Doorstep selling, also known as door-to-door selling or Haustürgeschäfte, is a commercial practice where traders visit consumers' homes in an attempt to sell them goods or provide services, even though they have not been invited to do so.
While this practice is authorised in Luxembourg—in compliance with European law which provides that a door-to-door sales visit from a trader at the home of a consumer does not constitute an illegal act—there are legal provisions aimed at protecting consumers. In particular, this relates to mandatory information that must be provided by traders when they knock on the door.
Consumers can also ask traders offering goods or services to leave their premises and not return. Lastly, consumers who do not wish to be disturbed whilst in their own home can indicate their refusal of door-to-door selling.
In practice, there are two possible scenarios:
If consumers fail to place a sticker, or any other sign indicating that doorstep sellers are unwelcome, at the entrance to their house, apartment or at the main entrance to their residence, this means that they agree that traders could call at their home to offer them goods or services. Two scenarios are then possible.
Under normal circumstances, traders should normally respect the consumer's wishes and leave the premises. However, if the trader insists on entering the consumer's house or apartment, and if the consumer ends up letting the trader in and then purchases goods or services, the consumer is entitled to take legal action to request that any contract that has been signed be declared null and void and that any money paid be returned. The request to have the contract declared null and void does not have to be made within 14 days.
Providing proof: the consumer must be able to prove that they asked the trader to leave or not to return. Proof may be provided by any means, such as, for example, by witnesses. If the consumer is pressured into signing a contract after having attempted to refuse to enter into a discussion with the trader, and if there is a problem with providing proof, the consumer must not waste any time in exercising their right of withdrawal.
It is perfectly legal for consumers to purchase goods, or to order services, in their own home. If they do so, then they enjoy certain rights.
Before signing a contract, consumers must be given, amongst other things, information regarding:
The consumer is entitled to receive this information on paper.
If the consumer fails to receive this information, and if said information—or any other information that the trader is obliged to provide—is deemed to be essential, the consumer can take legal action to request that the contract be declared null and void and that the money paid to the trader be reimbursed.
Consumers have 14 calendar days to withdraw from the contract:
Please note: withdrawal is not possible if the service is performed in full after the consumer has given their approval and acknowledged the loss of their right of withdrawal.
If the trader failed to inform the consumer of their right of withdrawal and did not provide the special withdrawal form, the deadline for withdrawal is extended by one year. In addition, the trader may not claim compensation for any loss of value of the goods used during that time, or for any services provided if the consumer was not informed of their right of withdrawal.
If consumers do not want traders to come calling at their home to sell them goods or offer them services, they can place a sticker or any other sign indicating that doorstep sellers are not welcome at the entrance to their house, apartment or at the main entrance to their residence. The consumer can choose the type and wording of this sign themselves, provided that the refusal to accept doorstep selling is clearly expressed.
For example: "Colportage Nee merci", "Pas de colportage", "Non au porte-à-porte", "Colporteurs et démarcheurs interdits d’accès" or "Keine Haustürgeschäfte" (No door-to-door selling; No doorstep trading; etc.).
To assist consumers who wish to demonstrate their desire not to be disturbed in their own home, the Government has had a sticker designed, which can be obtained free of charge, from:
If, despite the sticker or any other sign indicating refusal of entry to the building, traders still come calling to offer their goods or services and, in spite of everything, the consumer still signs a contract, they can take legal action to request that the contract be declared null and void and that any money paid be returned. The request to have the contract declared null and void does not have to be made within 14 days.
Traders risk a substantial fine of between EUR 251 and EUR 120,000, as well as the confiscation of their merchandise and car, even if the latter is not owned by the traders themselves. They still run these risks even if the consumer ends up not signing a contract.
Consumers also have the right to withdraw from contracts within 14 days, without having to state a reason.