Door to Door Sales Act 1967

1: Short Title and commencement
1: This Act may be cited as the Door to Door Sales Act 1967.
2: This Act shall come into force on 1 April 1968.
2: Interpretation
1: In this Act, unless the context otherwise requires,— appropriate trade premises
a: in relation to an agreement for the sale, letting, hiring, or bailment of goods, premises at which the vendor normally carries on a business or at which goods of the description to which the agreement relates, or goods of a similar description, are normally offered or exposed for sale in the course of a business carried on at those premises:
b: in relation to an agreement for the provision of services (whether alone or together with goods), premises (not being premises belonging to or occupied by the purchaser) at which the vendor or any bank, solicitor, or chartered accountant normally carries on business collateral agreement credit agreement
a: any agreement under which the purchaser is a body corporate; or
b: any agreement under which the purchaser is a person engaged in buying and selling goods of the same or a similar nature or description as the goods that are the subject of the agreement; or
c: any agreement under which the purchaser is a person who is carrying on any farming, agricultural, or manufacturing business, or any other business of any kind whatsoever or who is practising any profession if the goods that are the subject of the agreement are goods of a type that are normally used in the carrying on of the business or in the practice of the profession; or
d: any credit-sale agreement if the goods that are the subject of the agreement comprise mainly books or printed matter and the total purchase price does not exceed $20; or
e: any credit-sale agreement (other than one of the kind described in paragraph (d)) under which the total purchase price does not exceed $40; or
f: any hire purchase agreement or hiring agreement under which the total purchase price does not exceed $20 credit-sale agreement goods section 2
a: any mammal or bird; or
b: any thing of a perishable nature; or
c: any thing for the time being named or described in an Order in Council made under section 4 hiring agreement hire purchase agreement property purchaser or for whom services are to be provided sale total purchase price or to have the services provided vendor or to provide services
2: For the purposes of this Act every credit agreement and every collateral agreement shall be deemed to have resulted from the acceptance by the purchaser of an offer made by the vendor and every such agreement that is in writing shall be deemed to have been made at the time and at the place at which the document is signed by the purchaser. Section 2(1) appropriate trade premises substituted 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) credit agreement substituted 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) credit agreement added 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) credit agreement added 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) purchaser amended 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) total purchase price amended 1 April 1974 Door to Door Sales Amendment Act 1973 Section 2(1) vendor amended 1 April 1974 Door to Door Sales Amendment Act 1973
3: Sale of services by booksellers
1: Every agreement whereby a person (in this section hereinafter referred to as a bookseller subsection (3)
2: Without limiting the generality of the provisions of subsection (1), it is hereby declared that for the purposes of that subsection a bookseller which is a company shall be deemed to sell, supply, or give, or to agree to sell, supply, or give, books to a person if they are sold, supplied, or given, or agreed to be sold, supplied, or given, to that person by a subsidiary or the holding company or a subsidiary of the holding company of the bookseller. In this subsection the terms subsidiary holding company sections 158 and 158A of the Companies Act 1955 or sections 5 6
3: Subsection (1) shall not apply to—
a: any agreement of the kind described in paragraph (a) or paragraph (d) of subsection (3) of section 3A
b: any agreement under which the total purchase price does not exceed $20. Section 3(1) amended 1 April 1974 Door to Door Sales Amendment Act 1973 Section 3(2) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 3(3) added 1 April 1974 Door to Door Sales Amendment Act 1973
3A: Provision of services
1: Every agreement whereby a person agrees in the ordinary course of a business carried on by him to provide services for any other person for valuable consideration, whether alone or together with goods, shall (subject to subsection (3)) be deemed to be a credit agreement within the meaning of this Act, and the provisions of this Act shall, so far as applicable, apply accordingly, with all necessary modifications, as if the services were goods within the meaning of this Act.
2: For the purposes of subsection (1) (but without limiting the generality of that subsection), an agreement whereby a person agrees to do any thing which confers any right or benefit on any other person shall be deemed to be an agreement to provide services for that other person.
