Electronic
Communications
and Transactions
\ IN o. 21 o f 2 0 0 9
PART VI
CONSUMER PROTECTION
34. (1) This Part applies only to electronic transactions.
(2)
S e c t i o n thirty-six
transaction—
d o e s n o t a p p l y to an e l e c t r o n i c
(a) for financial services, including but not limited to, investment
services, insurance and re-insurance operations, banking
services and operations relating to dealings in securities;
(b) by w a y of an auction;
(c) for the supply o f 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 c o n s u m e r ' s consent
before the end of the seven-day period referred to in
subsection (1) of section thirty-six:
(e) w h e r e the price for the supply of goods or services is
dependent on fluctuations in the financial markets and
which cannot be controlled by the supplier;
(f) where the g o o d s —
(i) are made to the c o n s u m e r ' 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, catering or
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 Part does not apply to a regulatory authority established
under any other law if that law prescribes consumer protection
provisions in respect of electronic transactions.
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