Letter to Terminate Unsolicited Consumer Agreement

This letter may be used to cancel unsolicited consumer agreements. A consumer agreement arises when a purchaser buys a product from a vendor (even if no written agreement is used). The document provides a simple template that enables a person to cancel the contract in accordance with their rights, to request confirmation of such from the supplier and to recover any deposit if paid.

If a consumer agreement qualifies as an "unsolicited" agreement according to the definition in the Competition and Consumer Act 2010 (Commonwealth), then the purchaser has certain rights regarding termination of the agreement.

For example, if the purchaser enters the agreement after receiving an uninvited telephone call from the vendor, the agreement might qualify as "unsolicited". In addition, if the vendor is engaging in door to door sales, and the purchaser enters the agreement after the vendor knocks on the purchaser's door (again, uninvited), then the agreement might qualify as "unsolicited".

However, if the purchaser walked voluntarily into the vendor's shop before making the purchase, then the consumer agreement is unlikely to be considered "unsolicited". In addition, if the purchaser gave the vendor his or her phone number and asked for a call about the product, then the consumer agreement is unlikely to be considered "unsolicited".

Regardless of whether or not the consumer agreement is actually "unsolicited", the purchaser may complete this letter and send it to the vendor if the purchaser wants to. However, the vendor may dispute the purchaser's right to terminate the contract. If the purchaser has concerns about their rights in this regard, seek legal advice.

How to use this document

The Competition and Consumer Act 2010 (Commonwealth), which gives purchasers the rights to terminate this unsolicited agreement, also requires purchasers to act quickly if they are going to use these termination rights.

The exact timeframe depends on some of the surrounding circumstances, but the purchaser may have as little as 10 days to act, before losing the right to terminate.

Once the document has been completed, simply post it to the business that was to supply the goods or services, and wait for them to write back to confirm that the services have been cancelled. Keep a copy of the letter for your own records.

Be aware of the relevant timeframes, and consider using express post in order to get the letter to the vendor in time. In addition, it is worth considering the use of a tracking system such as registered post in order to keep a record that the vendor has received a copy of the letter.

If the letter is not going to reach the vendor in time, it is also possible to telephone the vendor to terminate the contract orally, making a note of the date and time of the telephone call, and then to follow up with this letter.

Applicable Law

The rights to terminate unsolicited consumer agreements are provided by the Competition and Consumer Act 2010 (Commonwealth).

In addition, general principles of contract law, as provided by the common law, may also be relevant.

Further information is available from the Australian Competition and Consumer Commission. If in doubt, seek legal advice.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.