3: Subsection (1) shall not apply in respect of—
a: any agreement under which the purchaser is a body corporate; or
b: any contract of service between master and servant; or
c: any agreement which relates to the disposition of an estate or interest in land; or
d: any agreement under which the purchaser is a person who is carrying on any farming, agricultural, or manufacturing business, or any other business of any kind whatsoever, or who is practising any profession, if the services are of a type normally provided for the purposes of that business or the practice of that profession; or
e: any agreement to which section 3
f: any contract which is primarily a contract of insurance; or
g: any contract to purchase or subscribe for shares in a building society within the meaning of the Building Societies Act 1965
h: any agreement under which the total purchase price does not exceed $40. Section 3A inserted 1 April 1974 Door to Door Sales Amendment Act 1973
4: Power to exempt goods and services
The Governor-General may, from time to time, by Order in Council, prescribe things or classes of things or services or classes of services, which shall not be goods or services for the purposes of this Act. Section 4 substituted 1 April 1974 Door to Door Sales Amendment Act 1973
5: Enforcement conditional on compliance with certain requirements
1: Subject to section 8 section 11 section 6
2: Where by virtue of subsection (1) the vendor is not entitled to enforce an agreement—
a: he shall not be entitled to enforce any contract of guarantee relating to that agreement or any collateral agreement;
b: no security given by the purchaser in respect of money payable under the agreement or any collateral agreement, or given by a guarantor in respect of money payable under the agreement or any collateral agreement, or given by a guarantor in respect of money payable under a contract of guarantee relating to that agreement or any collateral agreement, shall be enforceable against the purchaser, or against the guarantor, as the case may be, by the holder of such a security.
6: Requirements as to agreements
1: The requirements of this section, in relation to an agreement, are that—
a: the agreement shall be in writing and shall be signed by the purchaser and by or on behalf of all other parties to the agreement; and
b: the agreement shall contain a statement in the form set out in Part 1 Part 2
ba: the agreement must also contain a statement showing—
i: the full name and address of each vendor:
ii: the cash price (as defined in section 5
bb: the agreement shall also state the following particulars in respect of payments to be made by the purchaser pursuant to the contract:
i: the amount of each payment:
ii: the number and frequency of each payment:
iii: the dates when the payments are to be made, or a statement that enables the purchasers to determine those dates:
iv: the places where those payments are to be made:
c: a copy of the agreement and a copy of the form set out in Schedule 2 ; and
d: where the vendor or any other person guarantees the goods or the services to which the agreement relates, that guarantee shall be in writing and a copy of it shall be given to the purchaser at the time at which the agreement is made.
2: If in any proceedings before any court the court is satisfied that a failure to comply with any of the requirements of subsection (1) is a minor failure which has not prejudiced the purchaser, and that it would be just and equitable to dispense with the requirement, the court may, subject to such conditions as it thinks fit to impose, dispense with that requirement for the purposes of those proceedings. Section 6(1)(ba) substituted 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 6(1)(bb) inserted 1 June 1982 Credit Contracts Act 1981 Section 6(1)(c) amended 1 April 1974 Door to Door Sales Amendment Act 1973 Section 6(1)(d) added 1 April 1974 Door to Door Sales Amendment Act 1973
7: Right of cancellation
1: Subject to section 11 section 6 Schedule 2
2: Notice pursuant to subsection (1) may be given by delivering it personally at the address specified in the statement required under paragraph (b) of subsection (1) of section 6
3: Where by virtue of subsection (1) of section 5 section 6
4: If the notice is posted in accordance with subsection (2) the notice shall be deemed to have been given to the vendor at the time when it is posted.
5: Any person who conducted any antecedent negotiations which promoted the transaction to which the agreement relates, but who is not the vendor, shall be deemed to be an agent of the vendor for the purpose of receiving any notice given by the purchaser under this section.
