Dealing with unexpected purchases

At times, we find ourselves in situations whereby we are contacted by sellers, whose objective is to sell us specific products or services.

These may either knock at our door when we least expect them to, or they may call us. In these kind of sales, we do not initiate contact with the business as we normally would by entering a shop. For these reasons, consumers have added legal protection when making these kind of purchases.

The most important protection we have is the cooling-off period. Once we agree to conclude the contract of sale, we have 15 days’ time during which we can change our mind and cancel the contract without penalty.

However, we must be clearly informed about our right of cancellation. In case of door-to-door sales, the law specifically requires the seller to attach a cancellation form with all the details about how to cancel the contract.

These sales may be cancelled by simply signing the cancellation form and returning it to the door-to-door seller.

Cancellation may also be made by word of mouth and by means of telephone or fax.

Ideally, however, we should choose a method of cancellation that proves that we cancelled the contact within the stipulated time limit, such as signing the cancellation form and sending it by registered post.

The same cancellation rights ap­ply in cases of telephone sales. We also have the right to be informed of our right to cancel the contract of sale agreed upon. If the seller does not inform us about these rights, the cooling-off period may be extended by to up to three months from the date the contract is concluded.

This extension of time also applies if the seller fails to provide us with specific, basic information, such as the identity and contact details of the seller and the price of the product or service.

In case of door-to-door sales, the 15-day cooling-off period starts from the day the contract of sale is concluded. This means that in certain circumstances, the cooling-off period may actually expire before the goods ordered are delivered to consumers.

On the other hand, goods purchased through telesales may be returned to the seller up to 15 days after they are delivered to us. In this case, the only expense we may be asked to pay is the cost of returning the unwanted goods back to the seller.

If we purchase a service, the cooling-off period starts applying from the date of the signing of the contract. However, if we agree to start using the service before the expiration of the 15 days, our cancellation rights end on the day we start using the service.

When we are faced with a door-to-door seller or receive an unexpected telephone call from a salesperson, the law obliges the sellers to disclose their identity and the reason of their call or visit.

Doorstep sellers must immediately inform us about their status as door-to-door sellers and must produce identification. They must also inform us that we can ask them to leave at any time and are obliged to leave when we ask them to do so.

If the door-to-door seller does not abide by these obligations, they will be guilty of an offence, and if convicted, will be liable to a fine of up to €1,164.

Door-to-door sellers must be in possession of a licence issued by the Trade Licence Unit of the Commerce Division. In fact, as from last November, the issuing of door-to-door sellers’ licences has been transferred to the Commerce Division.

In cases of telesales, the caller must clearly identify the business he is working for and why he is calling at the beginning of the call. If this is not done, the contract concluded during the course of the telephone communication may become unenforceable.

In case of a dispute, it is the trader who must prove that they had informed the consumer about identity and the commercial purpose of the call.

Regarding payment and delivery, doorstep sellers may only request up to a 10 per cent deposit after the 15-day cooling-off period has expired. The rest of the payment may only be demanded upon delivery of the goods ordered or when the service commences.

Goods ordered through telesales must be delivered within the time agreed with the seller, or if no delivery date was agreed on, within 30 days of the order being placed.

Despite this legal protection, consumers should still be cautious and careful before spending hard-earned money and only make purchases they are convinced of.

If a problem crops up, we should first contact the seller and try to find a suitable, amicable solution. If we do not succeed, we may then contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority, to have our case mediated by the authority’s complaints officers.

odette.vella@mccaa.org.mt

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