No. 33

Electronic Transactions

(e) conditions of delivery or execution such as the time of
delivery of goods or provision of services:
Provided that__

(i) unless otherwise agreed by the parties, the supplier shall
be bound to deliver the goods or to provide the services
immediately upon conclusion of the contract; and
(ii) where the supplier fails to deliver the goods and provide
the services as stipulated in subparagraph (i), the consumer
shall be entitled to terminate the contract;
(f) mode of payment;
(g) information regarding available after-sale service;
(h) details and conditions of withdrawal, denunciation, return,
cancellation or reimbursement, in accordance with the provisions
of sections 36, 37, 38 and 39;
(i) warranty conditions;
(j) return, exchange and refund policy of the supplier;
(k) manner and the period within which the consumer can
maintain a full record of the transaction;
(l) any alternative dispute resolution code to which the
supplier subscribes and how the details and content of that code
may be accessed electronically by the consumer; and
(m) security procedures and privacy policy of the supplier in
respect of payment, payment information and personal information of the consumer.
34.__(1) Avery contract with a value exceeding K5,000,000.00,
or a value as will be prescribed by the Minister by notice published
in the Gazette, concluded by electronic means shall be achieved by
the supplier for a period of not less than seven years from the date
when the contract was formed.

(2) A supplier shall ensure that the terms and conditions referred
to in subsection (1)__
(a) specify the time and manner the contract is formed; and
(b) are in a form that guarantees their preservation and
production.
(3) A supplier shall__
(a) provide the technical means which permit the consumer to
review the transaction and correct any errors made;
(b) indicate the languages in which the contract shall be
formed;

25

Formation of
electronic
contracts
with
consumers

Select target paragraph3