Unsolicited consumer agreements (face-to-face) |
A door-to-door vacuum cleaner salesperson came to David´s home at 5.30 pm one evening. The salesperson offered to check David´s current vacuum cleaner for electrical safety.
David agreed and the salesperson entered his home. The salesperson then asked if he could demonstrate a model of vacuum cleaner that his company was selling.
The salesperson used high-pressure tactics to try and convince David to buy the vacuum cleaner. The demonstration lasted nearly three hours and the salesperson told David that his home was filthy because he needed a new vacuum cleaner.
David repeatedly asked the salesperson to leave his home but he refused, saying that his lift hadn´t arrived yet. He said that if David didn´t buy the vacuum cleaner, his wife and children would go hungry.
David agreed to purchase the vacuum cleaner to get the salesperson out of his house. The salesperson left the vacuum cleaner with David and said he would pick up the money the next day.
The salesperson did not provide David with a cancellation form which would have allowed David to cancel the contract within the cooling-off period.
After David slept on his decision, he decided he no longer wanted to buy the vacuum cleaner.
When the door-to-door salesperson returned the next day for his money, David told him that he no longer wanted to go through with the sale. The salesperson became upset and refused to accept the vacuum cleaner back. He said that he would contact a debt collection agency if David did not pay the money.
David got the salesperson´s company details and then insisted that he leave.
What should David have done differently?
If David felt pressured by the salesperson, he should have insisted that he leave. Salespeople must leave your home if you ask them to.
If the salesperson did not leave when asked, he would be acting illegally. In this situation, David could call the police and report the problem to us.
Was David allowed to cancel the contract?
With any door-to-door sale where the goods or services more than $100, David is entitled to a 10 business day cooling-off period. At any time during the cooling-off period, David may give notice to the company to terminate the contract.
He must also make the vacuum cleaner available for the company to pick up.
What action did he take?
After speaking to us, David discovered that the salesperson should have given him a written agreement.
David phoned the company and told them he was terminating the agreement. The company representative made arrangements to collect the vacuum cleaner and promised that the salesperson would be disciplined.
Learn more about door-to-door sales.
Last reviewed 30/11/2011 |
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