Electronic Transactions Act, 2011
A. AGREEMENT OF SALE
Should a supplier providing goods or services through electronic transactions provide for agreements to be executed between the supplier and buyer?
All suppliers providing goods or services through electronic transactions should provide for agreements with details of the terms and conditions that will apply to the transaction.
- Can I access the terms and conditions and in what form should they be?
Yes, a customer should be able to access the terms and conditions. The terms and conditions should be accessed, stored and reproduced electronically by the consumer.
B. SECURITY AND PAYMENT INFORMATION AND PRIVACY
- Is my payment information supplied online to a supplier of goods and services secure?
Suppliers are required to ensure that they use secure payment systems and have security procedures in place to safeguard the payment information you supply them when buying goods or services electronically. It is therefore advisable that you review the supplier’s website to establish whether they have security measures and procedures in place, for example, websites which have a security lock icon displayed at the beginning of their URL demonstrates that the website is and it should also possess a URL which starts with “https” instead of “http” which means the site is secured using an SSL Certificate (the s stands for secure). SSL Certificates secure all of your data as it is passed from your browser to the website's server. To some extent, this provides some comfort that the website is fairly secure. You can also use safe payment platforms like PayPal to make payments to the suppliers as this to a larger extent reduces the likelihood of your payment information being compromised and accessed by unauthorized persons or even abused. Suppliers should also ensure that they have privacy policies in place and adhere to them.
- Suppliers tend to send unsolicited messages after I have used their website. How can I stop these messages from coming through to my email address?
Whereas it is not illegal for a supplier to send unsolicited messages to a buyer, suppliers are required to give buyers an option to cancel the subscription to a mailing list and this should be at no cost to the buyer.
C. CANCELLATION AND REFUND OF PAYMENT FOR GOODS OR SERVICES
- Can I cancel an electronic transaction for the supply of goods or services?
Yes, within 7 (seven) days after the date of receipt of the goods or services; or
- Do I get a full refund after cancellation of an electronic transaction for the supply of goods or
Yes, you are entitled to a refund, less the costs for returning the goods (these costs could be shipping/courier costs)
- Within what period must a supplier of goods or services refund a payment where the customer cancels an
The supplier must refund the money paid for the goods or services within 30 (thirty) days from the date of cancellation.
- After placing an order for goods or services, within what period shall I receive the goods or
The supplier must execute the order within 30 (thirty) days unless otherwise agreed by the supplier and buyer.
- Can I cancel the order if the supplier fails to execute the order?
Yes, you may cancel the order within 30 (thirty) days or other period agreed to by the supplier and buyer. However, the buyer must give the supplier 7 (seven) days written notice prior to cancellation.
- If the supplier fails to supply the goods due to in availability of the goods or services, am I entitledto a refund?
The supplier is required to inform you of the unavailability of the goods or services before the expiry of the delivery period (30 (thirty) days or any other time agreed to by the supplier and buyer) and the buyer is entitled to a refund within 30 (thirty) days.