  DOORSTEP CONTRACTS    [ CAP. 317.        1
CHAPTER 317 
Substituted by:
XXVI. 2000.17.
DOORSTEP CONTRACTS ACT
To regulate the activities of door-to-door sellers.
11th February, 1987;
15th March, 1987
ACT VII of 1987, as amended by Acts XXVIII of 1994 and XXVI of 2000.
Short title.
Amended by:
XXVI. 2000.17.
1. The short title of this Act is the Doorstep Contracts Act. 
Interpretation. 
Amended by: 
XXVIII. 1994.45;
XXVI. 2000.17.
2. In this Act, unless the context otherwise requires -
"business premises" include the premises or any other place
where or from which a trader regularly carries on business activity,
and include stalls at fairs and markets;
"consumer" means a person who in transactions covered by this
Act acts otherwise than in a commercial or professional capacity;
Cap. 378.
"Council" means the Consumer Affairs Council established by
the Consumers Affairs Act;
"Director" means the Director of Consumer Affairs;
"doorstep contract" means a contract for the provision or supply
of goods or services to a consumer by a door-to-door seller acting
either on his own behalf or on behalf of a trader, which contract has
been negotiated at the consumer’s home or place of work or at any
other place or premises away from the business premises of the
door-to-door seller or of the trader on whose behalf he is acting,
including contracts concluded during an excursion organised by the
trader away from his business premises, or during a visit by a trader
to the consumer’s home or to that of another consumer, or to the
consumer’s place of work;
"door-to-door seller" means a person who offers the provision or
supply of any type of goods or services by means of a doorstep
contract, whether the offer is unsolicited by the person to whom it
is made, or is solicited by the latter person in response to any
advertisement, but does not include vendors of foodstuffs and
drinks who sell their goods from door-to-door;
"goods" include any article or thing, whether tangible or
intangible, which may form the object of trade;
"Minister" means the Minister responsible for consumer affairs; 
"prescribe" means prescribed by regulations under this Act;
Cap. 378.
"services" shall have the meaning assigned to it under the
Consumer Affairs Act, but shall exclude contracts of insurance;
Cap. 378.
Affairs Act, and includes any person acting in the name, on behalf
or in the interest of a trader or under the trader’s direction, and
further includes a person who is acting in furtherance of a
  2      CAP. 317. ]               DOORSTEP CONTRACTS
professional activity, and, unless the context otherwise requires,
includes also the door-to-door seller.
Application.
Amended by:
XXVIII.1994.45;
XXVI. 2000.17.
 3. This Act shall not apply to - 
( a ) contracts which have been negotiated exclusively at
the initiative of the consumer where the contract
exclusively concerns the goods or services regarding
which the consumer requested the visit of the trader:
      Provided that the ordering of catalogues, patterns,
samples and similar items, a request by the consumer
for a visit or demonstration, and participation in an
event organised by the trader, shall not be considered
as initiating negotiations;
( b ) contracts which have been negotiated solely in writing,
not being doorstep contracts;
( c ) contracts which are concluded before a court, notary or
other person who is under a duty to inform both
contracting parties of their rights and obligations;
( d ) contracts relating to immovable property or any rights
thereto;
( e ) contracts under which the overall price payable by the
consumer does not exceed twenty liri:
Provided that where one or more contracts
provide for a continuous supply and the whole value of
the contract is or may be made to exceed twenty liri,
such contract or contracts shall, notwithstanding the
value of each individual separate consignment, be
deemed to be a contract under which the overall price
payable by the consumer exceeds twenty liri;
( f ) contracts relating to the sale of such goods as the
Minister may prescribe.
Licence to act as 
itinerant seller.
Amended by:
XXVI. 2000.17.
4. (1) No person may act as a door-to-door seller unless he is
in possession of a licence issued for the purpose by the Director.
Such licence shall not exempt its holder from obtaining any other
licence or permit required by or under any other law.
(2) Unless otherwise prescribed, the Director shall not issue
such a licence except to a person who - 
(i) is an individual of majority age;
(ii) produces a certificate from the Commissioner of
Police showing that he is of good conduct, and
in addition produces such other evidence of his
probity, reliability and competence as the
Director may require or as may be prescribed;
and 
(iii) has a place of trade at a permanent address
which is open to the public at regular hours, or is
employed by such person.
(3) A licence to act as a door-to-door seller shall be personal
and shall be valid up to the end of the calendar year in which it is
  DOORSTEP CONTRACTS    [ CAP. 317.        3
issued, and may be renewed by the Director for further periods not
exceeding one year each.
