Sometimes we receive an unexpected call by a salesperson determined to sell us a product or service. Selling by telephone is not against the law and if we agree to buy something, then the agreement is binding.
We should, however, be aware that when we buy something over the phone, the sale falls under the remit of a distance contract and therefore we have the right to change our mind and cancel the sale.
In fact, the person calling us to sell a product or service must clearly inform us about our right of withdrawal, which amounts to 14 days. Should we decide to exercise this right, we do not have to give any reason and must not incur any costs, except the cost of returning the unwanted goods to the seller. We should, however, be clearly informed about these costs, otherwise they must be paid by the trader.
The 14 days start applying from the day we physically acquire the goods. In the case of service contracts, the withdrawal period expires after 14 days from the conclusion of the contract. If we are not informed about our right of withdrawal, it is extended to a year.
Once a sale is cancelled, the trader is obliged to reimburse all payment received not later than 14 days from the day we inform the trader we want to cancel the sale.
Despite this important protection, we should still take a number of precautions to avoid unnecessary hassles. It is important that we take note of the name of the salesperson and the company being represented. In fact, the person calling must clearly identify the business and purpose of the call at the beginning. This is a legal obligation. We should also take note of the details of the products being sold.
Before concluding the sale, we should also be provided in writing with the following information: name and address of the seller; description of goods/services; full price including taxes and additional charges; the cost of using distance communication if the charge is more than the basic rate; the method of payment and by when the goods will be delivered.
In case of services, we should find out when these will be carried out and right of cancellation.
Should we decide to purchase goods over the phone, we are entitled to the same rights as with goods bought in a shop. This means that the goods must be as described; as agreed with in the contract of sale; and fit for a specified purpose. If they’re not as promised or not as agreed with during the sale, the seller must fix the problem or give a full refund. In such cases the trader must also pay the cost of return.
We should also be extra cautious if we are asked to pay before we receive the goods. If the goods are going to be delivered to us, then we should pay for them on delivery. We should also avoid giving our credit or debit card details over the phone.
If we do, we should check our credit card statements more thoroughly than we usually do.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.