Case stud ies 3 – Doorstep selling Ieva Baldina-Bruklite

1. Case studies 3 – Doorstep selling Ieva Baldina-Bruklite Consumer Rights Protection centre of Latvia

2. Case 1 • A natural person buys in the presentation of the trader a vacuum cleaner, which this person is planning to use to clean his apartment and also in his cleaning company. • Question: • Is this person a consumer? • What criteria will you use to evaluate if this person is a consumer?

3. Case 2 • Consumer is invited by phone to the presentation in hotel by trader, who is selling different kind of dishes. During the presentation consumer signs a contract with trader and buys a set of very expensive dishes. He pays part of the price to the trader. Parties agree, that dishes will be delivered after one month. • Next day consumer realizes, that he does not need such expensive dishes and contacts the trader in order to use the cancellation rights. Trader declaires, that it is not possible, because this is not a doorstep contract, because he is usually organising presentations in this hotel and he has a rent agreement with the hotel. Trader also says that consumer can not receive his money back, because trader has already transferred consumer’s money to his partner and is it not possible for him to get this money back.

4. Case 2 • Questions: • Is it a doorstep contract? • If it is – why is trader’s opinion wrong? If it is not – why is trader’s opinion is right? • Is consumer entitled to use the cancellation rights? • Should consumer have to pay comensation to the trader in this situation?

5. Case 3 • Trader convinces consumer to come in his shop. Under influence of the trader consumer buys an expensive TV. When consumer leaves the shop with his puchase he regrets his decision and turns to the trader in order to cancel the contract. • Questions: • Is it a doorstep contract? • Is consumer entitled to use the cancellation rights?

6. Case 4 • Trader visits consumer at home and tries to sell him a property insurance. Consumer signs a contract, but next day he changes his mind and turns to the trader in order to cancel the cotract. • Question: • Is consumer entitled to use the cancellation rights in this situation?

7. Case 5 • Consumer during the presentation organised by the trader signs an agreement of secured credit with immovable property. Next day he realizes, that he has made a mistake and turns to the trader in order to cancel the contract. Trader claims, that it is not possible because this is not a doorstep contract, because this contract is signed regarding the rights relating to the immovable property. • Questions: • Is it a contract signed regarding the rights related to immovable property? • Is it a doorstep contract?

8. Case 6 • Consumer has invited a trader to his home to show him new vacuum cleaners. Trader comes to consumer’s home, but instead of vacuum cleaners tries to sell to the consumer a bath for feet. Consumer buys the bath for feet, but he is not happy about this purchase and wants to use the cancellation rights. • Questions: • Is it a doorstep contract? • Is consumer entitled to use the cancellation rights?

9. Case 7 • Consumer buys an expensive blanket in the trader’s presentation. Trader has not informed consumer about his cancellation rights according to the Doorstep selling directive. After the presentation consumer regrets his purchase. After one month his daughter informs him, that he can use the cancellation rights and to return the blanket. He goes to the trader, but trader says, that consumer can not use the cancellation rights anymore (he has delayed 7 days). • Question: • Is it possible for consumer to use cancellation rights from doorstep contract in this situation?

10. Thank You for Your attention!