
<v Speaker 5>if you're a regular shopper. On that side, it makes

0:17:23.280 --> 0:17:25.399
<v Speaker 5>sense to have a credit because it's immediate, and if

0:17:25.480 --> 0:17:29.000
<v Speaker 5>it's a refund it takes much longer. So I'm just

0:17:29.000 --> 0:17:30.960
<v Speaker 5>just saying, if you want your money back, you don't

0:17:30.960 --> 0:17:31.960
<v Speaker 5>have to accept a credit.

0:17:32.560 --> 0:17:34.480
<v Speaker 4>If the dict is defective, do you have.

0:17:34.480 --> 0:17:36.399
<v Speaker 3>To accept being told you must sort it out with

0:17:36.680 --> 0:17:39.320
<v Speaker 3>the supplier or should it not be the platform you

0:17:39.359 --> 0:17:39.920
<v Speaker 3>bought it from?

0:17:40.240 --> 0:17:41.360
<v Speaker 2>Problem to rectify?

0:17:42.280 --> 0:17:42.920
<v Speaker 4>I think no.

0:17:43.160 --> 0:17:45.200
<v Speaker 5>If it's in the first six months, certainly under the

0:17:45.280 --> 0:17:49.440
<v Speaker 5>CPA they must take responsibility, and certainly in a case

0:17:49.560 --> 0:17:52.640
<v Speaker 5>like this, where the customer is coming to you as

0:17:52.720 --> 0:17:59.280
<v Speaker 5>this reputable, dependable, major player in the industry. This is

0:17:59.320 --> 0:18:01.920
<v Speaker 5>not somebody that would nor merely choose to buy from

0:18:02.080 --> 0:18:03.440
<v Speaker 5>Sunshine one to three.

0:18:03.600 --> 0:18:04.200
<v Speaker 4>You know what I mean.

0:18:04.359 --> 0:18:09.280
<v Speaker 5>It's they are trusting you to have properly vetted and

0:18:09.960 --> 0:18:13.240
<v Speaker 5>stand by this third party that you are now allowing

0:18:13.480 --> 0:18:16.280
<v Speaker 5>allowing on the site. So they should do their due

0:18:16.359 --> 0:18:19.919
<v Speaker 5>diligence and if something goes wrong, and it's a question

0:18:20.040 --> 0:18:23.800
<v Speaker 5>to ask, and I would certainly do that so you

0:18:23.920 --> 0:18:26.879
<v Speaker 5>know what you can expect if something does go wrong.

0:18:27.960 --> 0:18:29.840
<v Speaker 5>So I think in some cases they do, in in

0:18:29.920 --> 0:18:31.600
<v Speaker 5>other cases they don't.

0:18:31.960 --> 0:18:33.280
<v Speaker 4>But I would.

0:18:33.160 --> 0:18:35.600
<v Speaker 5>Certainly if it happened to me, I would certainly insist

0:18:35.920 --> 0:18:39.720
<v Speaker 5>that they deal with their supplier and not make it

0:18:39.800 --> 0:18:43.159
<v Speaker 5>your problem, not make it properly because they should have

0:18:43.200 --> 0:18:43.960
<v Speaker 5>vetted them properly.

0:18:44.040 --> 0:18:45.480
<v Speaker 2>Right, absolutely, absolutely.

0:18:45.520 --> 0:18:47.800
<v Speaker 3>You are putting your trust in the brig, the big brand,

0:18:48.280 --> 0:18:50.120
<v Speaker 3>and shopping on the big brand for a reason because

0:18:50.160 --> 0:18:51.840
<v Speaker 3>it is a trusted brand. So they need to do there,

0:18:51.840 --> 0:18:54.320
<v Speaker 3>but to ensure the integrity of what that brand represents

0:18:54.600 --> 0:18:57.000
<v Speaker 3>in terms of how they're vetting who goes on that platform.

0:18:57.119 --> 0:18:58.439
<v Speaker 2>So I mean the bottom line for listeners.

0:18:58.440 --> 0:19:01.240
<v Speaker 3>Here, Wendy is obviously again playing cost attention to the

0:19:01.240 --> 0:19:04.600
<v Speaker 3>small prints. When you are buying a product, if there

0:19:04.640 --> 0:19:06.960
<v Speaker 3>is a line there saying that this is a third

0:19:06.960 --> 0:19:10.320
<v Speaker 3>party vendor seller Xyz for example, an even I heard

0:19:10.320 --> 0:19:10.959
<v Speaker 3>of that person.

0:19:12.680 --> 0:19:13.520
<v Speaker 4>I mean, I've done it.

