2 5 6 [ N o . 21 o f 2 0 0 9 Electronic and Communications Transactions (3) If payment for the goods or services has been effected prior to a consumer exercising the right referred to in 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 law. Performance 3 7 . (1) A supplier shall execute an order within thirty days from the date on which the supplier received the order, unless the parties have agreed otherwise. (2) Where a supplier has failed to execute an order within thirty days or within the agreed period, the consumer may cancel the agreement upon giving seven d a y s ' written notice. (3) Where a supplier is unable to perform under the agreement on the grounds that the goods or services ordered are unavailable, the supplier shall immediately notify the consumer of this fact and refund any payments forthwith. Applicability of foreign law 3 8 . The protection provided to consumers in this Part applies irrespective of the legal system applicable to the agreement in question. Nonexclusion 3 9 . Any provision in an agreement which excludes any rights provided for in this Part is null and void. Complaints to Authority 4 0 . A consumer may lodge a complaint with the Authority in respect of any non-compliance with the provisions of this Part by a supplier. PART V I I PROTECTION OF PERSONAL INFORMATION Scope of protection of personal information 4 1 . (1) This Part only applies to personal information that has been obtained through electronic transactions. (2) A data controller shall subscribe to the principles outlined in section forty-two by recording such fact in any agreement with a data subject. (3) A data controller shall subscribe to all the principles outlined in section forty-eight and not merely to parts thereof. (4) The rights and obligations of the parties in respect of the breach of the principles outlined in section forty-eight shall be governed by the terms of any agreement between them.

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