44
No. 23708
Act No. 25,2002
fees
GOVERNMENT GAZETIT, 2 AUGUST 2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT, 2001
( h ) a sufficient description of the main characteristics of the goods or services
offered by that supplier to enable a consumer to make an informed decisionon
the proposed electronic transaction;
(i) the full price o f the goods or services, including transport costs, taxes and any
other
or costs;
( j ) themanner of payment;
( k ) any terms of agreement,including any guarantees, that will apply to the
transaction and how thoseterms may be accessed,storedand reproduced
electronically by consumers;
( I ) the time within which thegoods will be dispatched or delivered or within
which the services will be rendered;
( n z ) the manner and period within which consumers can access and maintain a full
record of the transaction;
( n ) the return, exchange and refund policy of that supplier;
( o ) any alternative dispute resolution code to which that supplier subscribes and
how the wording of that code may be accessed electronically by the consumer;
( p ) the security procedures and privacy policy of that supplier in respect of
payment, payment information and personal information;
( 9 ) lvhere appropriate, the minimumduration of' the agreement in thecase of
agreementsfor the supply of products or services to beperformed on an
ongoing basis or recurrently; and
( r ) the rights of consumers in terms of section 44, where applicable.
(2) The supplier must provide a consumer with an opportunit)l( a ) to review the entire electronic transaction;
(hi to correct
andany mistakes;
( c ) to withdraw from the transaction, before finally placing any order.
(3) If a supplier fails to comply with the provisions of subsection (1) or (2), the
consumer may cancel the transaction within 14 days of receiving the goods orservices
under the transaction.
(4) transaction
If a
is cancelled in terms of subsection (3)(a) the consumer must return theperformance
of the supplier or, where
applicable, cease using the services performed; and
( b ) the supplier must refund all payments made by the consumer minus the direct
cost of returning the goods.
( 5 ) Thesupplier must utilise a paymentsystem that is sufficientlysecure with
reference to accepted technological standards atthe time of the transaction and the type
of transaction concerned.
(6) The supplier is liable for any damage suffered by a consumer due to a failure by
the supplier to comply with subsection ( 5 ) .
20
Cooling-off period
40
5
10
15
25
30
35
44. ( 1 ) Aconsumer is entitled to cancel without reason and without penalty any
transaction and any related credit agreement for the supply(a) of goods within seven days after the date of the receipt of the goods; or
ID) of services within seven days after the date of the conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of returning 45
the goods.
(3) If payment for the goods or services has been effected prior to aconsumer
exercising a right referred to in subsection (1). the consumer is entitled to a full refund
of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of aconsumer 50
provided for in any other law.
Unsolicited goods, services or communications
45. ( 1 ) Any person who sends unsolicited commercial communications to consumers,
must provide the consumer-