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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter VII : Consumer Protection

42. Scope of application

 

(1) This Chapter applies only to electronic transactions.

 

(2) Section 44 does not apply to an electronic transaction—
(a) for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
(b) by way of 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 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 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, 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 Chapter does not apply to a regulatory authority established in terms of a law if that law prescribes consumer protection provisions in respect of electronic transactions.