(6) Any originator who persists in intentionally sending unsolicited commercial communications to an addressee, who has advised the originator by means of the opt-out facility that such communications are unwelcome, commits an offence. (7) Any person whose goods or services are advertised in contravention of this section commits an offence. (8) A person who commits an offence as contemplated in subsection (5), (6) or (7) is on conviction liable to a fine not exceeding N$500 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. Performance 37. (1) The supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties have agreed otherwise (2) Where a supplier has failed to execute the order within 30 days or within the agreed period the consumer may cancel the agreement with seven days written notice. (3) If a supplier is unable to perform in terms of the contract on the grounds that the goods or services ordered are unavailable, the supplier must immediately notify the consumer of this fact and refund any payments within 30 days after the date of such notification. Applicability of foreign law 38. The protection provided to consumers in this Chapter, applies irrespective of the legal system applicable to the contract in question. Non-exclusion 39. Any provision in a contract which excludes any rights provided for in this Chapter is null and void. 37