Legal aspects of at-home sales and services

The Coronavirus has given in home sales and services a push. How can the consumer protect himself?

Legal aspects of at-home sales and services

Sales at home, like in-home services, are the ones that are made outside of the business outside of the business, in the customer’s home.

When we hire a business it’s a good idea to be clear on what our rights as consumers. The most opportune is to draw up a written contract and request the revocation policy. Big businesses generally offer a written contract but, in many cases, it isn’t shared with the customer if it isn’t requested.

The worst case is when you purchase something from a catalogue or request a service by phone.

To avoid legal disputes, we advise you to always have a written communication, even if only by email. Always ask for the name and position of the person sharing the information with you and ask specific questions.

For example, if you are purchasing household appliances, ask”

  • Do I need another device for the appliance I’m buying to work?
  • Does it work with the electrical current used in my country?
  • Is the plug or socket the one used by my country?
  • Is the mounting included? If not, how much does it cost?
  • Will they give me a demonstration when it’s delivered?

With these written questions and precise answers, even if it’s by email, you are establishing the legal sales terms.

The same goes home services:

  • Are the materials included in the price? If not, what materials are necessary and how much do they cost?
  • What guarantee do you offer me for the service?

Avoid generic answers like – we’ll talk about this later – or – don’t worry, we’ll reach an agreement. Answers like this seem to be made in good faith, but they are often the basis of a dispute.

It’s always important to clarify whether you have the right to revoke, and in the case where the period for returning the product after its arrival or complain about the service.

In Spain, for example, the following products or services exclude the right of revocation: the ones costing less than 48 Euros, those relative to construction, or selling or renting real estate, insurance, real  estate investment, notarized documents and food supply contracts with suppliers making permanent and regular transportation.

If, in a given case decides to return the product or demand to recall a service, must register a letter with a delivery receipt or an email.

If you have any complaint and they don’t respond, the most advisable thing to do is proceed with a letter from a lawyer where he legally expounds your complaint and allows you, in the majority of the cases, to reach a solution by common agreement. In case an agreement isn’t reached, you can turn to the authorities and consumer associations.

Caporaso & Partners have a vast experience in conflict mediations between consumers and businesses with positive results. Save money and the anger of a dispute, turn to a mediator like Caporaso & Partners.

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The views and opinions expressed in the web site are subject to change based on the laws, market and other conditions. The information provided does not constitute legal advice and it should not be relied on as such. All material(s) have been obtained from sources believed to be reliable, but its accuracy at the time you read is not guaranteed. There is no representation or warranty as to the current accuracy of, nor liability for, decisions based on such information.

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