E-commerce terms and conditions with the disclosures required by s.43 ECTA and the 7-day cooling-off right under s.44 ECTA, for any business selling online.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
This template has no optional clauses: the text is the same for everyone.
Required fields not filled: 12. The PDF will have blank lines in their place to fill in by hand.
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E-COMMERCE TERMS AND CONDITIONS (Section 43, Electronic Communications and Transactions Act 25 of 2002 + Consumer Protection Act 68 of 2008)
Registration number:
These terms set out the disclosures required by section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") for any business offering goods or services for sale online, together with the additional protections of the Consumer Protection Act 68 of 2008 ("CPA").
1. WHO WE ARE 1.1. Full legal name: . Registration number: . 1.2. Physical address and contact details: . 1.3. Membership of any self-regulatory or professional body and applicable code of conduct: .
2. PRICE 2.1. . All prices exclude delivery unless stated at checkout.
3. PAYMENT 3.1.
4. DELIVERY 4.1.
5. RETURNS, EXCHANGES AND CANCELLATION 5.1.
6. RIGHT TO CANCEL (COOLING-OFF) 6.1. In terms of section 44 ECTA, you may cancel this transaction without reason and without penalty within days of receiving the goods (the statutory minimum is 7 days). On cancellation, we will refund any amount paid within 30 days. 6.2. The following are excluded from the cooling-off right under s.42(2) ECTA: 6.3. Perishable food is generally excluded from the cooling-off right, but the disclosures in this document remain compulsory for online food orders.
7. REFUNDS 7.1. Where a refund is due, it will be paid within days.
8. COMPLAINTS 8.1.
9. GOVERNING LAW 9.1. This agreement is governed by the law of .
⚠️ Failure to make the section 43 disclosures gives the consumer the right to cancel the transaction within 14 days of receiving the goods or services, regardless of the cooling-off period stated above. The CPA applies in parallel and requires plain, understandable language and prohibits unfair contract terms.
This is a boilerplate template, not legal advice. Employment, consumer-protection, data protection, and food-safety law in South Africa is detailed and fact-specific (BCEA, LRA, POPIA, PAIA, CPA, ECTA, R638) — have this document reviewed and adapted by a labour/commercial lawyer, and where relevant checked against current CCMA and Information Regulator guidance, before use.
Documents that are usually drawn up in the same process.
POPIA-compliant privacy notice for customers, explaining what personal information is collected and why, as required by s.18 of the Protection of Personal Information Act.
PAIA manual describing how to request access to records held by the business — compulsory for every private-sector entity since 1 January 2022 under s.51 PAIA.
Checklist for obtaining a Certificate of Acceptability (CoA) under Regulation R638 — required by every food premises before it may begin operating.
0 of 13 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.