No. 33
Electronic Transactions
(d) the contract relates to the provision of audio or video
recording or software;
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(e) the contract relates to the provision of newspapers,
periodicals or magazines; and
(f) the contract relates to the provision of betting and
authorized lotteries.
36.__(1) A supplier shall put technical measures on his
electronic platform that will enable a consumer to verify the
accuracy of the details of an order, failing which an electronic
transaction made on the platform shall be invalid.
(2) A supplier shall acknowledge receipt of the order
electronically within forty eight hours of receipt of the order.
Performance
of an
electronic
transaction
(3) Unless the parties agree otherwise, a supplier shall execute the
order within thirty days of receipt of the order.
(4) Where a supplier has failed to execute an order within the
thirty days or within the agreed period, the consumer may, after the
expiration of that period, cancel the contract upon giving a seven
days’ written notice.
(5) The order, the acceptance of the order, and the acknowledgement of receipt of such acceptance of the order, shall be considered
received in accordance with section 20.
(6) For the purposes of this section, an “order” shall amount to an
“offer”.
37.__(1) Where a supplier fails to perform his part of the contract,
the supplier shall inform the consumer of the failure and the
supplier shall refund the consumer any sums paid within seven days
of notifying the consumer of his failure or at the expiry of the
thirty days or at the expiry of the period agreed by the parties,
whichever comes first.
Default in
contract
performance
(2) Where a supplier fails to refund a consumer as required by
subsection (1), interest shall accrue on the sum at the applicable
bank rate as specified by the Reserve Bank of Malawi.
(3) Where a consumer is contractually required to bear costs of
returning goods that the supplier has delivered to a consumer, the
supplier shall inform the consumer of this fact in advance.
38.__(1) A supplier shall provide to a consumer with an
opportunity to do the following__
Review and
cancellation
of contract by
a consumer