Dealing with door-to-door sellers

When we decide to purchase a product or service from a door-to-door seller, we have specific legal rights that protect us from fraudsters and hasty buying decisions.

Once we decide to finalise the sale with a door-to-door seller, the sale should be concluded in writing

Before we actually commit ourselves to purchasing an item from a doorstep seller, the Doorstep Contracts Act stipulates that the seller must provide us with details about the product or service for sale; inform us of any applicable commercial guarantee; and tell us what the total price is.

The sellers must also provide specific information about themselves and their business, such as the name of the business, permanent address and how to contact them.

Once we decide to finalise the sale with a door-to-door seller, the sale should be concluded in writing. This is known as the contract of sale. Without this written contract, the door-to-door sale is not legally binding.

This contract should include specific details, such as the date and place where it 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 terms of payment and the time stipulated for delivery, which cannot exceed 60 days from the date of the contract.

The contract of sale must also include information on the consumer’s right to withdraw from the contract and instructions on how to exercise this right. The law specifically requires the seller to attach a cancellation form to the sales contract.

The Doorstep Contracts Act gives consumers 15 days known as the cooling-off period, to change their mind and cancel the sale. This period of time applies from the day the consumer signs and is given a copy of the sales contract.

The consumer does not need to give a reason for cancelling the sale. However, once the consumer starts using the product, they can no longer change their mind and return the goods sold. In fact, unwanted goods must be returned in perfect condition. The consumer does, however, have the right to open the packaging and examine what’s inside.

Cancellation may be made by signing the cancellation form and returning it to the door-to-door seller. It can also be done by word of mouth, by phoning or by fax. However, it would be wise to choose a way that offers consumers proof of cancellation.

Before the expiry of the cooling-off period, consumers cannot be requested to pay any deposits for the goods ordered. Once the cooling-off period is over, consumers may then be requested to place a deposit of not more than 10 per cent of the total price and shouldn’t be asked to pay anything else before delivery.

These rights do not apply to doorstep sales, whereby the overall price of the sale does not exceed €46.59, and also in situations where doorstep contracts have been negotiated exclusively on the initiative of the consumer.

It is, however, not considered as the consumer’s initiative when ordering catalogues, patterns, samples and similar items; requesting a visit or a demonstration; or participating in an event organised by the trader.

The Doorstep Contracts Act offers consumers strong protection against door-to-door sellers who may try to take us for a ride or who take advantage of the situation when we do not want to buy.

This protection is mainly offered to us through full information about the seller and the right to cancel. The law also obliges doorstep sellers to leave the consumers’ house or workplace when asked to. If they fail to do so, they will be guilty of an offence and are liable to a fine of up to €1,165.

Consumers can strengthen this protection by being extra-cautious when facing door-to-door sellers. We should, for instance, always ask for appropriate identification and never let strangers in our home without first knowing who we are dealing with. Doorstep sellers should carry their licence and particulars of the relevant authority that issued the licence.

If we decide to hear what the sales person has to offer, we should keep in mind that the person in front of us wants to sell. We should not let anyone persuade us to buy something we do not need.

If, after concluding the sale, we happen to change our mind and the seller gives us a hard time or tries to impose on us any extra charges, we should seek the help of the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority by calling 2395 2000 or freephone 8007 4400.

odette.vella@mccaa.org.mt

info@mccaa.org.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.