Cap. 378.
(4) The Director may at any time withdraw or suspend or refuse
to renew a licence under this article, if the holder of the licence has
acted in breach of any of the provisions of this Act or has been
convicted of any offence under this Act, the Consumer Affairs Act,
or any regulations made thereunder.
(5) The Director may charge for the issue or renewal of a
licence such fees as the Minister may prescribe.
Penalty for acting 
as an itinerant 
seller without a 
licence.
Amended by:
XXVI. 2000.17.
5. (1) Any person who acts as a door-to-door seller without a
licence from the Director or who employs or otherwise conducts
trade through a door-to-door seller who is not in possession of a
licence issued by the Director shall be guilty of an offence against
this Act and shall be liable, on conviction, to a fine ( multa ) of not
less than one hundred liri but not exceeding five hundred liri, or to
imprisonment for a term of not more than six months, or to both
such fine and imprisonment.
(2) Any doorstep contract concluded with or through a door-to-
door seller who does not hold a valid licence under this Act, shall,
at the option of the consumer, be annullable:
Provided that such nullity shall not be raised by the consumer
after the lapse of the period of one month from the date when the
goods or services to which the contract refers are delivered or
supplied to him, and shall not be pleaded by the door-to-door seller
or the person employing him or otherwise conducting trade through
him, at any time.
A person engaged 
in door-to-door 
trading to leave if 
requested to do so.
Added by:
XXVI. 2000.17.
5A. A person who calls at the home or place of work of a
consumer for the purpose of negotiating a doorstep contract or for
an incidental or related purpose shall leave that place at the request
of the consumer.  Any person who fails to leave such home or place
of work when so requested shall be guilty of an offence against this
Act and shall on conviction be liable to a fine ( multa ) not
exceeding five hundred liri.
Sales to be 
concluded by 
private writing.
Amended by:
XXVI. 2000.17.
6. (1) No doorstep contract made by or through a door-to-
door seller shall be valid unless it is concluded by a private writing
which may be cancelled as is provided in article 8.
(2) One copy of the private writing shall be retained by the
door-to-door seller and another copy shall be retained by the
consumer. A cancellation form shall be attached to the private
writing retained by the consumer.
Contents of private 
writing.
Amended by:
XXVI. 2000.17.
7. A private writing shall, on pain of nullity, contain -
( a ) the date when and place where it is signed; 
( b ) the name and address of the consumer;
( c ) the name of the door-to-door seller and the number of
his licence;
( d ) the permanent address of the place of trade of the
door-to-door seller or the person by whom he is
  4      CAP. 317. ]               DOORSTEP CONTRACTS
employed;
( e ) a description of the goods or services to which the
contract refers;
( f ) the price for which the goods or services were to be
supplied, and the terms of payment, including full
details regarding interests and any other charges;
( g ) the time stipulated for the supply of the goods or
services, which time shall in no case exceed sixty days
from the date of the private agreement;
( h ) a clause printed in clear, bold and highlighted type that
the consumer has the right to cancel the private writing
in accordance with the provisions of article 8;
( i ) such other additional conditions or particulars as the
Council may require from time to time; and 
( j ) such other conditions as the Minister may from time to
time prescribe in order to ensure a proper description
of the goods and that no undue pressure is exerted on
the consumer.
Cancellation of 
doorstep contract.
Substituted by:
XXVI. 2000.17.
8. (1) A doorstep contract shall not be binding and conclusive
if it is cancelled by the consumer as provided in this article:
provided that cancellation is made within fifteen days from the date
of the private writing, or within such longer period as may be
stipulated in the private writing.
(2) Cancellation of a doorstep contract may be made in any
manner provided the intention is substantially conveyed by the
consumer to the door-to-door seller or to the trader on whose behalf
he is acting.  Cancellation may be effected by word of mouth, by
means of telephone or telefax message, or by the delivery either by
hand or by ordinary or registered post at the permanent address of
the door-to-door seller or trader of a notice of cancellation form
signed by the consumer or by a person duly authorised to represent
him.
(3) A cancellation form in the form set out in the Schedule may
be used by a consumer wishing to cancel a doorstep contract.  A
copy of such a cancellation form shall in all cases be attached to the
copy of the private agreement retained by the consumer.  If the
consumer wishes to avail himself of the cancellation form he may
sign such form and deliver it to the door-to-door seller or to the
trader on whose behalf is acting.
(4) It shall be the obligation of a door-to-door seller who calls
on a consumer to forthwith inform him of his status as a door-to-
door seller, of the purpose of his call, to properly identify himself,
and to properly explain to the consumer his rights of cancellation
arising under this article and of the possibility to use the
cancellation form.
