(1) This section does not apply with respect to a consumer agreement where goods have been delivered to the consumer, if after having been supplied to, or at the direction of, the consumer–
(a) any other law prohibits the return of the goods to the supplier; or
(b) the goods have been —
(i) partially or entirely eaten, consumed, depleted or destroyed, unless the consumer was reasonably unable to determine that the goods were unfit for the intended purpose without partially eating, consuming, depleting or destroying the goods, or
(ii) partially or entirely disassembled, physically altered, or affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
(2) The provisions of this section are in addition to and not in substitution for any right to return goods and receive a refund that may otherwise exist in law between a supplier and a consumer.
(3) A consumer may rescind a consumer agreement —
(a) within 10 business days after delivery of the goods to be supplied under the agreement, if the agreement arises as a result of —
(i) direct, distance or electronic marketing by the supplier and contemplates the delivery of the goods to the consumer, or
(ii) any other marketing in circumstances in which the consumer,
is unable to choose or examine the goods as contemplated in section 71;
(b) within 5 business days after entering into the consumer agreement, if the consumer agreement arises as a result of direct, distance or electronic marketing by the supplier but does not contemplate the delivery of goods to the consumer.
(4) Notwithstanding the time limits set out in subsection (3), a consumer may rescind a consumer agreement as contemplated in that subsection within 3 months after the agreement, if the supplier —
(a) was required to be licensed or registered in terms of any other law, and was not so licensed or registered;
(b) contravened any provision of this Act in respect of the transaction.
(5) At any time, by giving one month's notice to the supplier, a consumer may cancel without penalty, a consumer agreement —
(a) for the supply of a continuous service;
(b) to purchase the goods or service on a recurring basis by subscription; or
(c) to make a donation on a recurring basis.
(6) A supplier —
(a) is obliged to return any payment received from a consumer within 5 business days after receiving notice of the rescission of a consumer agreement; and
(b) is not entitled to collect any payment in terms of a rescinded agreement.