Unsolicited consumer agreements (phone sales) |
A telemarketing company called Mary at 6:30 pm one evening. The telemarketer offered discount holiday vouchers to use at a Sunshine Coast resort during the Christmas holidays.
The telemarketer told Mary that the vouchers would cost $200, which was a tremendous saving for a five star resort stay that would normally cost $500. The telemarketer said the vouchers could be used anytime over the Christmas holiday period.
Mary agreed to purchase the vouchers. The telemarketer took Mary´s personal details and requested payment by credit card. The telemarketer promised the vouchers would arrive in the mail in a couple of days.
The telemarketer gave his company´s business details and explained that all Mary had to do to book her holiday was to call the resort directly and give them the code written on the vouchers.
The next day, while planning dates for her holiday, Mary realised she would not be able to use the vouchers and decided to cancel her agreement.
Mary rang the telemarketing company to tell them that she no longer wanted the vouchers. The company said it was too late to cancel as the vouchers had already been posted. Mary asked them cancel the agreement and refund her credit card. The company refused.
What are Mary´s rights in this situation?
Mary is legally entitled to a 10 business day cooling-off period. The cooling-off period applies to any unsolicited telephone call, where the goods or services are more than $100.
The telemarketer must also give Mary a written agreement within five business days of when she agreed to purchase the vouchers. Mary´s 10 business day cooling-off period starts on the first business day after she receives the written agreement. At any time during the cooling-off period, Mary may give either verbal or written notice to the company to cancel the agreement.
The telemarketer also committed an offence by taking a credit card payment within the cooling-off period.
Read more about telemarketing.
Last reviewed 30/11/2011 |
 |
