How to deal with sales people

In Victoria, all electricity and gas retailers that sell to domestic and small business customers must comply with the Energy Marketing Code of Conduct for both telephone and door-to-door sales. Retailers also have obligations under the Fair Trading Act (administered by Consumer Affairs Victoria).

If a salesperson contacts you either at the door or over the telephone you do not have to take up an offer. If you do wish to change retailers or contract you can use our helpful Energy Facts: Guide to negotiating a contract to ensure you ask the right questions and get all the information you need to make your choice.

Your Rights

Retailers and their representatives:

• must not contact you (at home or over the phone) on Sunday or public holidays
• may only contact you between 9am and 5pm on Saturday and 9am and 8pm on any other day
• must carry identity cards
• must not engage in unconscionable, misleading or deceptive conduct
• must cease negotiations with you immediately upon request and must then refrain from contacting you for 30 days
• If you do not wish to be contacted by salespeople you can list your telephone number on the Governments Do Not Call register.

Information to be provided

Retailers must provide you with information before you enter into a contract, including:

• the type and frequency of your bills and payment methods
• details of all applicable prices, charges, tariffs and service levels
• your right to end the contract, and any charges for doing so
• any difference between your contract, and any charges for doing so
• the expected date when the retailer will become responsible for the supply of energy to your address. The retailer should advise you if there is any change to this date of more than one week.

Within two business days of entering into a market contract, the retailer must also send you:

• the full terms, conditions and applicable costs of the contract
• advice about your right to cancel the contract within the 10 day cooling off period
• information about concessions and other Government energy assistance schemes
• information about how to make a complaint, with reference to the existence of the Energy and Water Ombudsman (Vic), as well as information about the existence and scope of the Marketing Code.

Consent

You can enter into a market contract over the telephone or in person. Entering into a contract over the telephone means that you won't have to sign a written contract for it to take effect. Whether you enter the contract in person or over the telephone, you must provide your explicit informed consent before you are bound by the contract. This means that:

• the retailer must have provided you with clear information about the contract terms and conditions in plain English and given you adequate time to consider them
• you must be capable of understanding what you are doing and be authorised to enter into the contract. If you are not current account holder, it is best to get the consent of the authorised account holder before entering into a market contract
• you have to specifically say that you want to sign up to the contract

For further information see Energy Facts: Marketing