Buying on the doorstep – what are my rights?

When a well-rehearsed and chatty sales representative arrives on your doorstep, it can be very easy to be drawn into their message. Many people find themselves signing up for products or services they neither wanted nor needed in the heat of the moment and later come to regret their decision. So what rights do you have and how easily are you able to withdraw from a transaction such as this?

The Law
It is a legal requirement under the Sale of Goods Act that, where products or services over the value of £42 are sold to a customer off trading premises, such as at the customer’s home or an office, or even by telephone, information as to how to cancel must be provided at the same time. If a seller does not inform a customer of their rights to cancel, they may be fined up to £5,000.

Before any orders can be placed, a seller must provide information such as:

• a business name and contact information;
• full descriptions of goods or services;
• all applicable pricing information;
• payment and delivery terms;
• how the customer can cancel.

Once an order has been placed, the seller is still under an obligation to supply further information to you, including:

• information as to the product purchased, its cost and when it will be delivered or supplied;
• terms of the contract and how it can be terminated;
• contact details for any complaints that the customer wishes to make;
• telephone helpline charges which are more than a standard call to an 01, 02 or 03 number.

These legal obligations apply to a broad range of doorstep sellers, including those offering home and garden improvement services, household items, nutrition and health products, gas and electricity supplies and disability aids.

Cancelling the contract
If you decide you do not want goods after they have been delivered, by law you have a period of 14 days from the date of delivery within which to send them back. This is known as the ‘cooling-off period’.

If you have entered into a contract for the supply of services, such as works to your property, you have 14 days from the date of the contract within which you can cancel. Where services were to start immediately, you are still entitled to cancel within 14 days but be aware that you may not receive a full refund as the seller is entitled to retain money for the services already provided to that point.

The seller should supply you at the point of the sale with details of how to cancel, including copies of any forms required if necessary. It is a criminal offence for this information not to be provided.

Unfair practices
You may feel that you have been misled in some way, or that you were put under too much pressure by the seller to sign up to a product or service. For example, you may feel that the seller was too aggressive, that they misled you by failing to tell you important information or that they gave you false information about their company’s credentials. If this is the case, you should firstly report the trader to Trading Standards. You may also be able to ‘unwind’ (or undo) the contract, obtain a refund and make a claim for compensation where you have lost money.

How can I stop cold-calling?
You can prevent unwanted sales telephone calls by registering with the Telephone Preference Service; to register, call 0845 070 0707 or visit www.mpsonline.org.uk.

Local communities can also make an area a ‘No Cold Calling Zone’, a scheme established by Trading Standards and the police. You may need to pay a small sum for street signs and door stickers.

McCarthy Bennett Holland is able to advise on the terms of your contract and can assist in making a claim for compensation where you have suffered financial loss.