0:19:13.480 --> 0:19:18.080
<v Speaker 5>Many times, but be mindful that both take a lot

0:19:18.200 --> 0:19:22.480
<v Speaker 5>and Macro for example, they will use the words.

0:19:21.880 --> 0:19:23.960
<v Speaker 4>Sold by and it'll be a company. Don't know.

0:19:23.960 --> 0:19:27.119
<v Speaker 5>I should just say I did ask Macro for comment

0:19:27.160 --> 0:19:29.920
<v Speaker 5>and they said they opened their website to third party

0:19:29.960 --> 0:19:33.359
<v Speaker 5>sellers in twenty eighteen. Items sold by third party sellers

0:19:33.359 --> 0:19:35.720
<v Speaker 5>are indicated on the product display page as I've seen

0:19:35.720 --> 0:19:37.480
<v Speaker 5>through a message saying sold by.

0:19:37.440 --> 0:19:38.360
<v Speaker 4>And the business name.

0:19:38.880 --> 0:19:43.040
<v Speaker 5>All suppliers, including marketplace sellers, are contracted to comply with

0:19:43.119 --> 0:19:47.600
<v Speaker 5>relevant legal obligations, including those prescribed in intellectual property law

0:19:47.880 --> 0:19:50.760
<v Speaker 5>and the Consumer Protection Act. I was told by Macro

0:19:51.119 --> 0:19:53.560
<v Speaker 5>if the authenticity of products, and this was my quer

0:19:53.720 --> 0:19:57.400
<v Speaker 5>was specifically around the knockoffs. If the authenticity of products

0:19:57.440 --> 0:20:01.200
<v Speaker 5>is in question, including through proact of weekly scanning of

0:20:01.280 --> 0:20:07.120
<v Speaker 5>the marketplace product catalog, then those products are removed from sale.

0:20:07.240 --> 0:20:09.400
<v Speaker 5>I also had a case just quickly say talking about

0:20:09.480 --> 0:20:11.639
<v Speaker 5>just thinking about it when they said they require the

0:20:12.200 --> 0:20:15.679
<v Speaker 5>vendors to comply with the CPA. I had started corresponding.

0:20:15.720 --> 0:20:20.439
<v Speaker 5>Someone bought a kettle and it it became defective within

0:20:20.560 --> 0:20:21.159
<v Speaker 5>six months.

0:20:21.200 --> 0:20:22.840
<v Speaker 4>And I saw the.

0:20:22.760 --> 0:20:27.080
<v Speaker 5>Correspondence that the supply had sent to Macro, and it

0:20:27.200 --> 0:20:29.119
<v Speaker 5>included it said this.

0:20:31.720 --> 0:20:32.920
<v Speaker 4>You've had the product.

0:20:32.600 --> 0:20:36.000
<v Speaker 5>For four months or five months, and that's it's it's

0:20:36.160 --> 0:20:38.480
<v Speaker 5>very long and so that basically there's no recourse. And

0:20:38.560 --> 0:20:42.040
<v Speaker 5>I was like, and the and the and the Macro

0:20:42.119 --> 0:20:45.760
<v Speaker 5>person didn't correct that in relaying the information to the customer.

0:20:45.840 --> 0:20:48.800
<v Speaker 5>So that kind of thing needs to now be you know,

0:20:49.160 --> 0:20:51.720
<v Speaker 5>stamped out. There needs to be a lot of oversight

0:20:52.119 --> 0:20:56.119
<v Speaker 5>because they're inviting these people into into our trusted app

0:20:56.560 --> 0:20:59.240
<v Speaker 5>and we need to know that they're doing their due diligence.

0:20:59.359 --> 0:21:01.919
<v Speaker 3>Okay, now, Wendy, just an interesting sort of did you

0:21:02.000 --> 0:21:04.320
<v Speaker 3>know addition here before we move into the issue of

0:21:04.320 --> 0:21:08.560
<v Speaker 3>returns on items that we're on sale. All online vendors

0:21:08.640 --> 0:21:12.920
<v Speaker 3>actually have legal obligations under the Electronic Communications and Transactions

0:21:12.920 --> 0:21:15.520
<v Speaker 3>Act in terms of the kind of information that they're

0:21:15.520 --> 0:21:18.360
<v Speaker 3>obliged to display. Won't you just walk us through what

0:21:18.400 --> 0:21:19.600
<v Speaker 3>you should be looking for.

