ACT No. VII or 1987 A N ACT IQ regulate the UC/;";Iie,< of DQor-to-OQ()' So/esmcn.

I assent.

(L.S. )

AG ATI IA B AIU IARA

President

4th February. 1987

ACT No. VII or 1987

A N ACT IQ regulate the UC/;";Iie,< of DQor-to-OQ()' So/esmcn.

13E IT ENACTED by the President, by and with the advice and

consent of Ihe House of Representatives. in this prese nt Parliament

a~sembled. and by the authority of the same, as follows: -

L T his Act may be cited as the Door-Io- Door Salesmen Act. Shon titk

••

1987 and shall come mlO force on such (]ate as the Minister responsible

for trade may appoint by nOlice in the Gazelle, and different dates romm<r>«,.,.nL

may be so appointed for different provisions and different purposes

of Ihis A ct.

In this Act. unless the context otherwise requires

"business premises" means the pcrmanell1 place of business

al which a trader exercises his commercial or professiona l activity

as well as stalls at fairs and markets;

"co nsume r" means a person who in tra nsactions covered by

this Act acts o th erwise than in a commercial o r professional capa-

ci ty;

" Director" means the Directo r of Trade;

'"doorstep COll1cact" means a contract between a consumer

and a trader made through a door-lO-door salesman, and inc1ndes

a unilateral engagement by a consumer towards a trader , negoti-

ation!; for which have been init iated away from business premises;

"door-to-door salesman" means a person who offers gOC>ds

for sale in homes, whether the offer is unsolici ted by the person

to whom it is made, or is solicited by the latter person in respon>e

to any advertisement, but does not include vendors of fOC>dstuffs

and drin ks who sclltheir gOC>ds from door-to-door;

"" Mmister" means the Minister responsible for trade;

""prescribe" means prescribed by regulations under th is Act.

T his Act shall not apply to -

(a) contracts which have been negotiated exclusively at the

initiative of the COn,umer

P ro~idcd th~t

the ordering of cat alogues, patterns, sample~

and simil~r ite ms, a request by the consumer for a visi t or demonst -

ration. and participation in an cvell! organised by the trade r, shall

not be considered as initiating negotiation s

(b) con tracts which have been negotiated solely in writing,

not bein g doorstep oollt rac\s ;

(c) contracts which arc concluded before a court. notary or

other perso n who is under a d Uly 10 inform both contr<lcting parties

of their rights and obligations;

(d) contracts relating to im movable property or any rights

thereto;

(e) contraclS under wh ich the ove rall price payable by the

COn$Umer does not exceed twenty Maltese liri

Provided that where onc or more contracts provide for"

conlt nuaus supply and the whole value of the contntc\ i, or may

be made to exceed twenty Maltcse lid, suc h contract or contracts

shall notwithstand Ing the valuc of each individual separll te consign-

ment be deemed to be a COnt r;l ct under which the overall pri ce

payab!c by the consumer exceeds twenty Maltese liri

(f) contracts re lating lO the sale of such goods as the Mi nister

may prescribe;

(g) contracts for the supply of services or works oth er than

contracts for the provision of insurance.

(1) No person may act as a door-lO-door salesma n unless he

IS in possession of a licence issued for the purpose by the Director .

Such licence sh all not exempt its holde r from obtaining an y other

lice nce or permi t requ ire d by or unde r any o ther law.

(2) The Director shall not issue such a licence except to a

person who-

(i) i~ a ,\1;t ltese citilcn

(i i) produces a certificate from the Commissione r of I'olice

showing that he is of good conduct: and

(iii ) h;ls a place of trade at a permanent address which is

open to the public at regula r hours. or isemployed by such person.

(3) A licence to act as a door-to·door salesman shall be

personal and shall be valid up to the end of the calendar year in which

it is issued. and may be renewed by the Director far further periods

not e ~ceeding o nc year each.

(4) The Director may cha rge for the issue or re ncwal of a

licence such fees as the MlIlister may prescribe.

(I) An y person who acts as a door-to-door salesman without

a licence from the Director o r who employs o r otherwi sc conducts

trade through a door-to-door salesman who is n01 in possession of a

liccnce issued hy the Dircc1<" sh,,11 he guilty of an offence against this

Act and shall be liable 0 11 convicti on to;, fine (nw/ta) of Ilotless than

one hu ndred Maltese liri but not exceeding five hu ndred Maltese liri,

or to imprisonment for a term of not more Ihan SIX mo nths, or to bo th

such fille a nd imprisonmcn t.

(2) An y doorsleprontracl concluded with or through a door-

lo-door S<llcsman who does not hold a valid licence under this Act .

shall be null

Provided that such nullity shall not be raised b~ the consumer

after the lapse of th e period of one month from th e date when the

product 10 which the contract refers is delivered to him. and shall not

be pleaded by the door-to-door salesman or the person employing him

or ot herwise conducting trade through him , at any time.

(I) No doorstep contract made by or th rough a door- Io-door S.I" '0 be

sa lesman shall be va lid unless it is concluded by a private wriling which """d ..... ~ b,

may be cancelled as is provided in section 8 of thi s Aet.

(2) O ne copy o f the private wri ting shall be reta ined by the

door-to· door salesman and anot her copy sha ll be reta ined by Ihe con·

su mer. A cancellation fonn shall be attached to the private writing

reta ined by the consume r.

