Consumer rights and doorstep selling

Facing an unexpected door-to-door seller has become a common phenomenon. Sellers are very much aware that there are consumers who prefer shopping from the comfort of their home. Therefore, instead of waiting for consumers to go to their outlets, these sellers go knocking at people's doors promoting products and services.

Sometimes, doorstep sellers do not just arrive out of the blue but their visit follows a phone call consumers have received or made. Consumers should always be cautious and careful before getting carried away by the prospect of a good bargain.

Safety should be the consumer's first concern. Legal door-to-door sellers should be in possession of a licence issued by the Director for Consumer Affairs and should show it prior to commencing the sale. Sellers exempt from such a licence are those selling foodstuffs and drinks, and contracts having an overall price that does not exceed €46.59.

Unlicensed door-to-door sellers do not only commit an offence but are also liable to a fine, which might vary from €232.94 to €1,164.69, or imprisonment, or both. Furthermore, any transactions carried out with an unlicensed door-to-door seller will be considered as null and void. Hence, consumers have the right to refuse goods bought within one month from the date of delivery.

Consumers who are simply not interested in what the door-to-door seller is offering should never feel uncomfortable to say 'no'. If, on the other hand, they decide to buy, they should first gather as much information as possible about the product/service they are interested in and should also make sure that everything they have agreed to with the salesperson is put in writing. Every sale done on the doorstep should be finalised in writing, with specific details, including:

• Date and place where the contract is 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 door-to-door seller or person by whom he is employed.

• Description of the goods/services sold.

• The price and terms of payment.

• Time stipulated for the delivery, which will, in no case, be later than 60 days from the date of the private writing.

• The signatures of both consumer and door-to-door seller.

A door-to-door seller is obliged by the Doorstep Contracts Act to provide clients with all this information. Legally, consumers also have the right to be informed about the right to cancel such a contract during the cooling-off period. This amounts to 15 days upon signing a doorstep contract, unless the product/service is delivered to the consumer before the expiration of this period. By law, the seller must also provide a cancellation form with all the details about how to cancel the contract.

Cancellation may, in fact, be made in any manner, either by word of mouth, telephone, fax, or by simply submitting the form. However, the safest ways to cancel such contracts is by filling in the form and delivering it by hand or sending it by registered post to the door-to-door seller.

customer@timesofmalta.com, odette.vella@gov.mt