Doorstep selling: Know where you stand!
A wide range of goods and services are today sold to people at the comfort of their own home. This type of trading has various advantages for many consumers, especially those with mobility problems, but at the same time doorstep selling can be...
A wide range of goods and services are today sold to people at the comfort of their own home. This type of trading has various advantages for many consumers, especially those with mobility problems, but at the same time doorstep selling can be extremely persuasive and sometimes even intimidating. Even though most of the traders are honest and genuine, there are others who use their experience and selling techniques to convince consumers to buy things they don't really need. Doorstep sellers are trained to get people to buy and they can be extremely persuasive.
It is therefore essential that individuals who choose to purchase goods or services on their doorstep are aware of their legal rights. Door-to-door sellers are in fact regulated by the Doorstep Contracts Act whose main purpose is to safeguard consumers' interests. This Act covers all door-to-door sales, including goods and services, and irrespective of whether the offer was unsolicited or solicited in response to any advertisements. What this Act does not include are sellers of foodstuffs and drinks, and contracts whose overall price does not exceed €46.59.
Legal door-to-door sellers should be in possession of a licence issued by the Director for Consumer Affairs and should show it before commencing the sale. If this does not happen then the consumer, even for security reasons, should request identification of the seller before allowing him/her to enter the house. Unlicensed door-to-door sellers are guilty of breaching this Act and if found guilty are liable to a fine which may vary from €232.94 to €1,164.69, or imprisonment, or both. Furthermore, any transactions carried out with an unlicensed door-to-door seller will be considered as null and void. Under these circumstances a consumer has the right to refuse any goods bought within one month from the date of delivery of the goods.
Purchasing goods or services from a door-to-door seller also gives the consumer the right to change his mind and cancel the contract within 15 days of the date of the contract. By law it is the seller who must inform consumers in writing about the right to cancel and provide a "cancellation form" with all the details about how to cancel the contract. Cancellation may in fact be made in any manner, either by word of mouth, telephone, fax, or by simply submitting the "cancellation form". However, the safest way to cancel such contracts is by filling the form and delivering it by hand or sending it by registered mail to the door-to-door seller.
It is imperative that every sale done on the doorstep is finalised with a private writing and specific details included, such as the date and place where the contract was signed; name and address of the consumer; name and licence number of the door-to-door seller; permanent address of the place of trade of the door-to-door seller or the person by whom he is employed; description of the goods or services sold; the price and the terms of payment; time stipulated for the delivery, which shall in no case be later than 60 days from the date of the private writing; a clause printed in clear, bold print, stating that the consumer has a right to cancel the private writing; and the signatures of both the consumer and the door-to-door seller.
The law prohibits any payments imposed on the consumer upon signing a doorstep contract before the expiration of the 15 days cooling-off period, unless the product or service is delivered to the consumer before the expiration of this period. Even deposits cannot be requested before the 15 days, and when this time-frame is over only 10 per cent of the price can be demanded until delivery takes place.
Knowing how the law protects us during these particular purchases is an important safety valve against rogue traders but definitely not the only one. It is important to think before you buy. Always ask yourself whether you would still have bought the product or service even if a doorstep salesman hadn't called. If the answer is no, think twice before buying anything. Ask yourself whether you really need it. Whether you can afford it and also whether you will ever use it. Make sure that it is good value for money, especially when compared to other similar products or services on the market. If interested make sure you are given a cancellation form and know how to contact the seller if something goes wrong.
• Ms Vella is senior information officer of the Consumer and Competition Division
It is therefore essential that individuals who choose to purchase goods or services on their doorstep are aware of their legal rights. Door-to-door sellers are in fact regulated by the Doorstep Contracts Act whose main purpose is to safeguard consumers' interests. This Act covers all door-to-door sales, including goods and services, and irrespective of whether the offer was unsolicited or solicited in response to any advertisements. What this Act does not include are sellers of foodstuffs and drinks, and contracts whose overall price does not exceed €46.59.
Legal door-to-door sellers should be in possession of a licence issued by the Director for Consumer Affairs and should show it before commencing the sale. If this does not happen then the consumer, even for security reasons, should request identification of the seller before allowing him/her to enter the house. Unlicensed door-to-door sellers are guilty of breaching this Act and if found guilty are liable to a fine which may vary from €232.94 to €1,164.69, or imprisonment, or both. Furthermore, any transactions carried out with an unlicensed door-to-door seller will be considered as null and void. Under these circumstances a consumer has the right to refuse any goods bought within one month from the date of delivery of the goods.
Purchasing goods or services from a door-to-door seller also gives the consumer the right to change his mind and cancel the contract within 15 days of the date of the contract. By law it is the seller who must inform consumers in writing about the right to cancel and provide a "cancellation form" with all the details about how to cancel the contract. Cancellation may in fact be made in any manner, either by word of mouth, telephone, fax, or by simply submitting the "cancellation form". However, the safest way to cancel such contracts is by filling the form and delivering it by hand or sending it by registered mail to the door-to-door seller.
It is imperative that every sale done on the doorstep is finalised with a private writing and specific details included, such as the date and place where the contract was signed; name and address of the consumer; name and licence number of the door-to-door seller; permanent address of the place of trade of the door-to-door seller or the person by whom he is employed; description of the goods or services sold; the price and the terms of payment; time stipulated for the delivery, which shall in no case be later than 60 days from the date of the private writing; a clause printed in clear, bold print, stating that the consumer has a right to cancel the private writing; and the signatures of both the consumer and the door-to-door seller.
The law prohibits any payments imposed on the consumer upon signing a doorstep contract before the expiration of the 15 days cooling-off period, unless the product or service is delivered to the consumer before the expiration of this period. Even deposits cannot be requested before the 15 days, and when this time-frame is over only 10 per cent of the price can be demanded until delivery takes place.
Knowing how the law protects us during these particular purchases is an important safety valve against rogue traders but definitely not the only one. It is important to think before you buy. Always ask yourself whether you would still have bought the product or service even if a doorstep salesman hadn't called. If the answer is no, think twice before buying anything. Ask yourself whether you really need it. Whether you can afford it and also whether you will ever use it. Make sure that it is good value for money, especially when compared to other similar products or services on the market. If interested make sure you are given a cancellation form and know how to contact the seller if something goes wrong.
• Ms Vella is senior information officer of the Consumer and Competition Division