Terms and Conditions


The announcement by National Treasury that VAT will increase to 15% as from the 1st April 2018 has left many retailers with a headache of how they will implement the increase, comply with the requirements of the Consumer Protection Act and avoid the losses that might occur as a result of consumers demanding to pay lower prices if the prices displayed or on tags are not adjusted in time.

The announcement was made on the 21st February 2018, giving retailers just under 6 weeks to apply the adjustment to millions of items as well as change the relevant software applications. The CGSO has received an enquiry regarding this dilemma where retailers will not be ready by the 1st April to have changed all the labels on the items they sell to reflect the pricing with the 15% VAT.

In view of the above, our office wishes to remind our participants of the requirements of the CPA on price displaying and offer some guidance on how the transition can be handled.

The display of prices is regulated by section 23 of the CPA. The section provides that

1) Retailers of goods or services are prohibited from displaying any goods for sale without displaying a price in relation to those goods. The exception is where:

i. the supplier has given the consumer an estimate and the consumer has waived his or her right to such an estimate;

ii. Section 43 of the Electronic Communications and Transactions Act applies; OR

iii. The goods are displayed predominantly as a form of advertisement or in an area that the public does not ordinarily have access to.

2) A price shall be deemed to be adequately displayed if:

i. It is annexed or affixed to the goods, or written, printed, stamped or otherwise applied to the goods or near the goods; or

ii. It is published in a current catalogue, brochure, a circular or similar form of publication that is available to the consumer or to the public.

Consumers have the right to pay the displayed price or the lower price if two prices are displayed. To avoid losses and disputes retailers must display the correct prices at all times. The provisions of section 23(7) and 23(10) of the CPA provide for exceptions and the steps that a retailer is required to take in case of errors:

23(6) Subject to subsections (7) to (10), a supplier must not require a consumer to pay a price for any goods or services—

(a) higher than the displayed price for those goods or services; or

(b) if more than one price is concurrently displayed, higher than the lower or lowest of the prices so displayed.

23(7) Subsection (6) does not apply in respect of the price of any goods or services if the price of those goods or services is determined by or in terms of any public regulation. 

(8) If a price that was once displayed has been fully covered and obscured by a second displayed price, that second price must be regarded as the displayed price.

(9) If a price as displayed contains an inadvertent and obvious error, the supplier is not bound by it after—

(a) correcting the error in the displayed price, and

(b) taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.

(10) A supplier is not bound by a price displayed in relationship to any goods or services if an unauthorized person has altered, defaced, covered, removed or obscured the price displayed or authorized by the supplier.

It is clear that the announcement of the VAT increase, as well as its effective date, caught many unawares and many will not have sufficient time to change the pricing on thousands of items and price tags within their shops. Some retailers have already sent a communication to consumers that statements will be late where the transactions relate to contracts.

While the price increase is due to public regulation, it is still good business practice for retailers to ensure that the correct prices are displayed. In view of the above the CGSO wishes to offer the following suggestions to our participants and other retailers:

1) Consumers must be informed through various platforms and channels that the new 15% VAT charge will apply as from the 1st April 2018;

2) Where there will be delays in issuing statements due to software adjustments this must be communicated to consumers as well;

3) In cases where prices displayed on tags or other platforms will still be reflecting the 14% VAT charge by the 1st of April 2018, it would be reasonable for retailers to display prominently and in strategic arrears, including at till points that all prices in the shops, irrespective of the prices displayed on the tag, are subject to the new 15% VAT rate.

4) The correction to the price on the tag could also be done manually at the till to comply with section 23(6) which requires the physical correction of the price as well as communicating to the consumer the corrected price;

5) Staff members must be trained to assist consumers to determine the correct price and confirm the acceptance of the new price before processing and concluding the sale;

6) Consumers must be advised of the channels through which they can lodge disputes regarding price displays.

How to Redeem your Feelgood Voucher:
  1. Swipe your card
  2. Prompt screen appears savings/credit card
  3. Choose credit card
  4. Prompt screen appears with card number & 4 missing digits
  5. Fill in the missing digits as per card issued
  6. Press purchase or enter
  7. This transaction will be successful
How to Surprise your Staff with Feelgood Vouchers:
  1. Vouchers are available at Milky Lane
  2. Value of vouchers range from R50 – R1000 (No Vat on voucher cards).
  3. Vouchers come in credit card form & can be redeemed at any store.
  4. E-mail: paula.acton@famousbrands.co.za with full information of your gift cards requirements.
  5. Attach your FICA documents (from SARS) with your company details & VAT no. & e-mail them to e-mail address above.
  6. We will send you an invoice as per your request (our banking details will be on the invoice).
  7. We will wait 7 days for the payment to clear after you e-mail your proof of payment and will then load the vouchers
  8. We can courier the vouchers to your delivery address or you can collect them.
  1. Acceptance of our Terms  By visiting the website www.milkylane.co.za, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.milkylane.co.za, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of www.milkylane.co.za. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and www.milkylane.co.za and that your use of www.milkylane.co.za shall indicate your conclusive acceptance of this agreement.

  2. Provision of Services  You agree and acknowledge that www.milkylane.co.za is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that www.milkylane.co.za is entitled to provide services to you through subsidiaries or affiliated entities.

  3. Proprietary Rights You acknowledge and agree that www.milkylane.co.za may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. www.milkylane.co.za authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

  4. Submitted Content When you submit content to www.milkylane.co.za you simultaneously grant www.milkylane.co.za an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to www.milkylane.co.za.

  5. Termination of Agreement The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

  6. Disclaimer of Warranties You understand and agree that your use of www.milkylane.co.za is entirely at your own risk and that our services are provided "As Is" and "As Available". www.milkylane.co.za does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.milkylane.co.za website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

  7. Limitation of Liability  You understand and agree that www.milkylane.co.za and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not www.milkylane.co.za has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of www.milkylane.co.za is limited to the greatest extent permitted by law.

  8. External Content  www.milkylane.co.za may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.milkylane.co.za is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

  9. Jurisdiction You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by www.milkylane.co.za to resolve any legal matter arising from this agreement or related to your use of www.milkylane.co.za. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

  10. Entire Agreement  You understand and agree that the above Terms constitute the entire general agreement between you and www.milkylane.co.za. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

  11. Changes to the Terms www.milkylane.co.za reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of www.milkylane.co.za after any changes to Terms will signify your agreement to be bound by them.

  12. NICECREAM Cake Catalogue Volumes are approximate at the time of serving. Every care is taken to ensure products are represented accurately but there may be some variances in colour as a result of the printing process. Our products contain allergens. Please note that not all Milky Lane outlets sell NiceCream cakes; please ensure you check with your outlet first. Please note that the rice paper image doesn’t fill the 10 and 12 inch cake options from border to border. Prices exclude all additional toppings which will be charged for separately.