Telesales, also known as telemarketing, is a selling technique companies use to sell their products and services.

During such sales consumers unexpectedly receive a call from salespeople who use their selling skills to convince consumers to take up the offer.

Telephone sales are not illegal. Therefore, sales concluded in this manner are legally binding.

Since consumers may be taken by surprise by the person calling to sell them a product or service, the Consumer Rights Regulations stipulate that sales concluded by telephone may be cancelled during the 14-day cooling-off period.

Consumers who, after concluding the sale, decide to opt out of the sales agreement do not need to explain why and must not incur any penalties. The only expense consumers may be asked to pay is the cost of returning the unwanted goods to the seller. Consumers must, however, be clearly informed about this cost before the sale is concluded. If they are not, then the trader must bear the expense to have the goods returned.

The 14-day cooling-off period kicks off when consumers physically acquire the goods. In the case of service contracts, the withdrawal period expires after 14 days from the conclusion of the contract. Once the consumer informs the trader about their intention to cancel the sale, the trader is obliged to reimburse all payment received within 14 days.

Besides informing consumers about the cooling-off period, the seller must, at the beginning of the telephone conversation, tell consumers that the call is being made for commercial purposes.

Callers are also legally obliged to clearly identify themselves and the business they are representing. Furthermore, when a sale is concluded on the phone, the seller has to confirm the sales agreement in writing and the consumer is only bound by the contract of sale once the consumer has signed the offer or has sent his written consent.

Before concluding the sale, consumers must also be provided with the following information in writing: name and address of the seller; description of goods or services sold; full price including taxes and any additional charges; method of payment and by when the goods will be delivered. In case of services, the date when these will be carried out and also written information on the right of cancellation are needed.

Callers are legally obliged to clearly identify themselves and the business they are representing

Goods purchased over the phone are legally protected in the same way as goods bought in a shop. So goods bought through telesales must be as described by the seller, as agreed in the contract of sale and fit for any specified purpose. When the goods purchased do not conform to the contract of sale, consumers may request the seller to provide a free remedy.

In these situations, the seller must repair or replace the non-conforming goods or, if such solutions are not possible or may cause a significant inconvenience to consumers, the seller must give the consumer a part or full refund.

Furthermore, if the non-conforming goods need to be returned to the seller, the cost of return must be paid by the seller.

Consumers should be cautious if they are asked to pay for the goods before these are delivered to them. They should also avoid giving their credit or debit card details over the phone but instead opt for a secure payment method.

In case of a dispute, during or after a telephone sale, consumers should first try to solve the problem directly with the seller. If the matter is not resolved amicably, consumers should then file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

odette.vella@mccaa.org.mt

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