An off-premises sale occurs when a sale between a consumer and a trader is concluded in a place that is not the business premises of the trader. These type of sales are usually concluded at the consumer’s home, place of work or in the street.

A sale concluded on a trader’s business premises immediately after a meeting with a consumer in a place that is not the trader’s business premises is also considered off-premises. For example, a salesperson meets a consumer in the high street and convinces him of the benefits of buying certain cosmetic products, the consumer is then taken to the shop to conclude the sale and issue payment.

When consumers make these type of purchases, if the amount paid for the product or service exceeds €30, they have a cancellation period of 14 days, during which they can change their mind, cancel the sale and request a refund of any money paid. This right to cancel the sale commences on the day the consumer concludes the contract and finishes 14 days after the consumer receives the product ordered.

With regard to services, the withdrawal period ends 14 days after the contact of sale is concluded. When consumers are not properly informed about these rights, the right to cancel the sale is extended to a year or to 14 days after the day upon which the consumer receives information about his right to cancel the sale.

Consumers may cancel an off-premises sale either by filling and sending the cancellation form provided by the seller or by clearly informing the seller of their intention to cancel the sale. When opting for the latter, consumers should have proof of cancellation. Hence, the seller should be informed in writing.

Once the consumer cancels an off-premises sales, the seller is obliged to reimburse all payments received from the consumer within 14 days from the day of cancellation. Furthermore, it is the trader’s responsibility to collect any delivered unwanted goods from the consumer’s home if this was part of the sales agreement, or if the goods delivered to the consumer cannot be returned by post.

In off-premises sales, a deposit of up to 10 per cent may be requested only after the 14-day cooling off period expires

There are a number of situations where the right of withdrawal does not apply, including the following:

• in case of services when these have begun and concluded with the consumer’s consent;

• goods supplied to the consumer’s specifications or clearly personalised;

• in case of goods that are liable to deteriorate or expire rapidly;

• sealed goods which once unsealed cannot be returned due to hygiene reasons;

• 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

• in case of purchased digital content which performance has begun with the consumer’s consent and acknowledgement that he thereby loses his right of withdrawal.

When buying goods off premises, consumers should not be asked to pay anything before delivery. Where the goods are delivered in parts, the trader can only request the payment that represents the price of the part delivered. Before the ordered goods are delivered the seller may only request up to a 10 per cent deposit after the 14-day cancellation period expires.

Besides information on the cooling-off period, sellers are also obliged to provide specific information to consumers about the concluded sale. This information must be provided in writing, in English or Maltese, and must include the following: the main characteristics of the ordered goods or services; the identity of the trader and his contact details; total price inclusive of taxes and any other additional costs; the agreed arrangements for payment and delivery of goods or performance of services; in case of services, the duration of the contract and the conditions for terminating the contract; and also information on the existence of a legal guarantee of conformity for goods.

When consumers’ rights are breached when they buy goods or services off premises, they may lodge a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

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

odette.vella@mccaa.org.mt