pcd> But one of those goods *was* ordered; that a total of six or seven of pcd> those goods arrived does not mean that any of them was "unsolicited" as pcd> such
Does to me. Do you know for a fact that there has been a court case to the contrary?
The term "unsolicited goods" has a very specific legal meaning. It doesn't mean anything that comes through the post that you didn't specifically order. It means goods KNOWINGLY and INTENTIONALLY sent by the supplier in the hope that they can bully you into paying for it. For example, if out of the blue, a company sent you an expensive book and asked you to return your payment (or the book if you don't want it), then it is unsolicited goods and you can keep the book. If out of the blue, amazon sent you a book and didn't ask for money, but it was obviously sent in error (i.e. to the wrong address, or additional to an order you had made), then it is not unsolicited goods and you can't just keep it.
Christian.
cm> The term "unsolicited goods" has a very specific legal meaning. It doesn't cm> mean anything that comes through the post that you didn't specifically cm> order. It means goods KNOWINGLY and INTENTIONALLY sent by the supplier in cm> the hope that they can bully you into paying for it.
Seems ridiculously hard to prove. not that that is unusual in consumer laws.
cm> you can keep the book. If out of the blue, amazon sent you a book and didn't cm> ask for money, but it was obviously sent in error (i.e. to the wrong cm> address, or additional to an order you had made), then it is not unsolicited cm> goods and you can't just keep it.
Well, buggered if I'm going to spend time and/or money correcting their mistake for them, and if I just ignore it I am providing them with free warehousing, so I don't seem to have any option which is both legal and acceptable.
Maybe I just put it out in the street, so long as i can do so without being done for littering.
It is easy to prove, as the company will ask you to pay for the goods after you have received them. This is not the usual method used by a reputable mail order business, where payment (and free choice of goods) is expected before dispatch.
Christian.
If you asked for the goods, then it doesn't come under the regulations, whether you pay after delivery or not. If the goods are delivered without asking for them, and then they ask you to pay for them despite them KNOWING that you didn't order them, then it does cover it. The situation where some customer services monkey asks for money after a genuinely accidental delivery is probably a grey area that requires a lawyer to sort out.
This law is not intended doesn't cover accidental deliveries. It is to stop companies having a business model where they intentionally deliver goods that are not wanted and then attempt to extort sufficient money with threatening letters to old grannies to cover those that keep the goods and make a profit.
A friend of mine got some free goods the other day. A salesperson came around with a bunch of samples and left them on the reception desk with an order envelope, despite being told not to. They asked the company to remove them immediately. They didn't. So they kept the samples as unsolicited goods.
Christian.
"Christian McArdle" wrote | This law is not intended doesn't cover accidental deliveries.
AFAICS it does, and unsolicited goods do not immediately become the recipient's. The recipient can inform the sender and request the goods to be removed, which the sender must do within 30 days of being informed, after which time the goods become the recipient's, or the recipient can keep them for six months without informing the sender, but must keep them safe and not use them, and return them to the sender if requested to do so within the six months, only after which time do the goods then become the recipient's.
Now, if Screwfix or anyone else can't track their deliveries for six months I think it's perfectly reasonable to enjoy a freebie, but if after 5 months they say "we sent you some things in error can we have them back please" then AIUI you have to return them to Screwfix. (Especially if you signed for them!)
If half a dozen No.6 x 1" screws come through your letterbox without explanation then you might not wait for the full six months; you might think it was a free gift or a sample or an apology for the last lot of poor service or whatever (and I think this applies to the agents who put catalogues through your letterbox and then come round and ask for them back if you don't buy anything) - the law does not concern itself with trifles - but if you order one SDS drill and six materialise, you know perfectly well they're not yours and to pretend otherwise is dishonest.
Homily over :-)
Owain
IANAL. The law has since changed. I believe that unsolicited goods may now be kept immediately. However, the specific law in question does not apply to accidental deliveries. These are covered in different legislation. You can only keep accidental deliveries if you reasonably believed that the goods were not sent in error.
Christian.
Since 31
Well what the regulations say is" if unsolicited goods are sent to a person ("the recipient") with a view to his acquiring them".... then certain things follow [1 & 2]. If you receive goods addressed to
*you* at your address then it seems a reasonable assumption that the sender intended you to acquire them. If they are sent to your address but to someone who doesn't actually live there, then perhaps a mistake has been made and the sender *didn't* intend that *you* should acquire them. [1] Since 31st October 2000, if you receive goods that you have not ordered then you can treat the goods as an unconditional gift and deal with or dispose of the goods as you wish. You have no obligation to return the goods to the sender nor to permit the sender to retrieve the goods. [2] If the sender demands payment for the goods he is committing a criminal offence.The Sale of Goods Act doesn't apply because there is no contract in place. The Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) do apply. See Regulation 24.
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