People buying from door-to-door salespeople have some protections under the DOOR TO DOOR SALES ACT 1967. The provisions of the Act cannot be contracted out of.
The protection under this Act does not apply if:
If you have bought goods or services from a door-to-door salesperson under an agreement to which the Act applies, you have seven days in which to give written notice to the seller that you are cancelling the agreement.
The Second Schedule of the Act provides a form for a "Notice of Cancellation". However, the Act states that you do not have to use this form: it is sufficient if your notice, however it is expressed, indicates your intention to cancel or withdraw from the agreement.
The effect of the notice is that the agreement is rescinded as if it never had effect, and the seller is required to immediately repay you any money that you paid under the agreement. If the agreement was for the sale of goods and you have possession of them, then you have a right to keep the goods until the seller repays the money. If you have given any goods in part-exchange (that is, as a trade-in) for the goods you bought, the seller must also return those goods to you, or their value.
No, if you cancel you are under no obligation to return the goods: the seller must pick them up from your premises.
However, you must take all reasonable care with the goods for a period of 21 days after you cancel.
If you decide to buy goods from a door-to-door salesperson the purchase agreement must be in writing and must be signed by you and by the seller. It must contain the following information:
If the agreement is not in writing or the written agreement does not include all the above information, you may cancel the agreement at any time up to one month after agreeing to buy the goods.
It is illegal for salespeople to harass you or to remain in your house after you have asked them to leave. If this occurs you may make a complaint to the Police. If you are concerned about any aspect of a salesperson's behaviour you may also wish to inform the Consumers Institute (for contact details, see their website at www.consumer.org.nz).
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