Unsolicited consumer agreements
From telemarketers or door to door traders
An unsolicited agreement occurs when:
- a supplier/salesperson approaches or telephones you without you having invited this contact;
- negotiations take place over the phone, or in person at a location other than the supplier’s premises; and
- the total value of any agreement made as a result of the contact is more than $100, or the value was not ascertainable at the time the agreement was made.
The law gives you certain protections when you agree to buy something from a seller who uses unsolicited marketing approaches. One of the key protections is a cooling-off period of 10 business days during which you can reconsider the purchase. Until 31 December 2011, supplying goods to a consumer during the cooling off period is permitted in Western Australia.
During the cooling-off period, the supplier must not provide any services; any goods priced over $500, or accept any payment. This does not apply to sales for the supply of electricity or gas to premises not already connected to such services.
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. To make sure things run smoothly use the Australian Competition and Consumer Commission’s 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.
This section addresses the following issues: