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Fair Trading Act 1986

Consumer transactions and auctions - Uninvited direct sales

36Q: Consumer's obligations on cancellation of uninvited direct sale agreement

You could also call this:

“What you need to do when you cancel a sale from a door-to-door salesperson”

When you cancel an uninvited direct sale agreement, you have some responsibilities. If the seller has followed the rules, you need to let them take back any goods they gave you. They can collect these goods from the address you provided in the agreement at a time that works for both of you.

You need to take good care of these goods for 10 working days after you cancel the agreement. If you don’t let the seller take the goods back during this time without a good reason, you must keep taking care of them until you give the seller a fair chance to collect them.

You can choose to return the goods to the seller yourself. If the seller asks you to do this and arranges to collect them from you, they pay for it. If you decide to return them without the seller asking, you pay for it. Once the goods are collected or you send them back, you don’t have to take care of them anymore.

If you’re sending the goods back, you need to make sure they won’t get damaged on the way. If you’re returning them without the seller asking, you also need to make sure they actually get to the seller.

Remember, you don’t have to let the seller take the goods if they haven’t followed the rules. You also don’t have to deliver the goods to the seller or take care of them in any way that’s not mentioned here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156645.

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

36P: Supplier's obligations on cancellation of uninvited direct sale agreement, or

“What sellers must do when you cancel a door-to-door sale”

Next

36R: Compensation on cancellation of uninvited direct sale agreement, or

“Money rules when you cancel a surprise door-to-door sale”

Part 4A Consumer transactions and auctions
Uninvited direct sales

36QConsumer's obligations on cancellation of uninvited direct sale agreement

  1. On cancellation of an uninvited direct sale agreement in accordance with section 36M, the consumer must,—

  2. if the supplier has complied with section 36P, permit the supplier to take possession of any goods that have been provided to the consumer under the agreement—
    1. from the address provided by the consumer in the agreement; and
      1. at any reasonable time requested by the supplier; and
      2. take reasonable care of those goods, from the time that the consumer took possession of the goods until the end of 10 working days beginning with the date on which notice was given in accordance with section 36M.

        1. However, if, during the 10 working days referred to in subsection (1)(b), the consumer unreasonably refuses or fails to permit the supplier to take possession of the goods, the consumer's obligation to take reasonable care of the goods continues until the consumer has given the supplier a reasonable opportunity to take possession of the goods.

        2. Despite subsection (1), a consumer may, at the supplier's expense (if the supplier requests the consumer to return the goods and arranges for the goods to be collected from the consumer) or at the consumer's expense (if the consumer chooses to return the goods without a request being made by the supplier), return the goods to the supplier, in which case the consumer's obligation to take care of the goods ceases when the goods are collected from the consumer, or when the consumer sends the goods to the supplier, as the case may be.

        3. However, the consumer is under an obligation to take reasonable care to ensure that the goods will not be damaged in transit and, if the consumer chooses to return the goods without a request being made by the supplier, to also take reasonable care to ensure that the goods will be delivered to the supplier.

        4. To avoid doubt, a consumer is under no obligation—

        5. to permit the supplier to take possession of the goods if the supplier has failed to comply with section 36P; or
          1. to deliver, or to arrange delivery of, the goods to the supplier; or
            1. to care for the goods other than as required under this section.

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