Food supplements, beauty products, press subscriptions, toothbrushes, health tests and much more are offered for sale over the phone. Although the prices of the offered products or orders are usually not high, it is often a standing order, which means for the consumer to consume new products or services every month. Also monthly bills.
Kristina Tammaru from the Office of Consumer Protection and Technical Supervision explains how to avoid making an unwanted order, what to do to cancel the purchase and whether the law protects the consumer from aggressive sales.
“I really didn’t want to order these supplements”
Offers made over the phone catch the consumer off guard. A sales call can be pushy and persistent, so consumers may agree to try the offered products or services to end the call faster. It is often regretted later.
Another problem is that the consumer and the seller often have different understandings of what is agreed over the phone. Also, during a telephone call, the consumer cannot make sure of the suitability and necessity of the goods or services and understand the conditions of the sales transaction. Therefore, special rules for telephone sales have been established by law to protect consumers.
What was agreed verbally on the phone must be confirmed in writing
Telephone sales are considered to be one type of contract concluded using a communication device, the requirements of which are established in the Law of Obligations Act. If the consumer verbally accepts the offer made over the phone, the contract is not yet concluded! The trader must also confirm what was said over the phone in writing, for example by e-mail or message, and the consumer must also give his consent to the order in writing. Only following receiving confirmation from the consumer via e-mail or message, the seller has the right to send the products to the consumer or start providing the service and demand payment for them.
If the trader has sent a message or letter with a request to confirm the conclusion of the contract in writing, the consumer should definitely take time and calmly consider whether he wants to buy and consume the offered goods or services and is ready to pay the bills in the agreed period. You should be sure that the information regarding the seller, the offered goods and the contract is understandable.
However, if the trader has not confirmed the agreement concluded over the phone with the consumer in writing, the goods delivered to the consumer are considered unordered. In such a situation, the trader has no basis for forwarding invoices to the consumer, and consumers do not have to accept the goods or pay the invoices.
The trader must introduce himself and the terms of sale
Unfortunately, consumers often do not know the name of the trader who called them or sent them the package. However, the law obliges the consumer to provide information regarding the trader’s business name and contact details in writing, for example via message or e-mail, before concluding the contract. The consumer must also be informed in writing where to send a complaint, if necessary, and the total price of the transaction and the duration of the contract. The right to cancel the order within 14 days must also be made known to the consumer.
What if the free trial packs turn into a paid monthly subscription?
Often, consumers write in their complaints that they were offered a free trial package over the phone that contained vitamins or nutritional supplements and was supposed to be completely free and not obligate new orders. However, the trader continues to deliver packages to the consumer.
A common misunderstanding in telephone sales is that the trader promises over the phone that the sample pack is free or that it is a one-time order. Unfortunately, new shipments are then sent to the consumer every month, as well as bills to be paid along with the packages. Traders justify this by the fact that by accepting a sample package, the consumer has agreed to a long-term contract, which includes monthly shipments, which are paid for. Such a trading practice is not fair and the consumer does not have to accept it.
A consumer who finds himself in such a situation should send a written complaint to the trader, indicating the absence of a written agreement or written order confirmation and his wish not to receive shipments or invoices. If the problem continues to be unresolved, the Consumer Disputes Commission can be contacted for assistance.
You can also withdraw from the concluded contract
If the consumer and the trader have reached an agreement on the delivery of the offered goods or services over the phone, and the contract has been properly concluded, because the consumer has confirmed the order in writing, the the consumer has the right to reconsider, withdraw from the contract and return the products within 14 days.
However, it is worth knowing that there is no right of withdrawal for certain types of goods and services. These include, for example, rapidly aging or perishable goods, goods delivered in closed packaging, which have been opened following delivery and which therefore cannot be returned for health or hygiene reasons. However, if the trader has not informed the consumer in writing regarding the lack of right of withdrawal before the purchase, the consumer has the right to return the previously listed goods as well.
In order to exercise the right of withdrawal, the consumer should send the trader a written request to withdraw from the contract, e.g. by e-mail, before 14 days have passed. Simply posting items is not enough. Upon receiving the withdrawal statement, the trader must return to the consumer immediately, but within 14 days at the latest, all fees paid by the consumer to the trader.
Be sure to remember:
- The consumer can answer “NO” to the sales call if he does not want the product or service offered.
- If the consumer has not returned the written confirmation to the trader following the call, then he has not ordered anything and the trader cannot demand payment of the invoice from the consumer.
- You do not have to pay for unordered goods, but you must respond in writing to the payment demands of the trader or debt collection company.
- In the case of unordered goods, the trader does not have the right to demand that the consumer send the parcels back and pay the return costs.
- The consumer can withdraw from the contract concluded via telephone sales within 14 days.
- 14 days start from the day when the consumer receives the purchased item.
- You do not have to pay for goods not received, but if the packages are not sent within the agreed time, the trader should be informed in writing and correspondence should be maintained.
2024-04-05 07:31:56
#Purchases #phone #consumers #rights
