If you are operating as a mobile trader you should have a compliance programme in place to ensure that you, and any staff you employ, are meeting your legal obligations when selling goods.
Business compliance tips
Your customer will have a right to cancel – ensure that you understand your obligations and their rights.
Your consumer contract should be expressed in plain language and in a clear and concise way.
If you offer to deliver goods, you must deliver within the specified time period.
Seek independent legal advice to ensure you are meeting your obligations.
Which laws apply to your business will depend on your selling technique, business processes and the contracts you use with customers. It is up to you to understand the laws you must comply with and to get legal advice about your business compliance. Below are some examples of the laws which may apply to you.
Credit Contracts and Consumer Finance Act (CCCF Act)
The CCCF Act sets out rules relating to disclosure, interest and fees that apply to consumer credit credit contracts. Lenders also must comply with lender responsibility principles when offering goods on credit.
Door-to-door and telemarketing sales (or uninvited direct sales)
These are agreements for the sale of goods or services over $100 that are negotiated at a consumer's home or workplace or by telephone when the consumer did not invite the trader to their house or invite them to phone them to sell them the goods or services. Contracts that arise from door-knocking and phone sales are also likely to fit in this category.
You must disclose specific information about the agreement and comply with rules about cancellation and how the agreement can be enforced.
If there is little or no opportunity for your customer to negotiate the terms of the contract with you, then it is likely to be a standard form consumer contract. For example, you may offer a standard form consumer contract on a ‘take it or leave it’ basis. It also may be the same as, or similar to, the contracts you offer to your other customers.
If you use standard form contracts to supply goods or services that are normally used for personal or domestic purposes, you cannot include terms that are unfair.