Walk away when free product is offered

Strolling through a shopping centre last week, there he was; a man wearing black and a come-hither smile, holding out a sachet and inviting me to try a cosmetic product, free.

Nothing new – South Africans are used to such intrusions as we shop, or navigate airports. Only this invitation was delivered in German; in a Frankfurt shopping centre. Same brand – Obey Your Body – identical modus operandi.

This is the most direct form of direct marketing; a form of selling that’s one-on-one, with the seller initiating contact, rather than the consumer.

It puts the consumer on the back foot, as the sales patter – whether delivered in person or over the phone – is carefully crafted to seduce the consumer into parting with their money, or agreeing to a contract.

Knowing that many consumers are prone to buckle under the pressure of the hard sell, only to bitterly regret it soon afterwards, the Consumer Protection Act gives us an “out” – a cooling-off period of five business days in which to cancel, in writing, for a full refund.

It’s the only time we get to return something for a refund if there’s nothing wrong with it.

But exercising that right is a challenge, if the many complaints I’ve received from “buyer’s remorse” customers is any indication.

Just keep walking, would be my advice.

Take Jeanette Black’s experience. On September 25 she was walking past the Mica Beauty store in East Rand Mall when, as she puts it, “a lady at the front of the shop stopped me and asked “Are you from Boksburg?”

“I said ‘yes, why?’ And she said ‘Because you look so friendly. People around here is (sic) not so friendly. Would you like a free facial voucher?’’

Black said yes, and in she went, where she was told to sit, as the sales consultant applied a product to one side of her face.

She says she was asked how much she spent on cosmetics a month. R600, she replied, at which she was told their products were less – R535, but she had to pay by credit card.

She handed her card over, thinking she was paying R535. Turns out what the consultant meant was she’d be paying R535 a month for two years, because the actual cost of the products was R12840.

Of course, even that was misleading, because the massive interest was conveniently not factored into that equation.

“Idiot that I am, I typed in my PIN, thinking the bank would reject the transaction, but it went through.”

Black immediately tried to cancel the deal with her bank, but was told she had to take it up with the merchant.

So she returned to the shop with the unopened products asking for a cancellation and refund, but was directed to the “non return policy” stated on her invoice, which she was only given after the deal was done, of course.

In the company’s email correspondence with Black, she was told that all they were willing to do for her was exchange the products.

So I emailed the company, pointing out the provisions of the CPA, and that Black had cancelled in writing, within the five business days, and as such, she had a legal right to be refunded that R12840 in full.

I’ve had no response, despite several repeat emails.

Black did hear from customer service manager “Jean-Michael”, offering to allow her to keep the products and refund her 50% of her R12840.

She responded, as did I, by repeating that she wanted a full refund, as is her legal right, and neither of us has heard from the company since.

Mica Beauty’s (formerly Micabella) SA website claims the company is “an international leader in the world of cosmetics” with 200 kiosks and retail locations in more than 15 countries”.

CONTACT: E-mail wendy@knowler.co.za.

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