164
No. 4 of 2021]
Electronic Communications and Transactions
(6) An originator who sends unsolicited commercial
communications to an addressee who has opted-out from receiving
any further electronic communications from the originator through
the originator’s optout facility, commits an offence.
(7) A person who advertises or who knowingly has goods or
services advertised in contravention of this section commits an
offence.
(8) A person convicted of an offence under this section is liable
on conviction to a fine not exceeding five thousand penalty units
or imprisonment for a term not exceeding five years, or to both.
Cooling-off
period
66. (1) A consumer may cancel, without giving any reason
and without incurring any penalty, a transaction and a related credit
agreement for the supply of
(a) goods within seven days after the date of the receipt of
the goods; or
(b) services within seven days after the date of the conclusion
of the agreement.
(2) Where a consumer cancels a transaction under subsection
(1), the only charge that may be levied on the consumer is the
direct cost of returning the goods.
(3) If payment for the goods or services has been effected
prior to a consumer exercising the right under subsection (1), the
supplier shall give the consumer a full refund of the payment, which
refund shall be made within thirty days of the date of cancellation.
(4) This section shall not be construed as prejudicing the rights
of a consumer provided for in any other written law.
(5) Subsection (1) does not apply to an electronic transaction—
(a) for a financial service, including an investment service,
insurance and reinsurance operation, banking service
or operation relating to dealings in securities;
(b) by way of an auction;
(c) for the supply of food stuffs, beverages or other goods
intended for everyday consumption supplied to a home,
residence or workplace of a consumer;
(d) for services which have been performed in full with the
consumer’s consent before the end of the sevenday
period specified under subsection (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—
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