Electronic Communications and Transactions \ IN o. 21 o f 2 0 0 9 PART VI CONSUMER PROTECTION 34. (1) This Part applies only to electronic transactions. (2) S e c t i o n thirty-six transaction— d o e s n o t a p p l y to an e l e c t r o n i c (a) for financial services, including but not limited to, investment services, insurance and re-insurance operations, banking services and operations relating to dealings in securities; (b) by w a y of an auction; (c) for the supply o f foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer; (d) for services which began with the c o n s u m e r ' s consent before the end of the seven-day period referred to in subsection (1) of section thirty-six: (e) w h e r e 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 g o o d s — (i) are made to the c o n s u m e r ' s specifications; (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 were unsealed by the consumer; (h) for the sale of newspapers, periodicals, magazines and books; (i) for the provision of gaming and lottery services; or (j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period. (3) This Part does not apply to a regulatory authority established under any other law if that law prescribes consumer protection provisions in respect of electronic transactions. 253