42
GOVERNMENT GAZEITE,
AUGUST 2
No. 23708
Act No. 25,2002
2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
(b) themanner
in whichthe Accreditation Authority mustadminister
and
supervise compliance with those obligations;
(c) theprocedurepertaining
to thegranting,suspensionandrevocation
of
accreditation;
(d) fees to be paid;
( e ) information security requirements or guidelines; and
cf) any other relevant matter which it is necessary or expedient to prescribe for
the proper implementation of this Chapter.
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CHAPTER VI1
CONSUMER PROTECTION
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Scope of application
42. (1) This Chapter applies only to electronic transactions.
( 2 ) Section 44 does not apply to an electronic transaction( a ) forfinancialservices,including
but not limited to, investmentservices,
insurance and reinsuranceoperations,bankingservices
and operations
relating to dealings in securities;
( b ) bywayof an auction;
( c ) for the supply of foodstuffs, beverages or other goods intended for everyday
consumption supplied to the home, residence or workplace of the consumer;
(d) for services which began with the consumer’s consent before the end of the
seven-day period referred to in section 44( 1);
( e ) where theprice
for the supply of goods or services isdependenton
fluctuations in the financial markets and which cannot be controlled by the
supplier;
(f
where the goods(i) are made to the consumer’s specifications;
(ii)are clearly personalised;
(iii) by reason of their nature cannot be returned; or
(iv) are likely to deteriorate or expire rapidly;
(g) where audio or video recordings or computer software were unsealed by the
consumer;
( h ) for the sale of newspapers, periodicals, magazines and books;
(i) for the provision of gaming and lottery services; or
(j) for the provision of accommodation, transport, cateringor leisure services and
where the supplier undertakes, when the transaction is concluded, to provide
these services on a specific date or within a specific period.
(3) This Chapter does not apply to a regulatory authority established in terms of a law
if that law prescribesconsumer
protection provisions in respect of electronic
transactions.
Information to be provided
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43. (1) A supplier offering goods or services for sale, for hire or for exchange by way
of an electronic transaction must make the followinginformation available to consumers
on the web site where such goods or services are offered:
(a) Its full name and legal status;
(6) its physical address and45number;
telephone
(c) its web site address and e-mail address;
(dl membership of any self-regulatory or accreditation bodies to which that
supplier belongs or subscribes and the contact details of that body;
( e ) any code of conduct to which that supplier subscribes and how that code of
conduct may be accessed electronically by the consumer;
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If) in the case of a legal person, its registration number, the names of its office
bearers and its place of registration;
(g) the physicaladdresswhere
that supplier will receivelegalservice
of
documents;