Make sure this isn't a "test" purchase on your credit card or similar.
Can you point me to the relevent bit of law that says this? As I didn't think things were quite so black & white.
From Consumer Direct
Scams
Unsolicited gifts
Some companies send "gifts" such as ballpoint pens, key chains, books or recipe cards through the mail without them being ordered. They just turn up out of the blue.
This is inertia selling. If you're the type of person this company is looking for, you may feel guilty about keeping the item without paying for it. Don't feel guilty! It's yours, and you are under no obligation to pay anything if you did not order the goods.
You may advise the sender in writing that you don't want the goods and say where they can be collected. However, a consumer is under no obligation to do so. Under the Consumer Protection (Distance Selling) Regulations 2000, it is a criminal offence to demand payment for unsolicited goods from a consumer. Any goods delivered can be kept, for free, by the consumer.
The position is a little different when unsolicited goods are received by a business. In this case, the recipient should notify the sender (registered mail is recommended) that the goods are not required and will not be paid for, and to say where they can be collected. The business recipient is required to keep the goods safe for a period of six months. If they are not collected within this time, the recipient can dispose of the goods as they see fit.
If you have received an unsolicited gift and are unsure how to proceed, call Consumer Direct for advice.
This factsheet is intended to provide general information only, and should not be taken as a full statement of the law on this subject. Phone your local Consumer Direct centre, or contact an alternative consumer support service if you need further or more detailed advice.
Can you point me to the relevent bit of law that says this? As I didn't think things were quite so black & white.
It is widely thought that if you receive unsolicited goods which are addressed to you, followed by a demand for payment for the goods, you are required to return the goods or make them available to be collected. This is not the case. The law was changed from 1 November 2000. Prior to that time, you were required to give notice to the sender, requiring them to collect the goods within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as your own property.
As the law stands now, you have no obligation to return unsolicited items or to pay for them and can treat them as your property on receipt. Under the Unconditional Goods and Services Act 1971, as amended, it is an offence for anyone to send unsolicited goods and then to demand payment for them, or to demand payment for an unsolicited entry in a trade directory.
The rules on unsolicited goods changed not so long ago - basically they are yours after a certain number of days.
You don't need to inform them of the mistake - they have to realise they messed up and arrange collection from you.
Basically for safety I'd keep it sealed for 28 days.
If after that time nothing has been said then a nice free gift for you.
The rules on unsolicited goods changed not so long ago - basically they are yours after a certain number of days.
You don't need to inform them of the mistake - they have to realise they messed up and arrange collection from you.
The Consumer Protection (Distance Selling) Regulations 2000 state that unsolicited goods which have not been ordered and are sent ‘out of the blue’ can be treated as an unconditional gift; in other words, you can keep them or dispose of them as you wish. The Regulations make it a criminal offence to demand payment or threaten legal action to obtain payment for unsolicited goods or services.
I'm still unsure of what technically under law makes the difference between unsolicited goods and a mistaken delivery.
check your debit card statements. Most companies (and banks) will refuse delivery to anything other than the registered billing address for first purchases. It may be that someone has used your card to order themselves a blu-ray drive whilst masquerading as you.
As consumer direct says ‘out of the blue’. Ie you haven't ordered something and they have simply made a mistake shipping it twice or giving you the wrong product.
There is no invoice, he has not ordered anything recently.
eg. If I ordered a 19" monitor from ocuk and they sent me two by mistake I would have to contact ocuk and inform them. it is up to them to collect it. If I ordered the seam monitor but they delivered a £3k 30" panel by mistake, the same applies.
However If I do not order anything from ocuk and they just randomly send me a monitor, then that is unsolicited and you can keep it.
What if you ordered a monitor from OcUK 3 months ago and then due to a packing machine cocking up or something they sent you a graphics card now?
Would that be unsolicited or a mistake?