2 5 6 [ N o . 21 o f 2 0 0 9
Electronic
and
Communications
Transactions
(3) If payment for the goods or services has been effected
prior to a consumer exercising the right referred to in subsection
(1), the supplier shall give the consumer a full refund of the payment,
which refund shall be made within thirty days of the date of
cancellation.
(4) This section shall not be construed as prejudicing the rights
of a consumer provided for in any other law.
Performance
3 7 . (1) A supplier shall execute an order within thirty days
from the date on which the supplier received the order, unless the
parties have agreed otherwise.
(2) Where a supplier has failed to execute an order within
thirty days or within the agreed period, the consumer may cancel
the agreement upon giving seven d a y s ' written notice.
(3) Where a supplier is unable to perform under the agreement
on the grounds that the goods or services ordered are unavailable,
the supplier shall immediately notify the consumer of this fact and
refund any payments forthwith.
Applicability
of foreign
law
3 8 . The protection provided to consumers in this Part applies
irrespective of the legal system applicable to the agreement in
question.
Nonexclusion
3 9 . Any provision in an agreement which excludes any rights
provided for in this Part is null and void.
Complaints
to Authority
4 0 . A consumer may lodge a complaint with the Authority in
respect of any non-compliance with the provisions of this Part by a
supplier.
PART V I I
PROTECTION OF PERSONAL INFORMATION
Scope of
protection of
personal
information
4 1 . (1)
This Part only applies to personal information that
has been obtained through electronic transactions.
(2) A data controller shall subscribe to the principles outlined
in section forty-two by recording such fact in any agreement with
a data subject.
(3) A data controller shall subscribe to all the principles outlined
in section forty-eight
and not merely to parts thereof.
(4) The rights and obligations of the parties in respect of the
breach of the principles outlined in section forty-eight
shall be
governed by the terms of any agreement between them.