8: Agreement may become enforceable
1: This section shall apply to any agreement made at a place other than appropriate trade premises if—
a: there has been a failure to comply with the requirements of subsection (1) of section 6
b: the failure has not been dispensed with under subsection (2) of that section; and
c: the purchaser has not cancelled the agreement under section 7
d: the period mentioned in subsection (3) of section 7
2: The vendor under any agreement to which this section applies may give to the purchaser, either personally or in a letter sent by registered post,—
a: a copy of the agreement if the agreement is in writing or, if it is not in writing, a memorandum in writing setting out full particulars of the agreement including the date on, and the place at which, it was made; and
b: a statement (modified in accordance with subsection (4)) in the form set out in Part 1 Part 2
c: a copy (modified in accordance with subsection (5)) of the form set out in Schedule 2 and if the vendor does so the purchaser may cancel the agreement before the end of the period specified in the statement given under paragraph (b) by giving a notice in accordance with subsections (1) and (2) of section 7
3: If the purchaser does not cancel the agreement before the end of the period so specified section 5
4: For the purposes of paragraph (b) of subsection (2) the statement set out in Part 1 you signed the agreement, the notice of cancellation handed to you on that day you were given this statement, the notice of cancellation that accompanied it
5: For the purposes of paragraph (c) of subsection (2) the Note on the form set out in Schedule 2 signed the agreement were given the statement that accompanied this notice
9: Effect of cancellation
1: Where a notice of cancellation is given pursuant to section 7
a: the agreement to which it relates shall be deemed to have been rescinded by mutual consent and never to have had effect:
b: any collateral agreement and any contract of guarantee relating to the agreement shall be deemed never to have had effect:
c: any security given by the purchaser in respect of money payable under the agreement, or given by a guarantor in respect of money payable under such a contract of guarantee, shall be deemed never to have been enforceable:
d: any money paid under the agreement or any collateral agreement shall be repaid forthwith by the vendor or other person to whom the money has been paid, and if the purchaser is in possession of the goods he shall have a lien on them for any sum which he is entitled to be repaid:
e: where the purchaser has supplied other goods in part exchange for the goods that are the subject of the agreement or any collateral agreement the vendor shall forthwith redeliver the goods so supplied to the purchaser.
2: Unless before the end of the period of 10 days beginning with the date of the giving of the notice under section 7
3: The vendor shall be liable to pay compensation to the purchaser for any damage done to the goods supplied by the purchaser in part exchange, while these goods have been in the custody of the vendor, other than damage arising from the normal use of the goods or damage arising from circumstances beyond the vendor's control.
4: During the period of 10 days referred to in subsection (2) the purchaser, if he is in possession of the goods that are the subject of the agreement, shall be entitled to retain possession of them until either—
a: the goods agreed to be taken in part exchange are redelivered to him; or
b: a sum equal to their value or the part exchange value, as the case may require, has been paid to him; or
c: compensation in terms of subsection (3) has been paid to him; and if, immediately before the end of that period, he continues by virtue of this subsection to be entitled to retain possession of the goods to which the agreement relates, he shall have a lien on those goods for any sum which he is entitled to recover by virtue of subsection (2) or subsection (3).
5: Any sum payable under any of the provisions of subsections (1) to (3) shall be recoverable as a simple contract debt in any court of competent jurisdiction. In any action for the recovery of any such sum the purchaser shall, if successful, be entitled to recover from the vendor his full costs, fees, and other reasonable expenses, including reasonable costs incurred between solicitor and client.
6: If the vendor has provided any services under the agreement before it is cancelled, he shall not be entitled to any compensation for those services. If the vendor's services have resulted in the alteration of property of the purchaser, the vendor shall restore the property to substantially as good a condition as it was at the time the services were rendered. Section 9(6) added 1 April 1974 Door to Door Sales Amendment Act 1973
10: Redelivery and care of goods comprised in the notice of cancellation
1: Where a notice of cancellation is given pursuant to section 7
2: The purchaser shall not be under any obligation to deliver any such goods except at his own premises and in pursuance of a request (whether oral or in writing) from the vendor, and any such obligation shall be subject to any lien or other right to retain the goods which he may have under subsection (1) or subsection (4) of section 9
3: Subject to the following provisions of this section, the purchaser shall be under an obligation to take reasonable care of any such goods, if they have come into his possession in consequence, or in anticipation, of the making of the agreement, until the end of the period of 21 days beginning with the date of the giving of the notice of cancellation.
4: The purchaser may send any such goods at his own expense to the vendor and, if the purchaser does so, he shall be under an obligation to take reasonable care to see that they are received by the vendor and are not damaged in transit to him, but in other respects his obligation to take care of the goods shall cease on his sending the goods to the vendor.
5: Where at any time during the period of 21 days the purchaser receives such a request as is mentioned in subsection (2), and unreasonably refuses or fails to comply with it, his obligation to take reasonable care of the goods shall continue until he has complied with the request.
6: The purchaser shall take reasonable care to see that the goods are received by the vendor or a person for the time being entitled to the possession of the goods.
7: Where goods are of a kind that are consumed or depleted in quantity in normal use the purchaser shall be liable to pay compensation to the vendor for the consumption of the goods or their depletion in quantity in normal use while they are in the custody of the purchaser.
