Buying from a door-to-door seller

People are often approached by door-to-door sellers to purchase a particular product or service. Most of the time these sellers are not invited but, without notice, knock on people's doors ready to sell.

Doorstep sales can also take place at the workplace, or at any other place or premises away from the business premises of the door-to-door seller, or the company they represent.

This particular kind of sale is regulated by the Doorstep Contracts Act, which provides special protection to consumers. In fact, should consumers change their mind after concluding a door-to-door sale, they may cancel the sales agreement within 15 days from the date of the contract.

Consumers have the right to be informed about this cancellation period by the doorstep seller. The law specifically requires the seller to attach a cancellation form with all the details about how to cancel the contract.

Cancellation may, in fact, be made by signing the cancellation form and returning it to the door-to-door seller. But it may also be made in other ways, such as by word of mouth, or by means of telephone or fax.

However, it would be wise to choose a way to cancel such contract that gives consumers proof of cancellation, such as by sending the cancellation form by registered post.

As soon as the cooling-off period expires, the sale can only be cancelled if the sales agreement has been breached, for instance, if the goods are not delivered when agreed, or are not in conformity with the description and specifications in the contract of sale.

There is also the possibility that the purchased goods result defective. In these situations, the two-year legal protection can be applied and consumers may be entitled to repair, replacement or refund, depending on the product and its lack of conformity.

In doorstep selling, further protection is provided to consumers by specifically obliging doorstep sellers to leave the consumers' house or workplace when requested. If the trader fails to do so, they would be guilty of an offence and, on conviction, be liable to a fine of up to €1,164.

Furthermore, door-to-door sellers should be licensed, and prior to commencing the sale, should provide all the information about their licence to consumers.

In addition, everything agreed upon or promised during the sale should be put in writing. Details should include 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 seller or their employer; a description of the goods or services sold; total price and the terms of payment; and stipulated delivery time, which should not be later than 60 days from the date of contract.

If the product purchased is covered by an after-sales guarantee, the terms and conditions of such a guarantee should be provided in writing to the consumer.

These obligations do not apply when the overall price of the sale does not exceed €46.59; when contracts are related to immovable property; and also when doorstep contracts have been negotiated exclusively on the initiative of the consumer.

Consumers should be cautious and careful before any buying decision. They should keep in mind that buying from a door-to-door seller does not present the possibility of shopping around. Furthermore, these sellers can be persuasive and are usually professionally trained to sell.

Consumers who feel unprepared to face any selling tactics are free to decide not to allow sellers in their home. However, when deciding to hear what the seller has to offer, consumers are still free to ask them to leave at any time.

Consumers should never feel obliged to buy and if they decide to take up the offer, it is important that everything that has been agreed upon is put in writing.

Ms Vella is senior information officer, Consumer and Competition Department.

customer@timesofmalta.com
odette.vella@gov.mt