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Pre sale and sale requirements

Pre sale requirements

If a salesperson approaches you, other than by telephone, they must:

  • Clearly explain upfront the purpose of the visit and produce identification that includes, at least their name and the organisation they represent. 
  • Explain that you can ask them to leave
  • Inform you about your rights to terminate the agreement within the cooling off period before the agreement is made.

If you ask the salesperson to leave your premises, they must leave immediately and must not contact you again on the behalf of the same organisation for at least 30 days.

The sale agreement

If you agree to buy something from a salesperson who approaches you in person, you must be given a written copy of the agreement as soon as it is signed.

If you agree to buy something from a telemarketer you must be given a written copy of the agreement within five business days (can be extended if you agree), of the agreement being made. You can request to receive the agreement in person, by post or electronically.

The sale agreement must:

  • Be expressed in plain language, legible and clear
  • Clearly explain your cooling off and termination rights
  • Clearly state the full terms and conditions, the total price payable (or how this will be calculated), any delivery or postal charges and the trader’s contact details
  • Signed by both parties
  • Printed - although any changes may be handwritten and signed.

The front page of the agreement must include your signature and that date it is signed. The following text must also appear on the front of the agreement:

‘Important Notice to the Consumer

You have the right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement.

Details about your additional rights to cancel this agreement are set out in the information attached to this agreement.’

The contract must also be accompanied by a form that you can use to terminate the contract during the cooling off period.

Related topics on the ACCC website

Know your rights when a salesperson knocks in Direct marketing and selling

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