0:21:20.200 --> 0:21:21.800
<v Speaker 5>Sure there are a lot, but I think just to

0:21:21.840 --> 0:21:24.840
<v Speaker 5>simplify this and the onbut actually made mention of this

0:21:24.920 --> 0:21:27.000
<v Speaker 5>in his report as well, because so many people, even

0:21:27.040 --> 0:21:30.160
<v Speaker 5>experienced shoppers, don't know this. So if this doesn't happen,

0:21:30.200 --> 0:21:31.960
<v Speaker 5>then's a red flag and I would say move on.

0:21:32.359 --> 0:21:33.480
<v Speaker 4>So number one, they.

0:21:33.320 --> 0:21:36.679
<v Speaker 5>Need to clearly display the refund and returns policies and

0:21:36.720 --> 0:21:40.800
<v Speaker 5>plan easy to understand the language and to and often

0:21:41.880 --> 0:21:44.920
<v Speaker 5>the tes as we'll get you now are not legally compliant,

0:21:44.920 --> 0:21:47.159
<v Speaker 5>but people don't know they're not legally complied, right, So

0:21:47.200 --> 0:21:49.520
<v Speaker 5>I think arm yourself with the correct knowledge by listening

0:21:49.520 --> 0:21:51.320
<v Speaker 5>to shows like this would be a good start. And

0:21:51.359 --> 0:21:55.400
<v Speaker 5>then they must provide a full, physical, valid address. When

0:21:55.400 --> 0:21:57.320
<v Speaker 5>I say valid, I've seen many that just put the

0:21:58.800 --> 0:22:01.840
<v Speaker 5>street name suburb and you look at it quickly and

0:22:01.880 --> 0:22:03.639
<v Speaker 5>you think, oh, there's a street address, But if you

0:22:03.680 --> 0:22:05.760
<v Speaker 5>try to find them, you couldn't because there's no number

0:22:05.840 --> 0:22:08.000
<v Speaker 5>all right, Or if you try to if you wanted

0:22:08.000 --> 0:22:09.560
<v Speaker 5>to check them out on Google Maps, which is a

0:22:09.640 --> 0:22:12.600
<v Speaker 5>very good idea, you can't because you don't you just

0:22:12.640 --> 0:22:14.359
<v Speaker 5>have a street and an entire street to go on.

0:22:15.160 --> 0:22:17.320
<v Speaker 5>So it must be a full address. They can't just

0:22:17.359 --> 0:22:19.919
<v Speaker 5>have an email address or just a city, which so

0:22:20.160 --> 0:22:23.679
<v Speaker 5>often is the case. So you know, in many cases

0:22:23.680 --> 0:22:25.760
<v Speaker 5>we discussed this on the show. You go into the

0:22:25.800 --> 0:22:31.280
<v Speaker 5>website and they have an embedded email form contact that,

0:22:31.640 --> 0:22:36.920
<v Speaker 5>so there could be anyone anywhere. There is no contact ability, traceability.

0:22:37.000 --> 0:22:39.960
<v Speaker 5>So if you see that, I don't care how much

0:22:40.000 --> 0:22:44.840
<v Speaker 5>you want the product and how cheap it is, you.

0:22:43.520 --> 0:22:44.959
<v Speaker 2>All what a platform you're shopping.

0:22:45.280 --> 0:22:47.520
<v Speaker 3>If the third party vendor doesn't provide that kind of

0:22:47.600 --> 0:22:50.320
<v Speaker 3>information on their site, walk away from the deal because

0:22:50.320 --> 0:22:53.200
<v Speaker 3>it's not the deal you think it is. Okay, very

0:22:53.200 --> 0:22:55.800
<v Speaker 3>short break, and then we're back onto another aspect of

0:22:56.200 --> 0:22:58.560
<v Speaker 3>online shopping here, which is to do with your right

0:22:58.640 --> 0:23:02.560
<v Speaker 3>of return and particular questions around returning items that were

0:23:02.600 --> 0:23:05.840
<v Speaker 3>on sale or discounted on promotion. Me'lane will get to

0:23:05.880 --> 0:23:09.440
<v Speaker 3>your question. It's directly relevant to this part of the conversation.

0:23:09.800 --> 0:23:11.200
<v Speaker 3>After this short break.

0:23:11.280 --> 0:23:14.760
<v Speaker 1>Consumer Talk with Wendy Norler, you can join.

