No. 33
Electronic Transactions
(5) Unless otherwise agreed by the parties, where a consumer
exercises the right of withdrawal, he may only be required to pay,
within seven days, for the financial services already provided by a
supplier pursuant to the distant contract and the execution of a
contract may only start upon consent of the consumer, and the
amount due__
(a) has not exceeded the amount proportionate to the service
already rendered as compared to the services to be rendered under
the contract; and
(b) is not, under any circumstances, of such value or nature as
to constitute a penalty.
33
(6) A supplier may not require a consumer to pay an amount due
under subsection (5) unless the supplier proves that the consumer
was duly notified of the amount.
(7) Where a supplier has started to execute a contract before
expiry of the term of withdrawal, the supplier may not, under any
circumstances, require the consumer to process the payment.
(8) Unless otherwise agreed by the parties, a supplier shall be
required to reimburse to a consumer, not later than fourteen days, all
sums which were paid by the consumer under a distant contract.
(9) The fourteen day period referred to in subsection (8) shall
commence once a supplier receives a notification of a decision by a
consumer to withdraw from the contract.
(10) Unless otherwise agreed by the parties, where a supplier fails
to reimburse to a consumer the sums due within the period of
fourteen days, the amount shall attract interest at the prevailing bank
rate as specified by the Reserve Bank of Malawi.
(11) A consumer shall return to the supplier not later than
fourteen days or such period as agreed by the parties and the
calculation of time under this section shall start from when the
goods received from the supplier and the fourteen day period shall
start from the day when the consumer has sent a notification of
withdrawal to the supplier.
PART VI__SECURITY AND DIGITAL ECONOMY
46.__(1) Where any portion of an electronic message is signed
with a digital signature, the digital signature shall be treated as a
secure electronic signature with respect to such portion of the
message if__
(a) the digital signature was created during the operational
period of a valid digital signatures certificate and is verified by
reference to the public key listed in such certificate;
Use, supply,
transfer, etc