A private writing shall on pain of nullity contai n -

(a)

the da te when and place where il is signed

(b)

the name and address o f the consumer;

(c) Ihe name of Ihe door-to·door saksman and Ihe number

of his licence

(d) the permanem address of the place of trade of the door-

lO·door salesman or Ihc person by whom he is employed

(e)

a descripli on of the goods sold

(0 th e price for which the goods were sold, and th e terms

for payment

(g) Ihc time stipulated for Ihe delivery of Ihe goods sold.

which time shall in no case be later than six ty days from the date

of the private writing;

(h) a clause that the pri va le writing shall nOI be binding

if it is cancelled in accordance wilh section 8 of thi s Act

(i) the signature in Ihe hand of the consumer and of the

dOOHo-door salesman ; a nd

Ul such olher condi lions as the Min isler may from time 10

lime prescribe in order 10 ensure a proper descript io n of the goods

and Ihat no undue pressure is exerted on Ihe consumer.

(I) A doorslep con lract shall not be bi nding and conclusive c. ~ nation

if it is cancelled as hereinafter provided.

(2) Cancellation of a doorstep contracl shall be made by

the delivery either by hand or by registe red post at the permanen t

address of the door-w·door salesman or his employer of a declaration

of cancellation signed by the consumer.

(3) The declaration of cancellation ~hall be in the form set

OUl in Schedule J to this Ac!. The cancellatio n form shall be 3!1achcd

to the copy of the private writing retained by the consumer , and if the

consumer optS 10 cance l a doorstep contract he shall sign such form

and deliver it to the door-to-door sa lesman o r his employer, within

fifteen days from the dale of the private wriling . or within such longer

period a~ may be stipulated in the private writing.

Except for a payment of a deposit HQ! exceeding ten per

ccntum of the price of the j:oods bcin~ tlu, subject of the doorstep

contract, which deposit shall not be payable before the expiration of

the time within which it may be cancelled in accorda llce with section

8 of this Act . the door-to-door salesman or the trader on whose behalf

the door-to-door ,a!esman has concluded the doorste p contract. shall

not require the consumer to pay any part of the price before the delivery

of the goods. and whe re the goods are delivered in parts, no payment

shall be de manded e xcept as represc lits the price of the part delivered.

(I) Where a doorstep contract has nOl been cancelled in

accordance with section 80f th is Act, the oonsumershall oot have a right

to caoeel the doorstep oolltract without just cause, unless such righ! is

stipUlated in the private writing.

(2) Where such right to the cancellation is nOt stipulated.

the doorstep eontr~ct ,hall not be subject 10 cancellation except for a

just causc .

Any clause in the private writing which-

(a) requires the COnSumer to pay any fonn of compensation

if he exercises his right to cancel the doorstep contract, or

(b) provides Ihat any dispute arising therdrom shall be >tI -

tled oth erwise than by the competent court in Malta.

shall be void.

In any dispute as to whether-

(a) a doorstep contract has been negotiated exclusively at

the in itiative of the consumer. or

(h)

a doorslep contract has been negotiated ,;okly in writing,

(c) the provisions of this Act have been complied with in

the conclusion of the doorstep cont ract,

the burden of proof shall lie with the trader.

Notwithstanding the provisions of Ihis or lllly other law. the

co nsume r ,hall not rn' harred from hringHlg ,\1\ act ion or pleudinl: ~

defence under this AC1 on the ground of a false or incorrect date of

oonclusion of the private writing o r its cancellation, even where sueh

falsity or incorrectness has been n13de by him or with his knowledge

;IIIU consent.

(I) A contract of sale concluded hefore the com ing ;1110

force of this Act. /)(omg a contract of ><l Ie 10 which th e provisions of

lhi~ Act arc "pplicable. shall not be enforceable against the consumer

unless there has been made the actual del ivery of the goods sold and

the payment of the price of Ihe sale. or if the benefit of payment by

instalments has been granted to the co nsumer at least twenty-five per

cent of the purchase price have been paid

I'rovided that th e trader may in such cases rcco~er any el(-

penses that he may have actually incurred under the contract.

(2) When a consumer wislles to keep in effect a contract

which in accordance with the provisions of subsection (1) of this section

is nOl enforceable by the trader, he shall within on!' momh from the

coming into force of this Act confirm the same by signi ng and delivering

to thc tr,ider a declaration confirming the contract, and thereupon such

e01Hract shall be enforceable by either pany.

The Mmi ster may make regulat ions for better putting into

effect any of the provisions of this Act, ~ntl without prejudice to the

generality of th e foregoing may by such regulations prescribe

(a)

the fees to be paid for any licence under this Act

(b) the fees to be paid for any >ervice that may be provided

by Ihe Director under thi s A<:I

(c) the f01m in which any cont raI'l or cancellation or any

c1au>e thereof shall be made. whether generally or in respect of

any class of goods;

(d)

the form in which any licence shall be i,sued under this

Act;

(e) the means of identification of any door-to-door salesman

licensed under this Act

(I)

any other matterwhtch may be prcscTlbcd under Ih,s Act.

SCH EDULE [

(Sc<:tion 8)

Cancellation of Doorstep Contracl

I hereby declare that I am cance ll ing the doorstep contract for the purchase of

for the price of

payable

signed between

on behalf of

(N.m< oX ron1p"ny)

and myself

Passed by the House of RcprcseOlatives at Sining No. 439 of the 30th January.

1987. PAUL X U EREB

Speaker

P M USCAT T ERRIB! LE

Acting Clerk to (he House of Represmlatives

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