Get out there - January 2012 |
Welcome to the Get out there newsletter. Did you splurge on the post-Christmas sales this year? This month we offer tips about consumer guarantees for all those sale items you purchased, and provide helpful information about door-to-door and telemarketing sales.
Consumer guarantees
With the post-Christmas sales a large event in the shopping world, it is important to understand the guarantees you have as a consumer. The law automatically provides you with guarantees on certain goods and services you purchase.
You are guaranteed that the goods you buy:
- are of acceptable quality
- match the description, sample or demonstration model you were shown
- are fit for their intended purpose
- have clear title, unless otherwise stated
- do not have any undisclosed securities (money owing on them)
- come with a right to undisturbed possession
- will have spare parts and repairs available for a reasonable amount of time after you buy them
- will have express warranties honoured.
You are guaranteed that the services you buy are:
- provided with due care and skill
- fit for purpose
- completed within a reasonable time.
If a good or service fails to meet a guarantee, you have rights against the business you purchased them from. For more information about guarantees, visit the Fair Trading website.
You can also download the Office of Fair Trading's free BuySmartQLD app for iPhone and Android mobile devices. This handy app gives you round the clock access to info on your consumer rights.
Door-to-door and telemarketing sales
Are you tired of fighting the crowds at the post-Christmas sales? Door-to-door and telemarketing sales are two ways that businesses can sell you a product or service without you leaving your home. You have extra protections when making purchases in this way. These types of sales are called ´unsolicited consumer agreements´.
An agreement is unsolicited when:
- a business or their agent approaches or telephones you without an invitation from you
- it results from negotiations by telephone or at a location other than the business´ premises
- the total value is more than $100, or the value was not established when the agreement was made.
A salesperson who visits you is required to:
- explain upfront the purpose of the visit and produce identification
- inform you that you can ask them to leave at any time
- leave the premises if you ask them to do so
- explain your cooling-off rights
- give you a written copy of the agreement
- provide their contact details in the agreement.
If you agree to a contract, you have 10 business days in which to change your mind and cancel the contract without penalty.
You cannot be contacted:
- on a Sunday or public holiday
- before 9 am or after 6 pm (8 pm for telemarketing) on a weekday
- before 9 am or after 5 pm on a Saturday.
These hours apply to all door-to-door and telemarketing sales, regardless of the sale value.
The Office of Fair Trading takes complaints about door-to-door traders seriously. Door-to-door sellers must leave when you ask them to. If they do not leave, call the police and report them to us by calling 13 QGOV (13 74 68) or by filling out the online form.
Do Not Call register
The Do Not Call register is a free service whereby consumers can register their phone, fax, or mobile numbers to reduce unwanted telemarketing calls and faxes. The register recently passed its 7 millionth Australian registered number in less than five years, with more than half of Australian home landlines now on the register. Those on the register report that it´s highly effective in reducing the amount of unsolicited telemarketing, with recent research showing that almost 90% report a reduction.
A telemarketer who calls a number on the Do Not Call Register may be breaking the law and may face penalties. However, some organisations do not have to comply with the Do Not Call register. These include:
- market research companies (those conducting surveys that do not lead to a sales call)
- charities or charitable institutions
- educational institutions
- religious organisations
- government bodies
- political parties, candidates or independent members of parliament
For more information about telemarketing visit the Fair Trading website. To place your phone number on the national Do Not Call register, visit the Do Not Call Register website.
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Last reviewed 16/01/2012 |
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