unwanted mail orders

stevenh_3

Hi everyone, hope someone can help me here.
My wife ordered some items from a company who advertised in a magazine.
Every thing fine, goods came, and they were paid for. Then they sent some more items (earrings) which she did not order, these were sent back with a letter explaining that she did not order these and did not want them. We thought that this was the end of it until they sent them again saying they could not take them back because of hygiene reasons, and now they say we must pay for them. What is the best course of action? (by the way the earrings are almost £70.00).

ariba10

Send them a letter to say you did not order them, you do not want them and would they please arrange to collect them. Send it recorded delivery and keep a copy of you'r letter.

Alfie_E

stevenh wrote:

What is the best course of action?

Keep them – the law says they are to be treated as a gift to you. If the company tries to pester you for payment, they’re committing a criminal offence. See the DTI’s Unsolicited Goods & Services page. The third paragraph refers to the changes made by The Consumer Protection (Distance Selling) Regulations 2000. Those changes mean the company lost all rights to the earrings as soon as you received them the first time around, and you have never had any responsibility to return them, or even explain that you didn’t ask for them.

Mark7799

Was there anything in the very small print that said they would be sending further items to you on a regular basis?

peter_the_piper

Mark7799 wrote:

Was there anything in the very small print that said they would be sending further items to you on a regular basis?

I might be wrong but I don't think it is allowed to issue terms and conditions which allow a supplier to send goods (on approval?) which they can refuse to take back.

*Louise*

Alfie_E wrote:

Keep them – the law says they are to be treated as a gift to you. If the company tries to pester you for payment, they’re committing a criminal offence. See the DTI’s Unsolicited Goods & Services page. The third paragraph refers to the changes made by The Consumer Protection (Distance Selling) Regulations 2000. Those changes mean the company lost all rights to the earrings as soon as you received them the first time around, and you have never had any responsibility to return them, or even explain that you didn’t ask for them.

Wish I had known about that a couple of years ago when a company was sending me stuff without asking!! :T

stevenh_3

Didn't see any small print regarding sending any other goods, but even so surely everything is on approval, otherwise companys would send all sorts of junk and expect payment for them.

IvanOpinion

'Didn't see any small print' is not an excuse .. you need to find out if there was any small print (including something that says earrings may not be returned). If not then as others have said the unsolicited goods act applies.

If you are in doubt about the small print I would be inclined to send them a letter telling them that unless they can prove otherwise that you are treating the goods as unsolicited and therefore unless they arrange to pick them up in X days you will be treating them as a gift.

Ivan

-=Mr-J=-

IvanOpinion wrote:

... send them a letter telling them that unless they can prove otherwise that you are treating the goods as unsolicited and therefore unless they arrange to pick them up in X days you will be treating them as a gift.

No need for a letter of X Days Deadline. If they were not requested by you or on your behalf, then they automatically get treat as a gift.

See this DTI Website Article for an 'official' stance on the subject.

As the article says, you used to be required to give a period of time, but the law changed. You do not even have to make contact to notify them.

stevenh_3

RESULT!!!!!!
Thanks to all who offered advice on this. After getting in touch with the company by e-mail quoting "Unsolicited goods and services act", I received a response next day saying that they will take the goods back on this occasion as a "goodwill" gesture.

IvanOpinion

-=Mr-J=- wrote:

No need for a letter of X Days Deadline. If they were not requested by you or on your behalf, then they automatically get treat as a gift.

You quoted me out of context. The sentence started 'If you are in doubt about the small print ' ... The OP was in doubt about the small print therefore rather than risking your reputation and your credit rating it is always better to check things out thoroughly and make sure of your facts. This is exactly what the OP did and they have got an acceptable result.

Ivan