Act 8
Electronic Transactions Act
2011
(6) Where a person offering goods or services for sale, hire or
exchange by electronic means fails to comply with subsections (4) (b)
and (5) he or she is liable for the damage suffered by the consumer
(7) Subsection (3) does not apply to an electronic transaction—
(a) for financial services, including, investment services,
insurance and reinsurance operations, banking services and
securities;
(b) by way of an auction;
(c) for the supply of foodstuff, beverages or other goods
intended for everyday consumption if they are 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
25(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 specifications of the consumer;
(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 is
unsealed by the consumer;
(h) for the sale of newspapers, periodicals, magazines and
books;
(i)
for the provision of gaming and lottery services; or
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