What is an off-premise purchase?

Have you bought something from a doorstep seller, a stall at the weekly market in your holiday resort, a stall in your ski resort or at an exhibition or trade fair? Remember: the concept of an ‘off-premise sale’ does not necessarily apply to all the above situations, which means that you cannot automatically rely on a right of withdrawal.

In European law ‘off-premise purchases’ are considered agreements you enter into:

• with a seller who is present in person at a location that is not his actual retail premise;
• in the seller’s shop or remotely (via the internet or by telephone) after being approached in person on your own at a location that is not the seller’s retail premise;
• during an excursion organised by the seller in order to promote his products or services.

Although it may seem quite clear initially, this definition of the concept of ‘off-premise purchases’ is actually rather vague and depends entirely upon what is considered a ‘retail premise’. It has to be examined case by case. ECC Belgium aims to provide guidance and:

• explain how the concept of ‘sales premise’ is defined;
• provide further details based on specific situations: purchases made at home, at a trade fair, market or exhibition, purchases made in public places or from seasonal sellers.

What is a ‘retail premise’?

In European law the concept of a ‘retail premise’ is:

• the seller’s physical retail space, recognised as such with an established reputation, where the trader conducts his activities on a permanent basis, on the one hand;
• any stall and/or other mobile facility in which the seller usually conducts his activities, on the other hand.

The latter description of the concept of a ‘sales premise’ is not particularly clear and needs to be assessed in each individual case.

What about purchases made at home?

Did you receive an unexpected visit from a doorstep seller? Were you interested in the seller’s products and did you ask him to arrange a home demonstration? Have these visits resulted in a purchase you now regret? No need to panic. Purchases made at home are incontrovertibly considered off-premise purchases, irrespective of whether or not you asked the seller to visit you at home.

This means that before concluding the agreement the seller must provide you with specific information and in principle you have a right of withdrawal.

What about purchases made at a trade fair, market or exhibition?

Have you placed an order at a trade fair, exhibition or market? These cases are much less clear, as it is sometimes difficult to establish whether the seller habitually conducts his activities at these temporary locations. These situations are open to interpretation and always have to be judged on an individual basis.

A seller’s stall at a weekly market is without a doubt his retail premise and is consequently subject to the in-store purchase scheme.

With a sales stand at a one-off or annual trade fair or exhibition the matter is less clear. These types of locations may or may not be considered sales premises, depending on the point of view and interests of each of the parties. You should, therefore, always be vigilant when making a purchase at such locations and ask the seller to clearly stipulate on the order form, agreement or invoice that you are entitled to a specific withdrawal period. If you fail to do so you will have to rely on his goodwill.

What about purchases made in public places?

You have bought something from a stall in a public place (street, shopping mall, beach, sports hall, public transport, etc.). If the seller only uses this location in exceptional circumstances, it is not considered a retail premise. In principle you will, therefore, have a right of withdrawal.

Were you tempted by an itinerant seller or did you buy a subscription or other product/service in a public place? In that case we are talking about an off-premise agreement and you have the right of withdrawal from the agreement.

What about seasonal sellers?

Did you buy something from a seasonal seller’s stall in a ski or beach resort? Usually these stalls are considered trade premises and you will consequently be covered by the in-store purchase scheme.