National Environmental Management Act, 1998 (107 of 1998)
R 385
Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter VII : Consumer Protection43. Information to be provided |
| (1) | A supplier offering goods or services for sale, for hire or for exchange by way of an electronic transaction must make the following information available to consumers on the web site where such goods or services are offered – |
| (a) | Its full name and legal status; |
| (b) | its physical address and telephone number; |
| (c) | its web site address and e-mail address; |
| (d) | 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; |
| (f) | in the case of a legal person, its registration number, the names of its office bearers and its place of registration; |
| (g) | the physical address where that supplier will receive legal service of documents; |
| (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 decision on the proposed electronic transaction; |
| (i) | the full price of the goods or services, including transport costs, taxes and any other fees or costs; |
| (j) | the manner of payment; |
| (k) | any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers; |
| (l) | the time within which the goods will be dispatched or delivered or within which the services will be rendered; |
| (m) | 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; |
| (q) | where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed 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 opportunity— |
| (a) | to review the entire electronic transaction; |
| (b) | to correct any mistakes; and |
| (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 or services under the transaction. |
| (4) | If a transaction is cancelled in terms of subsection (3)— |
| (a) | the consumer must return the performance 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) | The supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the 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). |
