What are your rights if you're sent goods you didn't order?
Melinda Harvey of Nelson recently bought a hair straightener from Brand Developers Ltd (trading as TV Shop). She clearly told the company at the time that she wasn’t interested in receiving other goods from it.
A short time later the company sent a package containing hair products. To complicate matters, the company was bold enough to debit Melinda’s credit card for the goods.
She contacted TV Shop which agreed to refund her money and send out a courier pack so she could return the goods. Melinda asked us about her rights.
“Why should I be chasing them, and what right do they have to take money when they have no authority?”
The law
If you’re sent goods you didn’t order, the Unsolicited Goods and Services Act applies. You can of course decide to keep the goods and pay for them. Or you can return them to the sender, but you’re under no obligation to do so.
If you don’t pay for the goods or return them the Act gives you two further options.
- With option one you can wait for three months, after which time you can keep the goods unless the sender arranges to collect them.
- Under option two you can write to the sender and ask them to collect the goods. Your letter should describe the goods and should include your name and address (or an address where the goods can be collected). It should also state that the goods are unsolicited. If the sender doesn’t collect the goods within 30 days (or 34 days if you have posted the notice), you can keep them.
During this time you must not use, damage, destroy or dispose of the goods. You must not unreasonably prevent the sender from collecting the goods if they wish. If you do any of these things you’ll be liable to pay for the goods.
It’s illegal for the sender to demand payment or to threaten legal action unless it reasonably believes it has the right to do so (for example, you’ve prevented them collecting the goods).
Melinda’s questions
We think Melinda has a good point. Why should she have to chase up the sender? We think suppliers of unsolicited goods should be required to include a clear notice telling consumers of an easy and cost-free way of contacting them to arrange return of goods, otherwise the consumer should be able to keep them from the date of delivery. It should be a breach of the Fair Trading Act to fail to do so.
Based on what Melinda told us, the sender had no right to debit her credit card. Melinda could complain to the credit card company and ask for a charge-back.
More from consumer.org.nz
- Mail-order sales - our guide to your rights
- Fair Trading Act - your rights under the Act
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I am dealing with a similar complaint.About last November a rep from IMP phoned and asked me if i wanted a free gift. I declined but he kept on so i agreed and a chea watch duly arrived. some time later the first CD arrived arrived. I didn't open it and then another and another. I phoned the Co and agreed to pay $9.95 postage for the "free gift and that would be the end of it. The long and short is they are now chasing me for the postage to the tune of $60.00. I returned the CDs, unopened, but they keep adding $10.00 to each demand even though i never wanted no asked for the goods and have returned them, maybe i should have kept them and got them to ask for them back.
A word of caution: be sure to read the fine print whenever you purchase, especially online or TV ads: you may be agreeing to purchase more than you think. Even replying by text to a solicitation can "give permission" for further involvement with a company.
A couple of years ago I bought a CD off Time Life via their tv commercial. It was one of those offers where the CD was a good price (Around $20.00) and also came with another free CD. I rang and paid by credit card over the phone. Here is the catch...the free CD does not come until a few weeks after the one you ordered. When it does come it has another CD included which you didn't order..same series but this time it is $40.00...if you don't return it within 10 days then they automatically debit your card...and then they send more and more...I phoned them, sent CDs back, told them not to send any more and threatened legal action if they debited my credit card again without my permission. They then sent me another one. I didn't return it and they didn't pick it up. They then started to harass me to pay...letter after letter...threatening all mannner of debt collection (seemed that was another little side line they did)..I had already checked the law..they could have arranged to collect it any time...but they didn't. Since when did using a credit card once allow companies to start debiting your card whenever they felt like it without your permission? If I go into a shop and buy a pair of shoes on my card, that does not give the shop the right to periodically send me shoes and debit my card...these tv companies try to imply that you have somehow joined a club...but I have never been told that buying one of their products gives them permission to continue sending products or using my card. My advice is don't use them...I think these tactics are as close to fradulent as the law will allow.