0:23:14.600 --> 0:23:19.359
<v Speaker 3>The conversation right Besides the issue of third party vendor problems, Wendy,

0:23:19.400 --> 0:23:22.520
<v Speaker 3>the Onbitz report flagged a second issue which comes up

0:23:22.600 --> 0:23:26.080
<v Speaker 3>quite often with regard to online sales, and that is

0:23:26.240 --> 0:23:30.200
<v Speaker 3>companies refusing to accept returns and refunds and issue refunds

0:23:30.200 --> 0:23:33.439
<v Speaker 3>on items which were sold on sale or promotion of

0:23:33.480 --> 0:23:37.000
<v Speaker 3>some kind. We encountered this poor old demand and her

0:23:37.040 --> 0:23:39.400
<v Speaker 3>hose pipe had the same issue because her hose pipe

0:23:39.400 --> 0:23:41.879
<v Speaker 3>had been bought on promotion, and at the time, that

0:23:41.960 --> 0:23:44.840
<v Speaker 3>was the first stumbling block she encountered, being told there's

0:23:44.880 --> 0:23:47.679
<v Speaker 3>no return on sale items, all those on promo. And

0:23:47.720 --> 0:23:50.520
<v Speaker 3>I know you've got another recent example to share with us,

0:23:50.520 --> 0:23:52.919
<v Speaker 3>but before we do that, here's one justin on the

0:23:52.920 --> 0:23:56.359
<v Speaker 3>WhatsApp line m'lane writing in to say, I recently placed

0:23:56.359 --> 0:23:59.119
<v Speaker 3>an online order with Boody. I love their underwear, so

0:23:59.160 --> 0:24:02.280
<v Speaker 3>I decided i've their clothing range, and on Earth Day,

0:24:02.320 --> 0:24:05.240
<v Speaker 3>they sent out an email stating that for one day only,

0:24:05.520 --> 0:24:08.320
<v Speaker 3>everything on the website would be twenty five percent less.

0:24:08.720 --> 0:24:09.479
<v Speaker 2>I jumped at it.

0:24:09.560 --> 0:24:12.639
<v Speaker 3>I ordered two tracksuits from their newly launched range along

0:24:12.640 --> 0:24:15.600
<v Speaker 3>with an underwear item, but when they arrived, the tracksuits

0:24:15.640 --> 0:24:17.840
<v Speaker 3>were not a good fit, so I logged a return.

0:24:18.400 --> 0:24:20.760
<v Speaker 3>I was then informed the items were not eligible for

0:24:20.880 --> 0:24:24.160
<v Speaker 3>return due to their being sale items. I was baffled

0:24:24.200 --> 0:24:26.639
<v Speaker 3>by this, as my opinion when placing my order was

0:24:26.680 --> 0:24:29.600
<v Speaker 3>that I would be allowed to return them if they

0:24:29.600 --> 0:24:32.560
<v Speaker 3>weren't suitable because it was an online purchase. My question

0:24:32.680 --> 0:24:35.880
<v Speaker 3>is twofold. Firstly, does using a promo code make an

0:24:35.920 --> 0:24:38.840
<v Speaker 3>item a sale item? It doesn't really seem to fit

0:24:38.880 --> 0:24:42.359
<v Speaker 3>the traditional understanding of a sale item, especially when ordering

0:24:42.400 --> 0:24:45.879
<v Speaker 3>a newly launched product. And Secondly, am I entitled to

0:24:45.880 --> 0:24:49.119
<v Speaker 3>a full refund based on the cooling off period regardless

0:24:49.160 --> 0:24:50.920
<v Speaker 3>of whether or not the item was on sale? I

0:24:50.920 --> 0:24:53.800
<v Speaker 3>would love to hear Wendy's thoughts. Wendy has lots of

0:24:53.840 --> 0:24:56.879
<v Speaker 3>thoughts on this one, Milaenium sideline. You raised it, Wendy

0:24:56.920 --> 0:24:58.920
<v Speaker 3>before we answer, maybe also, do you want to share

0:24:59.000 --> 0:25:01.600
<v Speaker 3>Kim's example, which was a similar sail the.

0:25:01.600 --> 0:25:06.920
<v Speaker 5>Case indeed, and just to say that this wasn't flagged

0:25:06.920 --> 0:25:09.679
<v Speaker 5>by the boot. This was separate issue that I am

0:25:09.760 --> 0:25:13.480
<v Speaker 5>seeing and and I'm so gratified that we got that call.

0:25:13.520 --> 0:25:14.960
<v Speaker 4>It's almost as if we put her up to it,

0:25:15.000 --> 0:25:19.240
<v Speaker 4>which we didn't. So Kim off Cape Town she.

