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Fair Trading Act 1986

Consumer transactions and auctions - Uninvited direct sales

36M: Cancellation of uninvited direct sale agreement by consumer

You could also call this:

“You can cancel a sale if someone comes to your house to sell you something”

You can cancel an uninvited direct sale agreement by telling the seller you want to cancel. You can do this in two ways:

  1. Within 5 working days after you get a copy of the agreement.
  2. At any time if the seller didn’t follow the rules in section 36L (except for what’s allowed in section 36N(2)).

You can cancel the agreement in any way that shows you want to cancel. This can be by talking to the seller or in writing.

When you tell the seller you want to cancel, you need to use the contact details they gave you when making the agreement. If you and the seller agreed on a different way to communicate, you can use that too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156641.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
Previous

36L: Disclosure requirements relating to uninvited direct sale agreements, or

“Rules for sellers when they make unexpected sales to you”

Next

36N: Enforcement of uninvited direct sale agreement by supplier, or

“Rules for sellers who come to your home or work without invitation”

Part 4A Consumer transactions and auctions
Uninvited direct sales

36MCancellation of uninvited direct sale agreement by consumer

  1. A consumer may cancel an uninvited direct sale agreement by giving notice of the cancellation to the supplier—

  2. within 5 working days after the date on which the consumer receives a copy of the agreement; or
    1. if the supplier has failed to comply with section 36L (except to the extent provided for in section 36N(2)), at any time.

      1. Notice of cancellation may be expressed in any way (including oral or written) that shows the intention of the consumer to cancel or withdraw from the agreement.

      2. For the purposes of subsection (2), the consumer must communicate with the supplier—

      3. by way of the contact details provided in accordance with section 36L(2)(a)(iii); or
        1. in any other way agreed to by the consumer and the supplier.

          Notes
          • Section 36M: inserted, on , by section 23 of the Fair Trading Amendment Act 2013 (2013 No 143).