【CCL资料】CCL Business 商业背景知识音频资料（四：door to door sales）
Updated: Oct 19, 2019
（二：Renting a home）
door to door sales 上门推销
door to door sales
1. Door-to-door sales explained
A door-to-door sale is a type of 'unsolicited consumer agreement' - this is an agreement for a business to supply products or services to a consumer.
Unsolicited consumer agreements occurs when:
• negotiations for a sale take place somewhere other than the seller's place of business (for example, at a consumer’s home or on the phone), and
• the seller or the agent approaches the consumer uninvited, and
• the total value is more than $100 (or cannot be determined when the agreement is made).
The sections below detail consumer rights regarding such agreements.
If consumers initiate or ask somebody to visit them at home (for example, calling an electricity company to discuss changing providers, and asking for an agent to visit) this is not considered an unsolicited consumer agreement. In such cases, consumers do not get the same rights, such as a cooling-off period.
However, in these cases, consumers still have other rights; for example, those relating to misleading and deceptive conduct.
2. Door-to-door sales hours
Door-to-door sales are only permitted between:
• 9:00 am and 6:00 pm Monday to Friday
• 9:00 am and 5:00 pm Saturday.
They are prohibited on Sundays and public holidays.
However, a supplier or agent may visit a consumer at any time if the appointment has been made with the consumer's consent.
3. Rules for door-to-door salespeople/Disclose purpose and show identification
The salesperson must:
• explain up front the purpose of the visit
• show identification, including their name and address
• provide the name and address (not a PO Box) of the supplier the salesperson represents.
4. Cease to negotiate
A salesperson must also explain that they are required to leave upon the consumer's request.
When a salesperson is told to leave, they must not contact the consumer again for at least 30 days about the particular product or service they were selling during the visit. However, a salesperson can visit the same consumer again about the sale of products from a different supplier.
-Inform the consumer
The salesperson must:
• give the consumer a written copy of the sales agreement as soon as it has been signed
• inform the consumer of their cooling-off rights and how they can end the agreement
• not attempt to get the consumer to waive their cooling-off rights.
It is an offence to induce, or attempt to induce, consumers to waive their rights.
6. Sales agreement document
Consumers must be given a written copy of the agreement as soon as it has been signed.
The agreement document must:
• be transparent - expressed in plain language, legible and clear
• be printed - although any changes may be handwritten (provided these are signed by both parties)
• be signed and dated by the consumer on the front page.
-Required inclusion: Cooling-off statement
The document must include the following text on the front page:
Important Notice to the Consumer
You have a right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement.
Details about your additional rights to cancel this agreement are set out in the information attached to this agreement.
-Required inclusion: terms, charges and rights
The agreement document must clearly state:
• the consumer’s cooling-off rights (right of termination)
• the full terms of the agreement
• the total price payable, or how this will be calculated
• any postal or delivery charges.
-Required inclusion: contact details
An agreement signed by a salesperson on the supplier’s behalf must state:
• that the salesperson is acting on the supplier’s behalf
• the salesperson’s full name
• the salesperson’s business address (not a post office box) or residential address; and
• the salesperson’s email address (if they have one)
• the supplier’s name and business address (not a post office box), or residential address
• the supplier’s email address and fax number (if available).
• the supplier’s Australian Business Number (ABN) or Australian Company Number (ACN)
7. Cooling off or termination
Consumers have 10 business days to reconsider a door-to-door sales agreement, during which they can cancel the agreement without penalty. This is called the termination period or cooling-off period.
The cooling-off period begins on the first business day after the agreement was made.
Before any agreement is made between the salesperson and the consumer, the salesperson must inform consumers of their cooling-off rights, and how they can exercise their right to terminate the agreement.
The agreement document must be accompanied by a notice that may be used to terminate the agreement (cool off). This notice must include the supplier’s details, including:
• name and business address (not a post office box number)
• ABN or, if they have one, ACN
• fax number and email address, if they have these.
8. Restrictions during the cooling-off period
During the cooling-off period, a supplier must not:
• supply any products priced over $500 relating to the agreement
• supply services relating to the agreement
• accept or require any form of payment.
Products priced at $500 or less may be supplied, as can electricity or gas to premises not already connected to such services. Products over $500 or services supplied during the cooling-off period are considered unsolicited supplies and consumers are not liable to make any payment for them.
CCL business 4 door to door
告知如果您让他们离开，他们必须离开(如果您让销售人员离开，他们至少在 30 天内不能再联系您)
有人会来到您家门口并自称来自某个政府部门，比如Australian Taxation Office或Centrelink。
如果您同意向上门销售人员购买价值超过100澳元的商品或服务，那么您可在10 个工作日 内反悔。这段时间称为“冷却”期。如果在此期间，您认为合约不适合您，您可以取消购买，无需支付任何费用。