An off-premises sale takes place when a consumer buys something or signs up to something in a place that is not the seller’s business premises.
These kind of sales are usually concluded at the consumer’s home or in the street. A sale which starts in the street and is concluded immediately after at the seller’s premises is also considered to have taken place off premises.
When consumers conclude an off-premises sale, if the amount paid by the consumer exceeds €30, they are legally entitled to a 14-day cooling-off period.
These 14 days start to apply as soon as the sale is agreed with the trader and finish 14 days after the consumer receives the product purchased. In the case of service contracts, the 14 days start to apply from the day of the conclusion of the contract.
The seller is obliged to inform consumers about their right of withdrawal from the contract of sale. If this information is not provided, the withdrawal period is extended to 12 months or to 14 days after the day when the consumer receives information about his right to cancel the sale.
An off-premises sale can be cancelled by filling in the cancellation form that the trader has provided or by making a clear statement to the trader.
Unwanted goods must be returned to the seller within 14 days
Consumers must have proof that they cancelled within the 14-day period. Hence, such cancellation should always be done in writing.
Once an off-premises sale is cancelled, the trader must return any money the consumer has paid, including any deposit, within 14 days of receiving the goods back or have proof that the consumer has sent them back.
Consumers have the responsibility to return the unwanted goods within 14 days of informing the trader that they want to cancel the sales contract.
If the unwanted goods have been delivered to the home of the consumer when the contract of sale was concluded, the seller must collect back the goods at his own expense, if, by their nature, these cannot be returned by post.
There are specific situations where the right of withdrawal does not apply. Some of these include the following:
• in case of services when these have begun with the consumer’s consent;
• the supply of goods made to the consumer’s specifications or clearly personalised;
• the supply of goods which are liable to deteriorate or expire rapidly;
• the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
• the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such periodicals;
• contracts concluded at a public auction; and
• the supply of digital content which is not supplied through a tangible medium if the performance has begun with the consumer’s prior express consent and acknowledgement that he thereby loses his right of withdrawal.
Besides information on the right of cancellation, consumers must also be provided with:
• a clear description of the characteristics of the goods or services;
• the identity of the trader, such as his trading name and his contact details;
• the total price of the goods or services, including taxes and any additional charges;
• the method of payment and by when the goods will be delivered. In case of services, when these will be carried out;
• the duration of the contract, if this is of indeterminate duration, and the conditions for terminating it; and
• a reminder of the existence of a legal guarantee of conformity for goods.
This information must be provided to the consumer on paper or, if the consumer agrees, through a durable medium. The consumer must also be provided with a copy of the signed contract.
When concluding an off-premises sale, traders can’t request payment from consumers prior to the delivery.
If the goods are delivered in parts, the trader can only request the payment that represents the price of the part delivered.
If the trader requires the payment of a deposit, this must not exceed 10 per cent of the price of the goods ordered and shall not be payable before 14 days from the date of the off-premises contract.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.