Payment of 
doorstep contract 
price.
Amended by:
XXVI. 2000.17.
9. Except for a payment of a deposit not exceeding ten  per
centum  of the price of the goods being the subject of the doorstep
contract, which deposit shall not be payable before the expiration
  DOORSTEP CONTRACTS    [ CAP. 317.        5
of the time within which it may be cancelled in accordance with
article 8, the door-to-door seller or the trader on whose behalf the
door-to-door seller has concluded the doorstep contract, shall not
require the consumer to pay any part of the price before the
delivery of the goods, and where the goods are delivered in parts,
no payment shall be demanded except as represents the price of the
part delivered.
Right of 
cancellation.
Amended by:
XXVI. 2000.17.
10. (1) Where a doorstep contract has not been cancelled in
accordance with article 8, the consumer shall not have a right to
cancel the doorstep contract without just cause, unless such right is
stipulated in the private writing.
(2) The consumer shall have the right to cancel a doorstep
contract for a just cause, or because of the violation by the door-to-
door seller of any of the provisions of article 9.
Prohibited clauses.
Amended by:
XXVI. 2000.17.
11. Any clause in the private writing which - 
( a ) requires the consumer to pay any form of
compensation if he exercises his right to cancel the
doorstep contract, or
( b ) provides that any dispute arising therefrom shall be
settled otherwise than by the competent court in Malta,
or
( c ) purports to remove or reduce any of the rights given to
the consumer by any of the provisions of this Act, or to
limit or remove the competence of local courts or
tribunals,
shall be void.
Burden of proof.
Amended by:
XXVI. 2000.17.
12. In any dispute as to whether - 
(a) a doorstep contract has been negotiated exclusively at
the initiative of the consumer, or
( b ) a doorstep contract has been negotiated solely in
writing, or
( c ) the provisions of this Act have been complied with in
the conclusion of the doorstep contract, or
( d ) the allegation that the right of cancellation had not
been exercised by the consumer within the period
established under article 8,
the burden of proof shall lie with the trader.
False statement by 
consumer
13. Notwithstanding the provisions of this or any other law, the
consumer shall not be barred from bringing an action or pleading a
defence under this Act on the ground of a false or incorrect date of
conclusion of the private writing or its cancellation, even where
such falsity or incorrectness has been made by him or with his
knowledge and consent.
Sales concluded 
before the coming 
into force of this 
Act.
14. (1) A contract of sale concluded before the coming into
force of this Act, being a contract of sale to which the provisions of
this Act are applicable, shall not be enforceable against the
consumer unless there has been made the actual delivery of the
  6      CAP. 317. ]               DOORSTEP CONTRACTS
goods sold and the payment of the price of the sale, or, if the
benefit of payment by instalments has been granted to the
consumer, at least twenty-five per cent of the purchase price has
been paid:
Provided that the trader may in such cases recover any
expenses that he may have actually incurred under the contract.
(2) When a consumer wishes to keep in effect a contract which
in accordance with the provisions of subarticle (1) is not
enforceable by the trader, he shall within one month from the
coming into force of this Act confirm the same by signing and
delivering to the trader a declaration confirming the contract, and
thereupon such contract shall be enforceable by either party.
Power to make 
regulations.
Amended by:
XXVI. 2000.17.
15. The Minister may make regulations for better putting into
effect any of the provisions of this Act, and without prejudice to the
generality of the 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 service that may be
provided by the Director under this Act;
( c ) the form in which any contract or cancellation or any
clause thereof shall be made, whether generally or in
respect of any class of goods;
( d ) the form in which any licence shall be issued under
this Act;
( e ) the means of identification of any door-to-door seller
licensed under this Act;
( f ) the requirements and qualifications for the issue of a
licence;
( g ) such goods or services that may not be sold by means
of a doorstep contract;
( h ) any other matter which may be prescribed under this
Act.
  DOORSTEP CONTRACTS    [ CAP. 317.        7
  8      CAP. 317. ]               DOORSTEP CONTRACTS
SCHEDULE   Amended by:
XXVI. 2000.17.
[A R T I C L E  8]
Cancellation of Doorstep Contract 
To 
(Name and address of Trader)
I hereby declare that I am cancelling the doorstep contract for the purchase of
(description of goods)
for the price of 
payable 
signed between
(Name of door-to-door seller) 
on behalf of
(Name of company)
and myself
(Name of consumer) 
on
(date or doorstep contract)