0:25:20.200 --> 0:25:23.600
<v Speaker 5>Was about to buy something from Cape Town based retailer

0:25:23.680 --> 0:25:27.160
<v Speaker 5>Daka Parel when she spotted the no return of sale

0:25:27.200 --> 0:25:30.600
<v Speaker 5>item policy, and the reason she looked for it was

0:25:30.640 --> 0:25:36.320
<v Speaker 5>because the site had automatically applied a promotional discount okay

0:25:36.400 --> 0:25:39.359
<v Speaker 5>on her on what she'd put in her basket. And

0:25:39.680 --> 0:25:42.639
<v Speaker 5>so she queried that with the company and she copied me,

0:25:42.760 --> 0:25:45.240
<v Speaker 5>which I was grateful for. So I and she wrote,

0:25:45.320 --> 0:25:46.960
<v Speaker 5>I'm about to place an online order.

0:25:48.160 --> 0:25:48.800
<v Speaker 4>Just what I've said.

0:25:48.840 --> 0:25:52.800
<v Speaker 5>The TZNC state that I can't return anything that was

0:25:52.840 --> 0:25:55.520
<v Speaker 5>part of a sale or promotion. As I told Kim

0:25:55.560 --> 0:25:58.879
<v Speaker 5>and the retailer in the same email, that clause is

0:25:58.880 --> 0:26:00.159
<v Speaker 5>definitely not okay.

0:26:00.920 --> 0:26:02.919
<v Speaker 4>The law is clear on that if.

0:26:02.800 --> 0:26:07.200
<v Speaker 5>You buy something online, the Electronic Communications and Transaction Acts applies,

0:26:07.240 --> 0:26:09.560
<v Speaker 5>and that gives you seven days in which to return it,

0:26:09.920 --> 0:26:12.360
<v Speaker 5>whatever the reason. So you don't even have to give

0:26:12.400 --> 0:26:14.480
<v Speaker 5>them a reason. You just get to change your mind

0:26:14.840 --> 0:26:18.160
<v Speaker 5>and send it back for at your cost, unless the

0:26:18.200 --> 0:26:21.760
<v Speaker 5>company chooses to absorb that, which very few do. So

0:26:21.800 --> 0:26:23.439
<v Speaker 5>you've got a pay to send it back, which is,

0:26:23.480 --> 0:26:25.560
<v Speaker 5>if it's something heavy, you might want to consider that

0:26:25.600 --> 0:26:27.719
<v Speaker 5>because it might be a barrier to you to your

0:26:27.800 --> 0:26:30.560
<v Speaker 5>right to return. And that's because you haven't had the

0:26:30.560 --> 0:26:32.720
<v Speaker 5>opportunity to engage with the product as you would in

0:26:32.720 --> 0:26:35.680
<v Speaker 5>the store, to try it on, specifically in these to feel.

0:26:35.440 --> 0:26:38.159
<v Speaker 3>The fabric, to see if the shade of red is

0:26:38.280 --> 0:26:40.400
<v Speaker 3>actually as it appears on the screen, that sort of thing.

0:26:40.520 --> 0:26:48.040
<v Speaker 5>Okay, exactly, So there is no exclusion on sale items

0:26:48.119 --> 0:26:52.840
<v Speaker 5>because if they were think about it, Papa, all ever

0:26:52.840 --> 0:26:56.800
<v Speaker 5>retail online retailer would have to do to rob their

0:26:56.840 --> 0:27:00.000
<v Speaker 5>customers of the right to return within that cooling off

0:27:00.080 --> 0:27:02.760
<v Speaker 5>period and get their money back with me to say

0:27:02.800 --> 0:27:06.040
<v Speaker 5>that everything is on item, either through a line saying

0:27:06.720 --> 0:27:09.520
<v Speaker 5>you know it was seven ninety nine now five ninety nine,

0:27:09.680 --> 0:27:14.480
<v Speaker 5>or to automatically a pro promotional discount, which you think

0:27:14.600 --> 0:27:17.040
<v Speaker 5>is so lovely, or a first time by a discount,

0:27:17.040 --> 0:27:23.440
<v Speaker 5>which is very common, common and so doing saying exactly

0:27:23.440 --> 0:27:26.280
<v Speaker 5>what happened to our listener? Oh sorry, they don't fit well,

0:27:26.320 --> 0:27:29.360
<v Speaker 5>you got them on promotion, so that is illegal. And

0:27:29.440 --> 0:27:33.280
<v Speaker 5>I pointed that out to Duck Apparel, as I said,

0:27:33.600 --> 0:27:39.359
<v Speaker 5>and gratifyingly, they got back to me very quickly to

0:27:39.440 --> 0:27:44.640
<v Speaker 5>say we've revised our terms and conditions. They now read

0:27:44.840 --> 0:27:48.760
<v Speaker 5>refunds and exchanges. Sorry, they used to read refund and

