For all those unpaid delivered items.

Sepheh

Sepheh

Sepheh

Soldato
Joined
14 Jul 2003
Posts
2,812
Location
Leeds
For all those people who receive gifts from companies, and don't quite know what to do with them, let me tell you this. Keep them! Last week I was delivered a 20" television from a company, I of course had not purchased this, but it came at the same time as something else. I called up the company and explained the situation, they said they didnt know about it or anything of the sort. Bit confused I left it in the box untouched. A week passed and nothing had happened with it. Just called up the Citizens Advice Bureau, and their advice on the matter, is any items sent to you with out payment can be considered as a gift. So pretty much this retailer has just sent me a 20" television as a free gift!

This has brightened up my day... think I may hook it up in the toilet... :o
 
Apparently under Consumer Protection (Distant Selling Regulations 2000, Regulation 24), that if a client recieves goods it can be deemed as an unconditional gift. Well something along those lines, so I am completely in my right to refuse to send it back, this is as told to me by the citizens advice bureau... They were shocked themselves!! So yeah, there you go...
 
Sepheh said:
Apparently under Consumer Protection (Distant Selling Regulations 2000, Regulation 24), that if a client recieves goods it can be deemed as an unconditional gift. Well something along those lines, so I am completely in my right to refuse to send it back, this is as told to me by the citizens advice bureau... They were shocked themselves!! So yeah, there you go...
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yes you do not have to send it back at all they have to collect it but they get upto 6 months to do so.
 
i once got a bottle of Hugo Boss aftershave in the post , i rang up and they said they had nothing to do with it :D
 
sven256 said:
yes you do not have to send it back at all they have to collect it but they get upto 6 months to do so.
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Oh well what I am sure there is a loop hole reading all of this, considering it a gift, I am going to give it a gift to someone else in my house hold... that would work :D
 
who cares plug it in in the toilet and be happy you dont have to use newspapers like the rest of us for in bog entertainment :p
 
I thought companies could ask for things back if say for example you ordered something then cancelled it but they still sent it, or you ordered one of something and they sent 2 by mistake. However i thought if a company sent you something completely randomly out of the blue you could consider it a gift.

i may be talking complete rubbish though...
 
BUSH said:
I thought companies could ask for things back if say for example you ordered something then cancelled it but they still sent it, or you ordered one of something and they sent 2 by mistake. However i thought if a company sent you something completely randomly out of the blue you could consider it a gift.

i may be talking complete rubbish though...
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I think that is pretty much along the lines of it...

Was considering plugging it into the bathroom because, well if you read my other thread, I have been signed off work this week because I have got in short a stomach infection giving me diahrea lol
 
BUSH said:
I thought companies could ask for things back if say for example you ordered something then cancelled it but they still sent it, or you ordered one of something and they sent 2 by mistake. However i thought if a company sent you something completely randomly out of the blue you could consider it a gift.

i may be talking complete rubbish though...
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^^ Correct. As its completely out of the blue you can keep it :).

/wishes things like this happened to me :(.
 
Cueball said:
Well then, know-it-all, bestow us with your "knowledge". :rolleyes:
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*giggles at sarcasm*

Reading that regulation it does sound like I can keep it no matter what now, and that was what I was told... more likely to listen to them than some know it all keyboard warrier :D
 
Inertia Selling
24. - (1) Paragraphs (2) and (3) apply if -



(a) unsolicited goods are sent to a person ("the recipient") with a view to his acquiring them;

(b) the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and

(c) the recipient has neither agreed to acquire nor agreed to return them.


(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.

(3) The rights of the sender to the goods are extinguished.

The rest:

Code: 
    (4) A person who, not having reasonable cause to believe there is a right to payment, in the course of any business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are - 



(a) unsolicited goods sent to another person with a view to his acquiring them for purposes other than those of his business, or

(b) unsolicited services supplied to another person for purposes other than those of his business,


is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

    (5) A person who, not having reasonable cause to believe there is a right to payment, in the course of any business and with a view to obtaining payment for what he knows are unsolicited goods sent or services supplied as mentioned in paragraph (4) - 



(a) threatens to bring any legal proceedings, or

(b) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so, or

(c) invokes or causes to be invoked any other collection procedure or threatens to do so,


is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

    (6) In this regulation - 



"acquire" includes hire;

"send" includes deliver;

"sender", in relation to any goods, includes - 

(a) any person on whose behalf or with whose consent the goods are sent;

(b) any other person claiming through or under the sender or any person mentioned in paragraph (a); and

(c) any person who delivers the goods; and



"unsolicited" means, in relation to goods sent or services supplied to any person, that they are sent or supplied without any prior request made by or on behalf of the recipient.
    (7) For the purposes of this regulation, an invoice or similar document which - 



(a) states the amount of a payment, and

(b) fails to comply with the requirements of regulations made under section 3A of the Unsolicited Goods and Services Act 1971 or, as the case may be, Article 6 of the Unsolicited Goods and Services (Northern Ireland) Order 1976 applicable to it,


is to be regarded as asserting a right to the payment.

    (8) Section 3A of the Unsolicited Goods and Services Act 1971 applies for the purposes of this regulation in its application to England, Wales and Scotland as it applies for the purposes of that Act.

    (9) Article 6 of the Unsolicited Goods and Services (Northern Ireland) Order 1976 applies for the purposes of this regulation in its application to Northern Ireland as it applies for the purposes of that Order.

    (10) This regulation applies only to goods sent and services supplied after the date on which it comes into force.
 
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