Sometimes consumers receive unexpected phone calls from sellers who try to sell them products or services. When such calls are received customers may feel somewhat pressured into concluding a sale or at least agree to a meeting at a later date where they would then be encouraged to make a purchase.

Since telesales involve the purchase of goods and services through a distance means of communication, as per the Consumer Rights Regulations, purchases concluded in this way may be cancelled during the 14-day cooling off period.

Consumers do not need to give any reason to why they have decided to cancel the sale and should not incur any penalties for deciding to exercise their cancellation rights. In case of goods, the only expense consumers may be asked to pay is the cost of returning the unwanted goods back to the seller. Consumers must, however, be clearly informed about this cost before the sale is concluded. If this information is not provided, then the seller must pay for the expense to have the goods returned to him.

Purchases concluded through telesales may be cancelled during the 14-day cooling-off period

The 14 days to cancel the sale start from the day consumers acquire physical possession of the goods. With regards to services purchased through telesales, the right to cancel expires 14 days after the contract of sale is concluded. When consumers are not made aware of their right to cancel the purchase they made, the cancellation period is extended to a year. Should consumers decide to exercise their cancellation rights, the seller is obliged to refund the money the consumer paid within 14 days from the day the seller is notified of the consumer’s intention to cancel the sale.

Another legal obligation sellers have is that of informing consumers that the call is being made for commercial purposes. This gives consumers the possibility to end the call if they are not interested in purchasing any products or services. If the  seller does not properly identify the nature of his call, the sales contract concluded may become unenforceable.In case of a dispute, the trader must prove that he has provided the required information. The seller is also legally obliged to identify himself and the business being represented. In addition, if consumers accept to purchase the product or service offered for sale, the verbal agreement must be confirmed in writing.

Even though the Consumer Rights Regulations provide adequate protection to consumers who purchase goods and services through a distant means of communication, consumers should still take a number of precautions to avoid unnecessary problems.

Before concluding the sale, consumers should take note of the name of the salesperson who spoke to them on the phone, the details of the products or services offered for sale, the price agreed on and how the payment will be made. In case of goods, the delivery should take place during the period agreed with the seller or within 30 days from the date the contract of sale was concluded.

Goods bought over the phone also have a two-year legal protection, the same as goods bought in shops. Hence if the goods purchased are not as described and agreed to in the contract of sale, or are not fit for their purpose, the seller is legally obliged to provide a free remedy.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.