ecommerce law

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Return of Goods under the Consumer Protection Act in South Africa

When can a consumer return goods under the Consumer Protection Act (CPA) in South Africa. There are a number of sections in the Consumer Protection Act that allow goods to be returned, but what is important to note, is that there [...]

By | July 14th, 2016|Categories: Consumer Protection|Tags: , , , , |

Your pool of customers

Who can enter into a valid and binding contract with no assistance? The same principles apply to both online and traditional agreements. This is important because it determines the pool of your customers. If you cannot contract with a person, [...]

By | January 16th, 2009|Categories: IT Contracts|Tags: , , , |

Taxation of goods purchased online

Is the sale of on-line products (for example software downloaded directly from a website) subject to taxation? South Africa previously had a predominantly source based tax system but adopted a resident based tax system some few years ago. The sale [...]

Can a web site provider link to third-party websites without permission?

This is not expressly prohibited by any law, but may possibly amount to a contravention of the provisions of the Copyright Act 98 of 1978. Broadly speaking, copyright is the right given to the owner of a copyrighted work not [...]

By | October 26th, 2008|Categories: Internet Law|Tags: , , , , |

Liability for online content mistakes

When would a website provider be liable for mistakes in information which it provides online?  Can it avoid that liability? The general principle is that a website provider must ensure that the content on the website is accurate and will [...]

e-Commerce, Getting the Deal Through

'e-Commerce, Getting the Deal Through' was published in September 2008 by the International Bar Association (where the same questions and answers were posed to leading practitioners in 27 jurisdictions worldwide). Michalsons have authored the chapter on South Africa for the [...]

By | September 30th, 2008|Categories: Uncategorised|Tags: , , , |

Can a website provider use third-party content on its website without permission from the third-party content provider?

No. This would amount to a contravention of the Copyright Act 98 of 1978 if the content as the copyrighted work was first published in South Africa or made by a "qualified person" (a South African or company registered and [...]

By | September 27th, 2008|Categories: Intellectual Property Protection|Tags: , , , , |

Guide to the ECT Act in South Africa

The ECT Act (or Electronic Communications and Transactions Act 25 of 2002) became law in South Africa on Friday, 30 August 2002 and we summarise it for you. This marked the end of a process initiated by the South African Government [...]

Ripping CDs can be unlawful

Many of us convert audio CDs we have bought from their native CD-DA format to MP3 or some other compressed audio format . The act of converting CDs is commonly known as "ripping" - when the term was coined, it [...]

By | September 16th, 2008|Categories: Intellectual Property Protection|Tags: , , , |

Tests used to determine jurisdiction for Internet based transactions

What tests or rules are applied by the courts to determine the proper jurisdiction for Internet-based transactions (or contentions) in cases where the defendant is resident or provides goods or services from outside the jurisdiction? The general principle for a [...]

By | August 14th, 2008|Categories: Internet Law|Tags: , , |