8: The purchaser shall also be liable to pay compensation to the vendor for any damage done to the goods or for the loss or destruction thereof while the goods have been in the custody of the purchaser, other than damage arising from the normal use of the goods or loss or damage arising from circumstances beyond his control: provided that no compensation shall be payable under this subsection in respect of any damage done to the goods or of their loss or destruction if it occurs more than 21 days after the day on which the notice of cancellation was given unless the purchaser is still under an obligation to take reasonable care of them pursuant to subsection (5).
9: The liability of the purchaser to pay compensation under subsection (8) also applies in respect of any loss occasioned by any breach of his duty under subsection (6) or by the performance by him of any act in relation to the goods (other than an act involved in the normal use of them) which is inconsistent with ownership of them by the vendor.
10: Except as provided for in subsections (3) to (9) the purchaser shall not be under any obligation to take care of the goods by reason of their having come into his possession.
11: Any obligation under this section shall be owed to the vendor and any breach of that obligation shall be actionable, at the suit of that person, as a breach of a statutory duty.
12: Any reference in this section to the premises of the purchaser is a reference to the premises which in the agreement are specified as his address, and any written request under subsection (2) may be made to the purchaser at that address in the same manner as a notice may be given pursuant to subsection (1) of section 7
11: Agreements initiated at the request of the purchaser excluded
1: Sections 5 7 or to the provision of the services to which the agreement relates
2: In determining for the purposes of subsection (1) whether a first inquiry has been made by the purchaser the advertising of goods or services
3: If in any proceedings before any court any person claims that sections 5 7 Section 11(1) amended 1 April 1974 Door to Door Sales Amendment Act 1973 Section 11(2) amended 1 April 1974 Door to Door Sales Amendment Act 1973
11A: Existence of representations to be a question of fact
In any proceedings it shall be a question of fact whether any representation, statement, or warranty was made or given to the purchaser or prospective purchaser, whether orally or in writing, by the vendor or any person acting on behalf of the vendor in connection with or in the course of negotiations leading to the entering into of a credit agreement made at a place other than appropriate trade premises and whether, if the statement, representation, or warranty was made, it constituted a term of the agreement or was relied on by the purchaser. The court shall not be precluded from inquiring into and determining those questions by any provision in the agreement or in any other document unless the court considers that in all the circumstances of the case, including the subject matter and value of the transaction and the respective bargaining strengths of the parties, it is fair and reasonable that the provision should be conclusive between the parties. Section 11A inserted 1 April 1974 Door to Door Sales Amendment Act 1973
12: No contracting out
1: The provisions of this Act shall have effect notwithstanding any provision to the contrary in any agreement.
2: Any transaction entered into or any contract or arrangement made, whether orally or in writing for the purpose of or having the effect of, in any way, whether directly or indirectly, defeating, evading, avoiding, or preventing the operation of this Act in any respect shall be unenforceable except that any money paid as part of any such transaction or under any such contract or arrangement may be recovered by the person who paid it from the person to whom it was paid.
13: Application of section 44 of the Mercantile Law Act 1908
Section 44 sections 5 7
14: Offences
1: Any vendor who knowingly fails, after a notice of cancellation has been given pursuant to section 7
2: A purchaser who knowingly fails in terms of section 10
2A: Every person commits an offence against this Act who, being the vendor under any agreement that the purchaser may cancel under this Act, stipulates for or demands or accepts, before the end of the period within which the agreement may be so cancelled, the whole or any part of the consideration to be provided by or on behalf of the purchaser under the agreement if—
a: the goods that are the subject of the agreement comprise mainly books or printed matter; or
b: the agreement is one to which section 3 section 3A
3: On conviction of any person of an offence under subsection (1) the court may make an order for the payment by that person of an amount equal to the money paid by the purchaser under an agreement which has been cancelled under this Act or for the return of goods given by the purchaser in part exchange or for the payment of money in terms of section 9(3)
4: On conviction of any person of an offence under subsection (2) the court may make an order for the redelivery by the person of the goods to which the agreement relates. Section 14(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 14(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 14(2A) inserted 1 April 1974 Door to Door Sales Amendment Act 1973
15: Time for filing charging document
Despite anything to the contrary in section 25 Section 15 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
16: Application
This Act shall not have any effect in relation to any credit agreement made before the date of the commencement of this Act.