This type of commercial practice is regulated by the European Union in order to protect the consumer from being surprised and/or pressured into making a decision by the seller.
Under the notion of off-premises purchase, European legislation covers contracts that you conclude in the physical presence of the seller in a place that is not his business premises, in the seller's shop or at a distance (by internet or telephone) after having been personally and individually solicited in a place that is not his business premises; during an excursion organised by the seller to promote his products or services.
Doorstep selling involves a professional going to a consumer's home to offer the sale of goods or the provision of services.
Long prohibited on Luxembourg´s territory by the law of 16 July 1987, this commercial practice has been permitted since 26 April 2014. However, consumers can indicate their refusal to be solicited at home by placing a refusal sticker on their front door.
In the event of the conclusion of a contract during a doorstep sale, the consumer benefits in principle from a withdrawal period of 14 calendar days as from :
- the conclusion of the contract for contracts for the provision of services
- the delivery of the goods for purchases of goods
There is one exception where the consumer loses the right of withdrawal:
When the service has been fully performed after the consumer has given his prior consent and has acknowledged that he loses his right of withdrawal. However, if the trader does not inform the consumer about the right of withdrawal and does not provide him with a special withdrawal form, the withdrawal period is extended by one year.
If the consumer who let the trader in finally asks him to leave but the trader refuses and makes him sign a contract or if the trader does not respect the sticker at the entrance and a contract is signed by the consumer anyway, the consumer will have the right to claim in court the nullity of the signed contract and equally claim the return of the money paid. It is then not necessary to invoke this nullity within 14 days. In practice, however, it will be very difficult to prove the actions of the trader and thus to invoke the nullity of the contract after the withdrawal period.
Moreover, before signing the contract, the consumer must receive, among other things, information concerning
- the main characteristics of the good or service
- the total price
- the identity of the trader, his address, telephone number and email address, if available, so that the consumer can contact him quickly; the identity of the trader for whom the person ringing the doorbell is acting-
- the date of delivery of the goods or performance of the service; the transport costs
- the right of withdrawal and a special withdrawal form.
If the consumer does not receive these and if the judge considers them essential, the consumer can request the nullity of the contract.
To summarise, in the case of doorstep selling :
- 14-day withdrawal period-
- Except for fully performed service-
- Nullity of the contract can be invoked in case of insufficient pre-contractual information or in case of unfair behaviour of the trader, subject to proof
In Luxembourg, sales by phone are authorized, under the condition that you have agreed to the solicitation beforehand . At the beginning of the conversion, the seller shall inform you about the commercial nature of his call.
The seller shall confirm his offer submitted to you by telephone by sending a written confirmation. No legal obligation exists before you expressively (for instance in writing) accepted this written offer.
How to deal with unsolicited calls?
Following the current legislation, you have several alternatives to end unwanted sales calls. Unfortunately, none can guarantee your peace.
Under Luxembourgish positive law, repeated and untimely calls are banned. Do not hesitate to threaten to complain to the police if you feel disturbed by the calls of a prospecting company. Complain to the police if the company continues to call you. To do this effectively, you should get the maximum amount of information possible on the identity of the company and their telephone number.
Luxembourgish law allows you to refuse the processing of your data by the company. So be sure to ask for the exact address of the company to require, by registered mail with return receipt, the deletion of your personal data in the business’ database.
Finally, you should hang up if the caller does not seem to take your claims seriously!