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Electronic Transactions
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(c) in case the contract is archived, provide the conditions of
such archiving by the supplier and the conditions of access to the
archived contract; and
(d) if applicable, provide the way to access, through electronic
means, professional and commercial rules that the supplier
considers binding.
(4) Every contract with a value exceeding K5,000,000 concluded
by electronic means shall be archived by the supplier for a
period of not less than seven years from the date when the contract
was formed.
35.__(1) A consumer shall be entitled to exercise the right of
withdrawal from a contract concluded by electronic means without
giving reasons and without penalties__
(a) with respect to goods, within seven days of receipt of the
goods or a period as agreed by the two parties in the agreement;
(b) with respect to services, within seven days of the formation
of the contract or a period as agreed by the two parties in the
agreement.
(2) Where consumer has cancelled a contract under this
section, the consumer may, if necessary, bear return costs for the
goods supplied or services rendered.
(3) After a consumer has cancelled a contract under this
section, a supplier shall, within fourteen days of cancellation of the
contract by the consumer, reimburse to the consumer all sums paid.
(4) After expiry of the period specified in subsection (3), the sum
due shall attract interest at the prevailing bank rate as specified by
the Reserve Bank of Malawi.
(5) A supplier shall reimburse to a consumer, all sums due, in a
payment mode agreed by the parties:
Provided that in the event that the parties fail to agree on the
mode, the reimbursement shall be made in the same mode in which
the consumer paid the supplier.
(6) Notwithstanding subsection (1), a consumer shall not
withdraw from a contract concluded by electronic means where__
(a) the provision of services started with the consumer's
consent, before the end of the seven day period;
(b) the price of the goods or services depends on the
fluctuations of financial market rates and the price is not in the
control of the supplier;
(c) the provision of goods was made according to the
consumer’s own specifications or clearly personalized, or goods
which by their nature cannot be returned or are liable to
deteriorate rapidly;