0:27:48.840 --> 0:27:52.240
<v Speaker 5>exchange are not available for sale items brought on promotional

0:27:52.240 --> 0:27:56.600
<v Speaker 5>Black Friday, And now they say customers are entitled to

0:27:56.640 --> 0:27:59.840
<v Speaker 5>return any item, including sale and promotional items within seven

0:28:00.280 --> 0:28:03.960
<v Speaker 5>receiving their order, providing it in a resealable condition, which

0:28:04.000 --> 0:28:07.280
<v Speaker 5>is absolutely fine because they mustn't lose the sale. They

0:28:07.320 --> 0:28:10.280
<v Speaker 5>must be in a position to resell it onto someone else.

0:28:10.840 --> 0:28:13.600
<v Speaker 5>So that was very gratifying. But I know, and we've

0:28:13.640 --> 0:28:16.520
<v Speaker 5>just our listeners just underlined it that it is very

0:28:16.520 --> 0:28:19.159
<v Speaker 5>common this and you must call it out when you

0:28:19.200 --> 0:28:19.480
<v Speaker 5>see it.

0:28:19.520 --> 0:28:21.359
<v Speaker 4>If they won't change it, report it to us.

0:28:21.480 --> 0:28:26.680
<v Speaker 5>Let's let's get this stopped, because that is a fundamental

0:28:26.760 --> 0:28:29.119
<v Speaker 5>right of buying online because you can't try it on,

0:28:29.240 --> 0:28:33.480
<v Speaker 5>you can't touch your experience the product at all. Excuse me,

0:28:34.160 --> 0:28:36.199
<v Speaker 5>And if they're going to I was.

0:28:36.200 --> 0:28:37.560
<v Speaker 3>Just going to jump in and say, you have a

0:28:37.560 --> 0:28:39.440
<v Speaker 3>cough in the background there, Wendy. Well, I'll just just

0:28:39.520 --> 0:28:42.600
<v Speaker 3>flagged this. So this is for online purchases only. The

0:28:42.640 --> 0:28:45.880
<v Speaker 3>seven day cooling off period does not apply to items

0:28:45.880 --> 0:28:48.400
<v Speaker 3>you have bought in a physical store, because there you

0:28:48.480 --> 0:28:51.200
<v Speaker 3>did have the opportunity to try on the pants, to

0:28:51.280 --> 0:28:53.360
<v Speaker 3>check that you like the fabric, to see the color,

0:28:53.400 --> 0:28:57.240
<v Speaker 3>et cetera. This right only applies in terms of electronic

0:28:57.280 --> 0:29:00.480
<v Speaker 3>purchases made on a website, So if you bought an

0:29:00.480 --> 0:29:03.640
<v Speaker 3>item online for any reason, if you don't want to

0:29:03.720 --> 0:29:06.360
<v Speaker 3>keep it, you are allowed to return it within seven

0:29:06.480 --> 0:29:09.640
<v Speaker 3>days as long as you log that return within seven days.

0:29:10.160 --> 0:29:12.600
<v Speaker 3>And again you might be asked to pay towards the

0:29:12.640 --> 0:29:14.560
<v Speaker 3>cost of returning the item, but you do have the

0:29:14.640 --> 0:29:18.160
<v Speaker 3>right to return it for a full refund. Where people

0:29:18.160 --> 0:29:20.720
<v Speaker 3>get confused is there is an overlapping right here, because

0:29:20.760 --> 0:29:23.160
<v Speaker 3>this overlaps with the issue of the right of return

0:29:23.600 --> 0:29:27.280
<v Speaker 3>if an item is defective defective, and that one applies

0:29:27.560 --> 0:29:30.240
<v Speaker 3>to anything no matter where you bought it online or

0:29:30.240 --> 0:29:32.680
<v Speaker 3>in a store. If the thing you bought had a

0:29:32.680 --> 0:29:34.800
<v Speaker 3>problem and was not functioning in the way it was

0:29:34.840 --> 0:29:37.480
<v Speaker 3>meant to, there too you have a right of return.

0:29:37.520 --> 0:29:40.120
<v Speaker 3>But it's a different story, right yes.

