What to do now
Official national explainer (NSW.gov page on ACL unsolicited consumer agreement rules): Unsolicited consumer agreements. Soft cite: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) on the Federal Register of Legislation.
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Check the clock today. You usually have 10 business days to cancel without penalty. For phone deals, day one is the first business day after you receive the written agreement. For other deals, day one is the first business day after the agreement was made.
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Cancel now if you are still inside the window. Tell the supplier you are terminating (orally or in writing). Keep a dated note of what you said, who you spoke to, and when. Written notice (email, letter, or the termination notice that should come with the agreement) is easier to prove.
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Do not pay during cooling-off, and push back if they try to supply. During the 10 business day period the supplier must not accept payment or supply the goods or services. If they already took money, ask for a prompt refund when you cool off.
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If the salesperson broke the rules, you may still have up to 3 months or 6 months to cancel (see Extended periods below). If they refuse, complain to your state or territory fair trading agency (NSW example: NSW Fair Trading complaints).
This is legal information about Australian Consumer Law unsolicited consumer agreements, not personal legal advice.
Is this an unsolicited consumer agreement?
On the NSW.gov ACL explainer, an unsolicited consumer agreement is when:
- a supplier or salesperson approaches or telephones you without you inviting them
- negotiations happen by phone, or in person somewhere other than the supplier's premises
- the total value is more than $100, or the value was not agreed
If something goes wrong, the business must prove the agreement was not unsolicited.
Common examples: door-knocking, cold calls, shopping-centre approaches, and missed-call leave-a-message callbacks. Often also unsolicited: a competition entry that agrees to supplier product contact, or a quote visit where the supplier then pushes into negotiation.
Usually not unsolicited: the supplier leaves a quote and you later approach them to accept or renegotiate. Agreements that are not unsolicited may not get this cooling-off protection.
Cooling-off clock (10 business days)
You can cancel without penalty during the cooling-off period.
- Phone deals: cooling-off starts on the first business day after you receive the agreement document.
- Other deals: cooling-off starts on the first business day after the agreement was made.
You should get a written copy ASAP for face-to-face deals, or within 5 business days for phone deals (longer only if you agree). The front page must carry the required cooling-off notice about cancelling within 10 business days from and including the day after you signed or received the agreement.
During the cooling-off period
The supplier must not:
- accept any payment under the agreement
- supply the goods or services
Goods or services supplied in that window are treated as unsolicited supplies. Salespeople must tell you about cooling-off rights. The agreement should include a usable termination notice with the supplier's details (name, business address that is not a post box, ABN or ACN, and fax or email if they have them).
It is an offence for anyone to tell you to waive your cooling-off rights. Provisions that cut down your right to terminate, or that restrict the ACL unsolicited rules, are void.
How to terminate
You can terminate orally or in writing. The termination date is the date you sent or gave notice.
Once you give notice during cooling-off, the agreement is void, even if:
- written notice has been given but the supplier has not received it yet, or
- goods or services supplied have been wholly or partly consumed or used
Related contracts tied to the cancelled agreement are also void. When you cool off, the supplier must promptly refund money paid under the agreement or a related contract, and must not chase you as a debtor for that deal.
After a cool-off on goods: return unused goods within a reasonable time, or tell the supplier where to collect them. If they do not collect within 30 days, you can keep them. Compensation for careless damage is possible; normal use is not. If you terminate after the cooling-off period and a service was already provided, you may have to pay for that service.
Extended periods (3 months / 6 months)
You can terminate up to 3 months after the agreement is made (or after you receive the documents for a phone deal) if the salesperson:
- visited outside permitted selling hours
- did not disclose the purpose of the visit
- did not produce identification, or
- did not leave when asked
The period stretches to 6 months if the salesperson:
- did not provide information about the cooling-off period, or
- breached other unsolicited agreement requirements (for example no written copy, missing required agreement information, or supplying during cooling-off)
Hours, ID, and Do Not Knock
Telemarketing (Do Not Call Register Act / telemarketing standards): weekdays 9am–8pm, Saturdays 9am–5pm. Not Sundays or public holidays.
Door-knocking: weekdays 9am–6pm, Saturdays 9am–5pm. Not Sundays or public holidays. Any time is allowed if an appointment was made and accepted.
At the door, the salesperson must explain the purpose of the visit and show ID (name and organisation). They must leave when asked. After you ask them to leave, they must not contact you for at least 30 days about that product or service from that visit (they can still visit about a different supplier's goods).
Hang a Do Not Knock sign from the ACCC. It covers sales door-knockers, not charity fundraisers or religious groups.
Where to complain
If the business ignores a valid cool-off, contact your state or territory consumer agency. NSW example: NSW Fair Trading complaints and enquiries. Soft cite: the NSW.gov unsolicited consumer agreements page (same ACL rules nationally).
Different ACL path (faulty goods, not cooling-off): Faulty goods: major vs minor problems and refunds.