My complaint relates to takealot (South Africa).
An/my order [Order #[protected]] placed and paid for on 21 Dec 202
In return takealot had taken my money and I had then paid for the item
VAT was charged
In turn TakeaLot had submitted to deliver the item in a few days
The items ordered were Vitagen (dog food) & Chivas (whiskey).
When I checked the order detail on the TakeaLot website, on the 27th and the 28th, both the items were to be delivered on the 28th. Note that on the 28th at midnight alchol could by law no longer be sold.
When the gentleman arrived with my delivery on the 28 Dec-2020 only one item was provided, which was the Vitagen (dog food).
He, to his credit, noted that only the one item was in transit, yet the website had shown both items deliverable and the company had undertaken to fullfull this obligation, he said he will follow-up.
I did not to cancel or for a purchase-re-credit but wanted a refund.
No communication to this effect was forthcoming neither was any mention was VAT or interest relayed.
My funds were deducted on the 21st of December and interest should be paid at the mora rate notwithstanding (with refund) that my partial so-called free delivery was nullified is also tantamount to neglegence, as TakeaLot did not communicate or fulfill their obligation, where-as my funds were taken and had I not had the wit to raise this topic, I would have been peanalised
with no compensation for the haphasard inconvenience.
In terms of the "Advertisement Code of Practice", I quote:
Section II, Clause 4.3.2 reads: "The advertiser should be ready to substantiate any claim he makes as to the value in cash terms of goods offered by him at a lower price or free; and any saving to the consumer claimed to result from the offer of goods at a price lower than their actual value"
I undertook to this submission.
Furthermore, I draw you attention to the Consumer Protection Act, Sub-Section 2.2.4
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA"). serves as an acknowledgement, by the user, of a fact.
Additionally, note Addendum 5, sub-section 5.1 of the above-stated Act notes:
Conclusion of sales and availability of stock
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Takealot, Takealot will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Takealot will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
No communication, I did not ask for a re-credit and the order was automatically cancelled. No refund
Noteably, funds were deducted on the above-stated date.
By undertaking this accession, accepting a possible price change, I had taken ownership bu purchasing the product.
The fact that TakeaLot created a false expectation, deducted by fund and did not communicate warrents compensation.
I feel a fair variable compensation, considering lockdown, would be a free bottle of Chivas (which is not contrevene any legislative Act, as the Act relates to sale of alchol and is also not limioted to purchase abroad) would be just compensation.
Or a voucher of similar value with free delivery.
Looking forward, in earnest, to your response.
Regards, Say well.
Zee - [protected]
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