Mistakenly received an extra shirt in an order - what's the return policy? DEAN DUNHAM responds.
Got an extra shirt in your mailbox? Here's the lowdown on unsolicited goods and what to do:
When companies send you stuff you didn't ask for or order, they're considered unsolicited goods. And guess what? You don't have to return them or pay for them—it's the law, babe! These regulations are known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
But, there's a catch. If a company mistakenly sends something due to an error, such as delivering your order to the wrong person, they can ask for their goods back. But here's the kicker—they gotta pay the postage and handling costs!
Now, if the goods that landed on your doorstep are meant for someone else, the company can request their return. But remember, you can't be charged for return postage or handling unless you've agreed to it in advance or it's part of an applicable contract.
So, what if the company never asks you to return the goods? You can keep them, no strings attached! As long as you didn't deceive the company or act in bad faith, it's all good.
But, if you decide to keep your new found treasure without the company's blessing, they might accuse you of unjust enrichment, a legal term for benefiting unfairly at someone else's expense. In such cases, the court usually sides with the trader. So, it's always better to cooperate if the company contacts you regarding the return of their goods.
Now, that's not all—have a question for our legal expert Dean Dunham? Shoot an email to [email protected] with your issue, and maybe he'll lend a hand!
Remember—make sure your contracts and terms and conditions include a delivery policy to avoid these situations. Get the details on returns, refunds, and exchanges right here!
Disclaimer: While this advice has been provided by our legal expert, it should not be considered legal advice for your specific situation. Always consult a legal professional before making decisions concerning your legal rights.
References:
- Returns, refunds, and exchanges: https://thisismoney.co.uk/money/guides/article-3738252/What-returns-refunds-exchanges.html
- Consumer Contracts Regulations 2013: https://www.legislation.gov.uk/ukdsi/2013/9780111144117/contents
- Consumer Protection from Unfair Trading Regulations 2008: https://www.legislation.gov.uk/ukdsi/2008/9780111480709/regulation/2
- Consumer Rights Act 2015: https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
- CMA guidance on unsolicited goods: https://www.gov.uk/government/publications/consumer-protection-from-unfair-trading/consumer-protection-from-unfair-trading-european-guidance
- Trading Standards guidance on unsolicited goods: https://www.tradingstandards.uk/consumer-advice/your-consumer-rights/unsolicited-goods/
- Understanding mortgages and investing in property can be vital for personal-finance management, but be wary of companies that send unsolicited goods, as you're not legally obligated to return or pay for them.
- If a company mistakenly sends goods due to an error, such as a delivery mix-up, they can ask for their goods back, but they must cover the postage and handling costs.
- If goods are meant for someone else, the company can request their return, but you won't be charged for return postage or handling unless you've agreed in advance or it's part of an applicable contract.
- If the company never asks for the goods back, you're free to keep them, as long as you haven't deceived them or acted in bad faith. However, unjust enrichment may be a concern if you keep the goods without the company's permission.
- For more guidance on personal-finance matters, including returns, refunds, and exchanges, consider consulting Dean Dunham, our legal expert, by emailing [email protected]. Always seek legal advice from a professional for your specific situation.
