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When a sale is made or negotiated at a customer's home, workplace, expo, fair or field day, it could be subject to the door-to-door sales laws.
Over the years, there have been complaints to consumer affairs agencies about questionable practices by door-to-door sales people.
If you plan to sell door-to-door you should follow these steps:
- contact the Office of Consumer and Business Affairs to find out about your legal obligations
- have proper ID for you and your sales people identifying the person, the company and its address
- fully explain the contract to customers before they sign
- tell customers about the 10-day cooling-off period for goods and services worth more than $50.00. If proper documentation is not used, or money or goods change hands, the customer may be entitled to a cooling-off period of six months. If consumers decide to cancel the contract during the six-month cooling-off period, all money must be refunded and consumers must return the goods
- give customers all documents listing their rights, a copy of any contract, and cancellation documents
- do not take any money or deliver any goods during the 10-day cooling-off period.
Information you must provide
By law you must provide the following information:- a copy of the contract
- a document containing details of the 10-day cooling-off period for goods and services worth more than $50.00, together with the appropriate form explaining how to cancel the contract and the cancellation (rescission) form itself.
You must not engage in misleading, deceptive or unjust conduct in relation to the sale and you must comply with the credit laws.
What is a cooling-off period?
With door-to-door sales, including those made through telephone soliciting, customers have 10 days from the date of signing a contract to decide to cancel the sale. If you fail to give customers proper documentation, they may be entitled to a cooling-off period of six months.Once this time has passed, the customer is bound to the contract.
Cancelling a contract?
If a customer decides to cancel a contract during the cooling-off period, notice must be given in writing. Make sure your documentation is clear and understandable.
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Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html
Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
Webmaster
If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html