Unwanted delivery from Germany & 700 euro bill!

modjohnc

I have received a delivery (and signed for in error) of a part for my motorhome from a company in Germany and Bill for 700 euros.

I registered with the company’s on-line shop approximately two months ago, I recall checking the cost of the part / shipping & tax by adding to a shopping list. I am pretty certain I proceeded no further than this and then closed the web page. I could not justify the cost due to the condition and age of my vehicle. I have since had the part manufactured locally. Maybe some error has occurred on the web site causing the order to be submitted? Prior to the package being delivered I had received no confirmation via email, telephone or letter that any order had been placed, which would have alerted me to the error. I have been unable to log on the on line shop to check for any order history as there appears to be a fault with the web site.

Where do I stand legally, the web site gives conditions of sale stating sales contract is deemed as accepted by the customer when delivery is signed for?

Should I return it and stand the cost of shipping? I have not submitted any financial details.

The company is likely to be upset as the part has been manufatured specialy and will not be a common order.

modjohnc

Oh, and they want 10% of the order value for restocking fee!

corbyboy

Is it normal for them to build a custom part and send it to another country without taking any payment details first?

aeb_2

Did any money leave your account?

pinkshoes

Clearly an error on behalf of the company, as no manufacturer would ever make something without having at least the card details of the person!

I would write to them, telling them of their error, and asking them to arrange collection of the part within the next 14 days, otherwise you will have to charge them storage costs of £5 a day.

It's their error not yours, so don't feel bad! DO NOT pay for return postage, and DO NOT pay a 10% re-stocking charge!

redped

So how did the company get your credit card/debit card/paypal details? These are usually the last details to be entered on a web page, so I can't see how you were just playing with the full, delivered prices, and accidently entered your payment details.

Edit: Re-reading your OP, am I right in thinking they manufactured the part and sent it to a foreign country, and THEN asked for payment?

pendulum

If they have taken payment from you already, and the "bill" for 700 euros is actually a receipt, then it sounds like you went too far in the ordering process and actually bought it.

If they have delivered you the part, along with an invoice requesting the 700 euros payment, then I'd be much more inclined to believe your claim that their website was at fault, because no company would send a 700 euro part to an individual in a foreign country without getting payment first. In that case, just let them know their website was at fault and to collect the item at their cost.

modjohnc

No card or bank details disclosed, just invoice for the 700 euros. Will email requesting return of take it from there.

Have read elswhere that invoice on delivery is not uncommon in Germany, but I'm sure without some confirmation of order I can't be held to account for the 10% restocking charge. It is the statement that in the T&C's that custormer accepts contract on signing for the delivery that troubles me.

RobertoMoir

modjohnc wrote: »

No card or bank details disclosed, just invoice for the 700 euros. Will email requesting return of take it from there.

Have read elswhere that invoice on delivery is not uncommon in Germany, but I'm sure without some confirmation of order I can't be held to account for the 10% restocking charge.

Well this is the whole thing isn't it - if they can't show you placed an order (have you checked the website? I assume you have an online 'account' for their website? If so, what does it show?) then this is delivery of unsolicited goods in error. They need to make arrangements to have them returned at no cost to you, and you should be a nice person and co-operate with making that happen as far as is reasonable.

modjohnc wrote: »

It is the statement that in the T&C's that custormer accepts contract on signing for the delivery that troubles me.

I wouldn't worry about that. That simply doesn't stand up (at least not without the first intent to place an order on your part) - its entirely possible for a part to be sent to you in error and, given the way our postal/delivery system works, signed for by a neighbour or spouse who is unaware of whether or not a contract should exist, and who is not in a position to commit you to anything.

olly300

modjohnc wrote: »

No card or bank details disclosed, just invoice for the 700 euros. Will email requesting return of take it from there.

Have read elswhere that invoice on delivery is not uncommon in Germany, but I'm sure without some confirmation of order I can't be held to account for the 10% restocking charge. It is the statement that in the T&C's that custormer accepts contract on signing for the delivery that troubles me.

In a country like Germany people tend to follow the rules this means businesses owners don't tend to be as nasty and money grabbing as UK ones.

I suggest you contact them and tell them they sent you a part in error which you definitely didn't order from them, and ask them if they want it back.

If so, they need to send a courier around to your house to pick it up. Tell them the courier needs to contact you first to make sure you or someone else in your family is in to give it to them.

There is no need to be horrible and demand storage fees unless they decide to try and charge you storage fees.

Flyboy152

modjohnc wrote: »

No card or bank details disclosed, just invoice for the 700 euros. Will email requesting return of take it from there.

Have read elswhere that invoice on delivery is not uncommon in Germany, but I'm sure without some confirmation of order I can't be held to account for the 10% restocking charge. It is the statement that in the T&C's that custormer accepts contract on signing for the delivery that troubles me.

Under the The Consumer Protection (Distance Selling) Regulations 2000, they are not allowed to charge you a re-stocking fee. You are entitled to cancel the order within seven working days (i.e. not including weekends and public holidays), with the first day starting the day after delivery. However, as this was not actually ordered, the responsibility of paying for the return postage is theirs.