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Consumer Information - Consumer Rights - Direct Sellers' Act Rights of consumers or obligations of businesses: -Direct selling means selling or offering for sale or soliciting orders for the future delivery of goods or services from door to door, from a hotel or motel, by written solicitation, by telephone or by any means other than by a merchant from a recognized retail store and means the sale or offering for sale or the soliciting of an order for the future delivery of a hearing aid regardless of the circumstances - The Direct Sellers' Regulation Act outlines a number of consumer rights that apply to direct sales, except for sales where - the goods or services sold are regulated by another provincial statute - the product is food or drink for consumption by humans or animals - the product is a newspaper - the goods or services are sold by any level of government - the goods or services are provided by a merchant with a recognized retail store in Nova Scotia where similar goods or services can be found - the goods or services are sold for a charitable purpose - the goods are sold under the Gasoline and Fuel Oil Licensing Act - the goods or services are sold by a student on behalf of the school they attend, for which they receive no direct compensation.-A permit is required to operate as a Direct Seller (company), and when goods exceed $100.00 in value, a salesperson license is also needed. If the seller does not have a license, they should have an identification card from the company they represent. -A direct seller must post a bond in case the company goes out of business owing products, services or refunds or the direct seller fails to satisfy a justified claim. -A contract is required when an item being sold exceeds $100.00 in value. -A contract must be in writing and include names and addresses of the buyer and seller, a description of the goods or services, price, terms of payment, warranty or guarantee information, and in the case of credit, a statement of security for payment. -A statement of cancellation rights must be provided to every buyer, even if a contract is not required. If no such statement is provided, the consumer can cancel the agreement within 30 days after the first goods or services are provided. -A consumer can cancel a direct sales agreement within ten days after signing the agreement. The cancellation must be in writing. This entitles the consumer to a full refund. No reason for cancellation is required. -Other cancellation rights exist when the salesperson or direct seller was not holding a permit, if the goods or services are not delivered within 90 days of the agreement, or the direct seller or salesperson failed to comply with the agreement. - When a consumer properly cancels an agreement, they can keep possession of the goods until all money paid has been refunded.
Please refer to the Act and regulations if you need a complete description of consumer rights.
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