Buying from door-to-door sellers

We may sometimes find ourselves in a situation whereby we unexpectedly find a seller on our doorstep trying to convince us to buy a particular product or service.

Door-to-door sellers do not only come to our homes. We can also meet them at the workplace or in the street. Basically, doorstep sales can take place anywhere away from the business premises of the door-to-door seller or the company they represent.

The first thing we need to do when faced with a door-to-door seller is to ask for appropriate identification. This is especially so if we are alone at home. A good precaution is that of double checking the seller’s identity by calling the company they say they represent, using a number from the phone book.

If we decide to hear out what the seller has to offer, it is important we keep in mind that the person in front of us wants to sell. In other words, we should not let any seller persuade us that we need a particular product unless it is something we really and truly need.

We should also keep in mind that if we buy or sign a contract on the spot, we are not getting the possibility to shop around. Ideally, before signing anything, we should check with other companies offering the same product and compare products and prices.

When we decide to buy, we should remember that these types of sales are regulated by the Doorstep Contracts Act, which protects consumers. First of all, everything agreed upon or promised during the sale should be put in writing.

The contract of sale should specifically include:

• Date and place where contract was signed;

• Name and address of consumer;

• Name and licence number of door-to-door seller;

• Permanent address of the place of trade of the seller or the employer;

• Description of goods or services sold;

• Total price and terms of payment; and

• Time stipulated for delivery, which can be no longer than 60 days from the date of contract.

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

The door-to-door seller must also inform us about our right to cancel the sales agreement within 15 days from the date of the contract. 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 any other way, such as by word of mouth, and by calling or sending a fax.

However, it would be wise to choose a way to cancel that provides us with proof of cancellation, such as, for instance, sending the cancellation form by registered post.

Before the expiry of the 15-day cooling-off period, we should not be requested to pay any deposits for the goods ordered. Once the cooling-off period is over, we may then be requested to place a deposit of not more than 10 per cent of the total price and should not be requested to pay any part of the remaining price before the delivery or part of it.

As soon as the cooling-off period expires, the sale can only be cancelled if the sale agreement has been breached, such as if the goods are not delivered when agreed to, 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 such a situation, 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.

The right for cancellation does not apply if the overall price of the sale does not exceed €46.59, when contracts are related to immovable property, or when doorstep contracts have been negotiated exclusively on the consumer’s initiative.

The following cases should not be considered as consumers’ initiatives: ordering catalogues, patterns, samples and similar items, a request by the consumer for a visit or demonstration, or participation in an event organised by the trader.

In doorstep selling, further protection is provided to consumers by specifically obliging doorstep sellers to leave the consumers’ house or place of work when requested.

If the trader fails to do so, he or she will be guilty of an offence, and if convicted, will be liable to a fine up to €1,165.

If you need to complain about a doorstep contract you may contact the Consumer and Competition Department on Freephone 8007 4400. It is important that you keep all the documents related to the sale, such as the contract of sale and the receipts of any money paid.

customer@timesofmalta.com

odette.vella@gov.mt

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