Wine Problem

Anthony164

About 6 months ago, I was called by a wine company and asked to buy some wine as it was on offer, I told them to send me the details of the wine so that I could decide whether to purchase them. They then delivered the wine while I was on holiday without me asking to buy the wine. I had no contact from them for over 5 months, I even forgot about the wine. After a drunk night, I realised I opened two of the bottles and the next day received a letter saying I need to pay for the wine which they sent and I hadn't asked for it. Is there anyway I can avoid paying for the wine? as I hadn't asked for it? I would happily send the rest back as I don't want it

skintpaul

offer to pay for the remainder.. you cannot expect them to send you x bottles of wine, for nothing!

Amys

It sounds like there may have been some type of mistake.




The legal position with unsolicited goods is outlined here
http://www.onlineshoppingrights.co.uk/legally-can-i-keep-second-laptop.html


If there was a contract formed then the company will have some evidence, also do you have any evidence that you did not solicit the goods, e.g. when you got back from holiday and found the wine had been delivered, did you get in contact with them to ask why they had delivered it? If so them sort out the proof as you may need it.


(I am NOT a solicitor, so you may need more professional advice)

pinkshoes

The fact you have drunk some would no doubt show you have accepted the contract.

Although they were unsolicited goods, it was your responsibility to take care of them until the supplier collected.

Pay for them and learn from the mistake.

zagfles

See https://www.citizensadvice.org.uk/consumer/common-problems-with-products/problems-with-delivery/unsolicited-goods/you-ve-received-goods-or-services-you-didn-t-ask-for/

dacouch

My own wine problem is that I have two hands but only one mouth

arcon5

I think you'd struggle to argue they are unsolicited goods.

And struggle even more to justify drinking the wine which you accept didn't belong to you as them sending it was nothing more than a massive c0ck up

agrinnall

So you opened two bottles while drunk that you'd safely stored for the previous 5 months, then the very next day you received a letter asking you to pay for the wine? I find your story very hard to believe I'm afraid.

George_Michael

pinkshoes wrote: »

Although they were unsolicited goods, it was your responsibility to take care of them until the supplier collected.

If the wine delivery did qualify as unsolicited goods and not simply something sent in error then the receiver has no responsibility to either take care of it until collected.
In fact, they do not have to allow the sender to collect nor do they have to pay for it as the law now classes unsolicited goods to be as a gift.

robatwork

Yes those wine bottles obviously had the infamous winesensorpro devices that sensed you had opened a couple of bottles, and that chap sitting outside your house for the last 5 months was finally able to date and seal the letter to pop through your letterbox.

pendragon_arther

Hic, tell them theysh made a mishtake and take a running jump, hic...