Door-to-door sales, telemarketing and travelling traders
Your rights when dealing with door-to-door traders and telemarketers (telephone salespeople) are different to online or in-store shopping because they start off the contact—you don't seek out their business.
Door-to-door sales and telemarketing agreements are 'unsolicited consumer agreements', which apply when:
a business (or their representative/agent) approaches you without your invitation—this can be at your home or in a public place like the common area of a shopping centre, and
the transaction is more than $100 or has an unknown price.
Travelling (itinerant) traders might also approach you offering to do work at your home. There are also rules around how they can do business with you.
Door-to-door and telemarketer sales rules
Read the following rules to learn about your rights when dealing with door-to-door salespeople and telemarketers.
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Door-to-door salespeople and telemarketers can contact you:
between 9am and 6pm (8pm for telemarketers) Monday to Friday
between 9am and 5pm on Saturdays.
They can't contact you outside these times, including on Sundays or public holidays.
These hours apply even if the transaction is less than $100.
A door-to-door salesperson or telemarketer must explain:
the purpose of their visit or call
you can ask them to leave or end the call at any time
your cooling-off rights.
They must also show you their identification (ID) (where relevant).
If you enter into an agreement (or contract), the salesperson must give you a written copy of it immediately for door-to-door sales or within 5 business days for telemarketing sales.
The agreement/contract must:
be signed
state that the salesperson is acting on behalf of a business
outline the total cost, including delivery fees and GST
You always get a cooling-off period when you spend more than $100 on a door-to-door or telemarketing sale (except during a natural disaster—see below).
This means you have 10 business days to change your mind for any reason, without penalty.
You can cancel the contract without penalty up to 6 months after signing it if the business breaks the rules for unsolicited sales, particularly the rules around agreements and cooling-off periods.
During the 10-day cooling-off period, businesses can't:
supply goods valued $500 or more (they can supply anything under $500 right away)
supply services, regardless of the value
take any payment or deposit, even if they've supplied the goods.
You don't own any goods during the cooling-off period unless you've paid for them, even if the business has already supplied them. You must keep the items in good condition in case you choose to cancel the agreement within the cooling-off period.
If you cancel during the cooling-off period, the business must be able to collect the goods from you within 30 days—if they don't show up you can keep them free of charge.
Note that during declared natural disasters the contractual cooling-off period for work associated with the disaster doesn't apply.
How to protect yourself in door-to-door or telemarketing sales
Be firm and don't let salespeople talk you into something you don't want, need or can't afford—if you shop around you might find it cheaper somewhere else.
Order a free Do-not-knock sticker or call us and we'll post you one—if you display it the salesperson must not approach your door.
Ask the salesperson to leave—even if you don't have do-not-knock sticker, they must leave your property if you ask them to.
Tell the telemarketer you’re not interested and want to go—telemarketers must end the call right away if you say this.
Ask for ID—don't employ anyone who doesn't have proper ID.
Make sure you get a written agreement when buying anything over $100.
Never sign a contract unless you're sure you want the product or service and you're clear about everything you'll have to do.
Travelling traders
Be wary of travelling (itinerant) traders who pretend to be genuine and licensed—they can use tricks to get you to hire their services.
For example, they may:
pressure you into deciding on the spot with a special one-off or today-only deal—this is illegal as they must give you a 10-day cooling-off period to change your mind
ask for cash up front and offer to drive you to the bank to get the money to pay them—it's illegal for them to take any payment or start work during the cooling-off period
make you think you really need their service
tell you a hard luck story.
If you accept offers from travelling traders you're taking a risk. You might be left with sub-standard work or an unfinished job, be unable to contact them once they've been paid, or have to spend more hiring a genuine tradesperson to repair their work.
How to protect yourself from travelling traders
If you're approached by a travelling trader:
don't pay for anything upfront (even materials)
demand a quote and a receipt showing their name and address