Doorstep selling takes place when a seller calls at a consumer’s home or workplace with the intention of selling goods or services.

Doorstep sellers cannot request any deposit from consumers- Odette Vella

A sale taking place at premises that are not the business premises of the door-to-door seller or the trader on whose behalf one is selling is also considered as doorstep selling.

The following types of sales are not considered as doorstep selling and are therefore not regulated by the Doorstep Contracts Act: sales whose value is less than €46; sale contracts related to immovable property; and doorstep sales contract negotiated exclusively on consumers’ initiative.

In these situations, it is the consumer who specifically requests the visit of the door-to-door seller. When consumers order catalogues, patterns, samples and similar items, or request a visit or demonstration, and take part in an event organised by the trader, these are not considered as consumers’ initiatives.

The Doorstep Contracts Act provides specific protection to consumers in that it regulates the information that should be given to consumers before the contract of sale is concluded.

This information should include:

• The name and address of the door-to-door seller where the latter can be contacted by the consumer;

• Details about the person’s licence as a door-to-door seller and particulars of the relevant competent authority that issued the licence;

• The existence of any after-sales guarantee not imposed by law;

• The price and main features of the product or service.

In addition, everything agreed upon or promised during the sale should be put in writing. Such details should include the date and place where the contract was signed; name and address of the consumer; name and licence number of the door-to-door seller; permanent address of the place of trade of the seller or his employer; a description of the goods or services sold; total price and terms of payment; and the time stipulated for delivery, which cannot exceed 60 days from the date of contract. Furthermore, in the doorstep contract there should be a clause printed clearly and boldly saying the consumer has the right to cancel the sales agreement within 15 days of the date of the contract.

The law specifically requires the seller to attach a cancellation form with details about how to cancel the contract. Cancellation may, in fact, be made by signing the cancellation form and returning it to the door-to-door seller, but it may also be made in other ways, such as by word of mouth, telephone or fax. However, consumers should preferably cancel a contract in a way that supplies them with proof of cancellation, such as sending the cancellation form by registered post.

If the cooling-off period expires, the sale can only be cancelled if the sales agreement has been breached, such as in cases where the goods are not delivered as had been agreed, or are not in conformity with the description and specifications in the contract of sale.

The purchased goods may also be defective. In these situations, the two-year legal protection can be applied and consumers may be entitled to repair, replacement or refund, depending on the product and lack of conformity.

Door-to-door sellers are legally obliged to immediately inform consumers about their status and should also clarify the purpose of their call. Sellers should also properly explain to consumers their rights of cancellation.

Furthermore, doorstep sellers are to leave the consumers’ house or workplace when requested. If they fail to do so, they may be found guilty of an offence and liable to a fine up to €1,164.

The Doorstep Contracts Act also stipulates that upon order, doorstep sellers cannot request any deposit from consumers. A 10 per cent deposit may only be requested after the cancellation period has expired. The rest of the payment may only be demanded upon delivery of goods or when the service commences.

Despite this legal protection, consumers should still be cautious and careful before spending money. If a problem crops up after concluding a doorstep sale, consumers may contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority on freephone 8007 4400.

customer@timesofmalta.com

odette.vella@gov.mt

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