If you are a doorstep seller or a doorstep
buyer, read on to
find out your rights.
Doorstep sales your rights as a consumer
If you purchase goods or services from a doorstep
seller that cost more than £35, then the trader is required by law
to provide a written copy of your cancellation rights. This
should explain your rights to cancel the contract at the time that
the contract is made. These cancellation rights enable the
consumer/purchaser to cancel the agreement within seven days of
that agreement. If a trader fails to provide you with a
written notice, the agreement is not only null and void, but the
trader will also be deemed to have committed a criminal
offence.
Doorstep selling your duties as a trader
If you have sold goods or services over a doorstep that cost in
excess of £35, you must give written notice of a seven days cooling
off period to the consumer. The notice period
will commence on the day that the
cancellation rights document is received by the
consumer. A notice of the right to cancel must be dated and
provided to the customer at the time that the contract is
made. It must also contain certain specified information.
For traders, these Regulations apply to any contract where goods
or services costing over £35 are supplied to a consumer.
The Regulations set the cooling off period to seven days.
This period commences on the day that the cancellation
notice is received by the consumer. A notice of the right to cancel
must be dated and given to the customer at the time that the
contract is made and must contain certain specified information. An
example of a notice of the right to cancel can be found in the
attached Appendix A.
What are the consequences of not complying?
Failure to provide a notice of the right to cancel to your
customers is a criminal offence.
There are other laws and regulations that can directly apply to
sales made at the doorstep, in particular The Consumer Protection
from Unfair Trading Regulations 2008, the Supply of Goods and
Services Act 1982 (as amended), the Fraud Act 2006 and the Business
Names Act 1985.
Are there any exceptions?
Contracts under £35, for food and drink, or
those delivered by regular roundsmen and/or insurance
contracts are not protected by legislation. Additionally, if the
consumer cancels agreed work that has commenced within the
cooling off period, then the consumer will still have to pay
for the work carried out up to the point of
cancellation. This includes advertising, personalised and
perishable goods.
Where can I get more Doorstep Selling Guidance for
Business?
At the Department for Business Innovations and Skills.
