UNSOLICITED SALES TRANSACTIONS UNDER AUSTRALIAN LAW

 

The consumer law offers protection against the unsolicited sales and the selling practices including the right to ask the dealer to leave the premises and to restrict the calling in certain hours. The unsolicited consumer agreement law contains the supplier’s obligation about the way the consumer is approached, the supplier obligation on the post-contractual behavior and the consumer’s right. The Australia consumer law comprises of a single law which covers unsolicited sales that include door-to-door sales and other forms of selling that do not take place in a retail context.  According to the Australia consumer law, the unsolicited consumer agreement has four elements which are as follows. The agreement must be for a supplier to a consumer, the agreement must have resulted from negotiations, the consumer must not have invited the dealer and the total price paid under the agreement is over $100 and cannot be determined at the time when the agreement was made.  A supplier is liable for the actions in cases where the dealer is not the supplier. According to Australia consumer law (ACL), a dealer is prohibited from calling a consumer on Sundays and public holidays. A dealer who calls a consumer must clearly state the purpose of making a call and identify the identity before commencing the negotiations.  Prior to the agreement, a dealer must give the consumer information about the consumer’s right to terminate the agreement and the ways to exercise those rights.  There are formal requirements that a valid agreement should possess. First, an agreement should be printed and must state the full business name,   address, fax number and email address. The agreement must be transparent and signed by the consumer and a person on behalf of the supplier.

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