Order cancelled, but goods still delivered! What are my Rights?

Kurenka

I placed an order with a company earlier this month, however a few days later I recieved an email me telling me that my order had been cancelled and money refunded. When I questioned this I was told that I had stumbled across an old link that should not have existed, and the product I ordered was no longer available for individual sale, I would have to sign up to a monthly deal for a minimum of 3 months.

I did not reply to this email as I am not in a financial position to sign up for this, it was to be a 1 off treat, and a few days later, the money was returned onto my creditcard.

However this morning, mysteriously, the goods arrived! I'm very confused, as there is no invoice in with the goods, and I have not been re-charged again on my creditcard.
According to my father this may be classed as "unsolicited goods", as the order was cancelled, and I can keep them. Is this true, or do I have to return the goods as I have not paid for them? (Although it was THEM who cancelled the order, not me).

There is one other issue with these goods, and that is that they are perishable, and are Best Before January 4th 2012. So by the time I get the Goods back to them would they even have chance to re-sell them anyway?

Optimist

You have the right and indeed the responsibility to contact the company and ask them to collect them. If as you say they are perishable the odds are they will let you retain them.

Your father is incorrect this is nothing to do with unsolicited goods it is a mistake.

arcon5

Agree with above.

You also have a duty of care with the goods, including making the goods reasonably available for collection at your convenience and their expense.

“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.

You made a prior request for the goods (invitation to treat), they rejected your offer but have mistakenly dispatched the goods to you.

pendulum

How much money are we talking here?
The value affects the likely course of action that the business might take.

Kurenka

It's a £25 cask of Ale, which as stated in their own email to me, they don't sell anymore (I was told I'd have to sign up to their monthly order by Dec 14th to recieve this particular brew, so sticking to their own rules, they won't be able to send it out to anyone else as it's too late to sign up and get this type of ale, a different one would be sent out instead.)

Thanks for the advise though, I'll contact the company involved on Monday.

unholyangel

If they do want them back, you could always offer to buy them at a reduced price to save them the return delivery costs and hassle of trying to resell