Uninvited Direct Sale Agreement

Special rules apply to unsolicited direct sales, for example. B door-to-door sales, mail order sales and sales of infomercials. The Fair Trading Act offers you special protection if you are buying goods or services in an unsolicited direct sale and the price is over $100 or is not yet known. During an unsolicited direct sale, a salesperson came to your home or workplace or called you without doing so. In these cases, you have the right to withdraw from the contract and, if you have already paid part or all of the price, to recover your money. The rules also apply to all agents you employ or commercial agents who employ you and sell in this way. It is your responsibility to make sure they know the rules and comply with them. If the seller has provided a service without first sending your consent, terminate and do not have to pay. If your property has been altered or damaged, you can require the seller to return it to its original condition. When negotiating a sale, you or your trading agent must: The Fair Trading Act applies to all unsolicited direct sales for which the price to be paid is more than $100 or if the price is uncertain at the time of delivery.

After expiration, a contract is only applicable if it contains the necessary information and you have made it available to the consumer. For example, an agreement that is not dated and is not written in a simple format in a clear and readable format may not be applicable. If you buy goods or services from a door-to-door seller or someone who called you to make the sale, the law offers you additional protection. These types of sales are called unsolicited direct selling contracts. It will still be an «unsolicited» direct sale, even if: by the same supplier to the same consumer (who are parties to the existing contract); and if the agreement is unclear or does not contain the right information, but the problem is minor and does not affect the consumer (e.g. B the provision of a written copy of the contract one day too late), the contract may still be enforceable. However, we recommend that all companies fully comply with the disclosure provisions to avoid any doubt. We implement the Fair Trading Act, which gives consumers rights to unsolicited direct sales. We may investigate a company and take enforcement action in the event of allegations of a breach of the law. You can only impose an unsolicited direct sales contract after the expiry of the withdrawal period. In other words, you cannot insist that a consumer make payments until the expiry of the 5-day withdrawal period.

In this subsection, an unsolicited direct sales contract means a contract for the supply of goods or services to a consumer in commerce – The rules applicable to unsolicited direct purchase agreements cover what you need to tell consumers when you negotiate the sale, what information you need to disclose and how. There are also rules on how and when the customer can terminate the contract and when you can apply it. . . .