0:29:40.040 --> 0:29:43.720
<v Speaker 5>So what is happening and these cases, obviously going to

0:29:44.920 --> 0:29:48.360
<v Speaker 5>the onbost office, is there something is arrived damage or

0:29:48.360 --> 0:29:51.840
<v Speaker 5>developed a defect within six months and when the consumer

0:29:52.040 --> 0:29:54.400
<v Speaker 5>complains to the online retailer, they say, well, you're out

0:29:54.400 --> 0:29:56.240
<v Speaker 5>of your cooling or fery. That was only a week

0:29:56.360 --> 0:29:59.240
<v Speaker 5>or sometimes many of them make it actually thirty days,

0:29:59.600 --> 0:30:02.840
<v Speaker 5>whereas only legally enough to make it a week. But

0:30:03.680 --> 0:30:05.360
<v Speaker 5>of course, as the on but pointed out, and there

0:30:05.360 --> 0:30:08.959
<v Speaker 5>was a case study in the report, the consumer protection

0:30:09.080 --> 0:30:13.760
<v Speaker 5>legislation that gives the consumer the most protection would override it.

0:30:13.800 --> 0:30:17.840
<v Speaker 5>So while the Electronic and Communications Transactions of the Communications

0:30:17.880 --> 0:30:20.959
<v Speaker 5>Act only talks about the cooling off period for changing

0:30:20.960 --> 0:30:23.680
<v Speaker 5>your mind, you know the goods that are perfectly non defective,

0:30:23.760 --> 0:30:26.240
<v Speaker 5>but you just don't want them anymore, it doesn't go

0:30:26.280 --> 0:30:29.760
<v Speaker 5>on to talk about six months. You know, you have

0:30:29.800 --> 0:30:32.040
<v Speaker 5>a right to return within six months if it's effective,

0:30:32.240 --> 0:30:36.120
<v Speaker 5>But the CPA definitely applies here. So as you say,

0:30:36.160 --> 0:30:38.840
<v Speaker 5>wherever you bought the product, whether it was online or

0:30:39.120 --> 0:30:41.200
<v Speaker 5>in a physical store, if something goes wrong with it

0:30:41.240 --> 0:30:43.600
<v Speaker 5>within six months, you have the right to return it,

0:30:44.520 --> 0:30:48.280
<v Speaker 5>the difference being if it's online at your cost, and

0:30:48.800 --> 0:30:52.160
<v Speaker 5>you then also have the right to choose the remedy refund, replacement,

0:30:52.560 --> 0:30:55.320
<v Speaker 5>or repair. And thank you for flagging that the cooling

0:30:55.360 --> 0:30:57.960
<v Speaker 5>off period only applies to online sales, because I get

0:30:58.000 --> 0:31:01.440
<v Speaker 5>so many emails from people who to me, they bought something,

0:31:01.480 --> 0:31:03.640
<v Speaker 5>the genes didn't fit, the sun, didn't like the shoes

0:31:03.720 --> 0:31:07.840
<v Speaker 5>or whatever. They took them back and they were told sorry,

0:31:07.880 --> 0:31:10.160
<v Speaker 5>we don't or they're on sale. And if you buy

0:31:10.200 --> 0:31:12.120
<v Speaker 5>something in a physical store and there's nothing wrong with that,

0:31:12.480 --> 0:31:14.160
<v Speaker 5>they do ever right to say, well, you brought it

0:31:14.160 --> 0:31:15.920
<v Speaker 5>on sale, we're not taking it back. They don't know

0:31:15.920 --> 0:31:18.440
<v Speaker 5>if you take back any purchase on sale or otherwise,

0:31:19.000 --> 0:31:21.520
<v Speaker 5>that's not defective if you brought it in a physical store.

0:31:21.920 --> 0:31:23.560
<v Speaker 5>And then I get people saying to you, but please

0:31:23.600 --> 0:31:26.479
<v Speaker 5>tell them they won't honor my cooling off period. Cooling

0:31:26.520 --> 0:31:29.040
<v Speaker 5>off periods don't apply across the board. They apply when

0:31:29.080 --> 0:31:30.360
<v Speaker 5>you buy something online.

0:31:30.680 --> 0:31:35.400
<v Speaker 3>That's it, and only online. Thank you well. Melanster sent

0:31:35.440 --> 0:31:37.800
<v Speaker 3>an update saying initially they were adamant that I was

0:31:37.840 --> 0:31:38.800
<v Speaker 3>not entitled.

0:31:38.440 --> 0:31:40.320
<v Speaker 2>To a refund. This is the booty story, she said.

0:31:40.320 --> 0:31:42.680
<v Speaker 3>After lots of back and forth and me standing firm,

0:31:43.080 --> 0:31:46.040
<v Speaker 3>I was eventually refunded. The sad thing is that left

0:31:46.080 --> 0:31:48.120
<v Speaker 3>me quite annoyed, wasted a lot of my time, and

0:31:48.160 --> 0:31:50.840
<v Speaker 3>hence I won't support them again. Well, I mean that's

0:31:50.880 --> 0:31:53.840
<v Speaker 3>the impact the brand, absolutely, Milan, And who would why

0:31:53.840 --> 0:31:56.120
<v Speaker 3>would you buy again from somebody you've had that experience with?

0:31:56.480 --> 0:31:58.960
<v Speaker 3>And well done you for knowing your rights and standing

0:31:59.000 --> 0:32:03.200
<v Speaker 3>your ground on this one. Yeah okay, Well, so Amy's

0:32:03.200 --> 0:32:06.560
<v Speaker 3>writing and saying her text House Online always refused returns

0:32:06.560 --> 0:32:09.520
<v Speaker 3>of anything brought on their sale that's from Amy in

0:32:09.560 --> 0:32:11.000
<v Speaker 3>front of well. Amy, you need to go back to

0:32:11.040 --> 0:32:12.720
<v Speaker 3>them and point out to them that's illegal.

0:32:12.760 --> 0:32:16.120
<v Speaker 5>Do you want to respond, Wendy, Yes, that is very

0:32:16.160 --> 0:32:20.239
<v Speaker 5>distressing for me to hear, because during COVID people were

0:32:20.280 --> 0:32:23.120
<v Speaker 5>started starting to embrace online a huge way.

0:32:23.760 --> 0:32:25.720
<v Speaker 4>Her text had a sale.

0:32:25.520 --> 0:32:28.600
<v Speaker 5>Online, their first online sale, and somebody bought a rug

0:32:28.600 --> 0:32:30.960
<v Speaker 5>I remember distinctly, and the color didn't look the same

0:32:31.440 --> 0:32:33.760
<v Speaker 5>in real life as it did on the website listing.

0:32:34.200 --> 0:32:36.080
<v Speaker 5>And they've told her you brought it on our sale,

0:32:36.160 --> 0:32:38.560
<v Speaker 5>so there's no right of return. And I took them

0:32:38.640 --> 0:32:40.000
<v Speaker 5>up on that and they told me they were going

0:32:40.040 --> 0:32:40.960
<v Speaker 5>to mean their policy.

0:32:40.960 --> 0:32:44.200
<v Speaker 4>Oh sorry, we didn't know. Oh okay, I need to

0:32:44.240 --> 0:32:44.640
<v Speaker 4>tackle them.

0:32:45.040 --> 0:32:45.480
<v Speaker 2>Amy.

0:32:45.600 --> 0:32:47.560
<v Speaker 3>Please, if you would like, if you've got a recent

0:32:47.600 --> 0:32:50.160
<v Speaker 3>case study, send us an email because that's unconscionable and

0:32:50.200 --> 0:32:52.600
<v Speaker 3>it's been put you know, once you can say maybe

0:32:52.600 --> 0:32:55.160
<v Speaker 3>they didn't know, but they do know, and Wendy knows

0:32:55.200 --> 0:32:56.880
<v Speaker 3>that they know because she pointed it out to them

0:32:57.040 --> 0:32:59.640
<v Speaker 3>several years ago. So if they're still doing a pro

0:32:59.720 --> 0:33:02.600
<v Speaker 3>putting that into practice, it's very very serious. Indeed, please

0:33:02.640 --> 0:33:05.280
<v Speaker 3>do send us a follow up email to Pippah at

0:33:05.320 --> 0:33:08.440
<v Speaker 3>CapeTalk dot co dot sed We have to leave it there, Wendy,

0:33:08.480 --> 0:33:11.200
<v Speaker 3>the time has flown. Thank you as always for being

0:33:11.240 --> 0:33:12.760
<v Speaker 3>with us, and enjoy the rest of your time in

0:33:12.840 --> 0:33:15.080
<v Speaker 3>Joe Boog and we'll chat again soon.

0:33:15.960 --> 0:33:17.440
<v Speaker 4>Thanks prefer Wendy Nyak.

0:33:17.600 --> 0:33:19.480
<v Speaker 3>Just a reminder, if you want to flag a case

0:33:19.560 --> 0:33:21.280
<v Speaker 3>with Wendy, the best thing to do is go onto

0:33:21.320 --> 0:33:25.000
<v Speaker 3>her website Wendynola dot co dot sede and fill out

0:33:25.040 --> 0:33:27.760
<v Speaker 3>the contact form there because it prompts you for all

0:33:27.800 --> 0:33:30.719
<v Speaker 3>of the kind of details that Wendy needs to successfully

0:33:30.800 --> 0:33:33.040
<v Speaker 3>chase your case. Thanks so much, Wendy Noler