Consumer and Competition Division advice on doorstep sales
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No person may act as a door-to-door seller unless he is in possession of a licence issued for such purpose by the Director of Consumer Affairs.
The door-to-door seller who calls at the home or place of work of a consumer for the purpose of negotiating a doorstep contract or for an incidental or related purpose must identify himself and clearly state that he is a door-to-door seller, and provide a clear explanation to the consumer about the consumer’s right to cancel a doorstep contract by means of the cancellation form that is to be attached to the doorstep contract.
The consumer is entitled by right to request the door-to-door seller who calls at his home or place of work to negotiate a doorstep contract or for an incidental or related purpose, to leave that place.
No door-to-door contract made by or through a door-to-door seller shall be valid unless it is concluded by a private writing. A cancellation form shall be attached to the copy of the private writing retained by the consumer.
The consumer may cancel the doorstep contract within fifteen (15) days from the date of the private writing. Provided the intention to cancel is made clear to the door-to-door seller by the consumer, cancellation of the private writing may be effected by the consumer by word of mouth, by means of telephone or telefax message, or by the delivery either by hand or by ordinary or registered post at the permanent address of the door-to-door seller or trader of a notice of cancellation form signed by the consumer or by a person duly authorised to represent him.
Where the doorstep contract has not been cancelled by the consumer he/she may be requested to pay a deposit not exceeding ten per cent (10%) of the price but shall not be requested to pay any other part of the price before the delivery of the goods, and where the goods are delivered in parts, no payment shall be demanded except as represents the price of the part delivered.
Where the consumer has not cancelled the doorstep contract within the above-mentioned fifteen (15) days term, he/she shall not have the right to cancel the doorstep contract without just cause, unless such right is stipulated in the private writing.
The consumer shall have the right to cancel a doorstep contract for a just cause, or because of the violation by the door-to-door seller of his obligation not to request more than ten per cent (10%) of the price upon expiration of the above-mentioned fifteen (15) days from the signing of the doorstep contract and/or for having requested the consumer to pay any other part of the price prior to the delivery of the goods.
Any clause in the private writing which:
1. requires the consumer to pay any form of compensation if he exercises his right to cancel the doorstep contract, or
2. provides that any dispute arising therefrom shall be settled otherwise than by the competent court in Malta, or
3. purports to remove or reduce any of the rights given to the consumer by any of the provisions of the Doorstep Contract Act (Chapter 317 of the Laws of Malta), or to limit or remove the competence of local courts or tribunals, shall be void.
For more information kindly contact the Consumer and Competition Division on 21446250-5.
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