Specific rules provide consumers with additional protection when sales contracts are concluded away from the traders’ business premises. Off-premises sales include sales contracts concluded at consumers’ homes, place of work, or in the street. Sales contracts concluded at the seller’s business premises immediately after the seller has communicated with the consumer outside the business premises, are also considered off-premises.
Before concluding an off-premises sale, consumers must be provided with specific information such as: a detailed description of the main characteristics of the goods or services offered for sale; the identity of the trader and their contact details; the total cost, inclusive of taxes; and the arrangements for payment, delivery and performance. The presale information must also include a reminder of the existence of a legal guarantee of conformity for goods.
In addition, consumers must be informed about their legal right to a 14-day withdrawal period during which they can change their mind and cancel the sale. In situations where consumers are not informed about their right to cancel the off-premises contract, this legal right is automatically extended to 12 months. If during this time consumers are informed about their cancellation rights, the withdrawal period will expire 14 days from the day consumers receive this information.
Consumers must also assume a number of responsibilities when making off-premises purchases. In the first instance, they must read and understand the terms and conditions they are agreeing to. Consumers must also ensure that the products provided to them are free from defects and must decide whether they are going to keep the goods.
If they decide to exercise their right of withdrawal, it is important that consumers do not use the goods or the trader may claim compensation for diminished value.
Should consumers change their mind about the purchase made, they are responsible to do so within the 14-day time-frame and to inform the trader about their decision in writing. The seller is then obliged to reimburse consumers the money paid within 14 days. Furthermore, it is the trader’s responsibility to collect any unwanted goods if this was part of the sales agreement or if the goods delivered cannot be returned by post.
Off-premises sellers should be aware that they are not allowed to request any deposits or payments before the goods ordered are delivered. Where the goods are delivered in parts, traders can only request the payment that represents the price of the part delivered.
If the trader wants consumers to pay a deposit on the order made, this cannot exceed 10 per cent of the total amount due and may only be requested after the 14-day cancellation period expires.
There are certain off-premises contracts that cannot be cancelled. These include: goods that are made to consumers’ specifications or clearly personalised; goods that are likely to deteriorate or expire rapidly; unsealed goods that are unsuitable for return due to hygiene reasons also cannot be returned.
The same applies to services that have been performed with the consumers’ consent, and digital content that has been downloaded following the consumers’ express agreement to lose the right of withdrawal once download starts.
Also excluded is the provision of accommodation, transport of goods, car rental services, catering or services related to leisure activities if the sales contract provides for a specific date or period of performance.
Any problems consumers encounter in relation to off-premises sales contracts may be reported to the Office for Consumer Affairs at the MCCAA for guidance and assistance.
Odette Vella is director, Information and Research Directorate, MCCAA
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