Under the Australian Consumer Law which came into effect on 1 January 2011, you have extra protections and rights when you buy goods and services from a door-to-door salesperson.

Door-to-door sales checklist for consumers

To make sure things run smoothly use our checklist when a salesperson comes to your door. If you think a salesperson has breached the law or if you need more information contact the ACCC Infocentre on 1300 302 502.

1. Did the salesperson come at the right time?

By law, door-to-door salespeople are not allowed to visit you:

• on Sundays
• on public holidays
• before 9am or after 6pm on weekdays
• before 9am or after 5pm on Saturdays.

2. Did they identify themselves?

Check the salesperson’s identity card. By law they must tell you:

• their name
• the name and address of the organisation they represent
• purpose of the visit

3. Did they tell you that you could ask them to leave?

The salesperson must:

• tell you that you can ask them to leave.
• leave immediately if you ask them to and not return for 30 days.

4. Did they tell you about your cancellation rights (‘cooling-off’)?

The salesperson must tell you about your cooling off rights before you sign the agreement:

• you can change your mind and cancel the contract for any reason without penalty within 10 business days - this is called a ‘cooling-off’ period.
• the cooling-off period applies to goods or services that cost over $100.
• if you bought goods that cost $500 or less, the salesperson can supply these goods immediately to you during the cooling-off period but you still have the right to cool-off.
• the salesperson cannot take payment during the cooling-off period for any goods or services and cannot supply any services.
• before you sign an agreement, the salesperson has to tell you how you can exercise your cooling-off rights.

5. Was the sale agreement clear?

Your signature is valuable. You don’t have to agree to anything on the spot. Don’t sign anything if you don’t fully understand it or if you feel pressured.

The sale agreement must:

• be written in plain, clear language.
• be printed (changes may be handwritten and signed)
• be signed by you and the trader. The front page must have your signature and the date you signed.
• set out the full terms and conditions of the agreement
• state the total price payable or how this will be calculated, as well as any delivery or postal costs.
• clearly state on the front page that you have the right to terminate the agreement (or cool-off).
• be accompanied by a form that you can use to cancel the agreement during the cooling-off period.
• clearly set out in full the supplier’s name, ABN or ACN if they do not have an ABN, their business address, email address and fax number.

6. Did they give you a copy of the sales agreement document?

The salesperson must give you a copy of the agreement immediately after you sign it.

Cooling-off

7. Do you want to cool-off?

If you sign a sale agreement and then change your mind:

• the salesperson must not try to convince you to waive your rights to cool off.
• you have 10 business days, starting the first business day after you sign the agreement to cool-off. If you think the salesperson has breached your legal rights contact the ACCC Infocentre on 1300 302 502 as you may be entitled to a longer cooling off period.
• you can terminate the agreement verbally or in writing any time during the cooling-off period. Written termination can be delivered personally, sent via post, emailed or sent via fax.
• the agreement will be cancelled from the day you give notice.
• the trader must promptly return or refund any money paid under the agreement or a related contract.
• for goods bought on credit or finance, the trader must contact the credit provider and arrange for cancellation.
• even if you have partially or completely used the goods supplied by the salesperson under the agreement you still have cooling-off rights during the specified period.

8. What to do after you cool-off

• if you were given any goods, you must return them (or what remains of them) within a reasonable time or tell the supplier where to collect them.
• if you have not taken reasonable care of the goods, the supplier can seek compensation for depreciated value.
• you do not have to pay compensation for normal use of the goods or circumstances beyond your control.
• if the supplier does not collect the goods within 30 days of termination, then you can keep them.

9. What if you cancel the agreement after the cooling-off period?

If you cancel the agreement outside of the cooling-off period and you return the goods to the supplier or the supplier collects the goods you will be responsible to pay compensation for damage to or depreciation in the value of the goods.

Check out Consumer Protection WA’s ‘Don’t Come Knocking’ Australian Consumer Law song

Published on Youtube Jul 2, 2012 by ConsumerProtectionWA

An Australian Consumer Law song written and produced by ABmusic students Anaiwan Beal, Japeth James and Rebecca Spratt. Performed by Candice Dempsey. Didge by Michael Fuller.