If you received two shirts instead of one from your online order, are you obligated to return one? DEAN DUNHAM offers his take.
You bought a shirt online, but the store accidentally sent you two. You're wondering if you have to tell them about it.
Here's the lowdown:
If you get goods you didn't order, they are classified as either 'unsolicited goods' or 'goods sent by mistake'. The distinction is crucial as it determines the legal standpoint.
Items that companies send without being ordered are classified as unsolicited goods, and the law, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, grants you the right to keep them. This means you aren't obligated to return these goods or pay for them.
But things change when items are sent by mistake, like your extra shirt. In this case, the law recognizes that a mistake has been made, and the goods belong to the trader. So, you don't have the legal right to keep the shirt and have to either pay for it or send it back.
However, the trader's mistake shouldn't leave you out of pocket, so the onus is on them to arrange for the goods to be returned and pay for it.
So, when you receive goods in error, my advice is to inform the trader as soon as possible in writing and ask them to arrange for collection within a reasonable deadline, say 7-14 days. After that, you can dispose of the goods or charge them for storage.
But here's a word of caution: If you decide to keep the goods regardless of the trader's wishes, they can use the principle of unjust enrichment—a situation where one party benefits unfairly at another's expense—and action may be taken against you.
Now, let's talk about your deposit and builder issues
You've paid a deposit to a builder who can't start work for three months. Are you entitled to your deposit back?
The answer depends on what was agreed in your contract. If you have a written contract, look for the completion date and any excuses for delay. If you don't have a written contract, (which is often the case) you'll need to consider what was said between you and the builder in relation to the start and completion date, and any promises made. Any such promises will form an oral contract.
In the absence of a written or oral contract, the default position will be what is considered reasonable. This means if you went to court over the matter, the judge would consider if it was reasonable for you to wait three months for the work to commence and if it would have changed your decision to hire the builder had you known about the delay.
Before taking the matter to court, though, try negotiating with the builder to reach an amicable solution. You could ask the builder to commit to new start and completion dates in writing, and also ask for a written term in the contract so that, if the builder misses the start date, you can get a full refund and terminate the contract, and if they miss the completion date, there will be a financial penalty.
Remember, the law varies by country, so international readers should check their local consumer protection regulations for more accurate information.
deceit, scam, unjust enrichment, unfair payment demand, consumer protection, enrichment principle, payment return, deadbeat tradesman, payment delay, oral contract, legal obligation, builder, deposit, construction delay.
[1] Federal Trade Commission (FTC) - "Unofficial solicitations, also known as 'mystery shoppers' or 'Secret Shoppers,' are deceptive because they may appear to be ordinary business offers but are, in fact, scams designed to trick you into revealing your personal or financial information or sending money." (https://www.consumer.ftc.gov/articles/0151-mystery-shopper-scams)
[2] Federal Trade Commission (FTC) - "Free trial offers, extended warranties, phishing emails, prize promotions, and other business practices can be misleading if they lead you to believe that you're getting something for free, when in fact you're signing up for ongoing payments or subscriptions, and may even get turned into a scam." (https://www.consumer.ftc.gov/articles/0424-common-scams-and-how- Handle-them)
[1] If the extra shirt you received is considered 'unsolicited goods', you have the right to keep it under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the trader has no legal right to demand its return or payment.
[2] However, if the trader sends goods by mistake, like your extra shirt, you don't have the legal right to keep it and have to either pay for it or send it back. The trader should arrange for its return and pay for it, to avoid leaving you out of pocket.
[3] In your case of a three-month deposit delay with a builder, the legal obligation to return the deposit depends on what was agreed in your contract. If there's a written contract, look for the completion date and any excuses for delay. If there's no written contract, any promises made form an oral contract.
[4] If you go to court over deposit return, the judge would consider if it's reasonable for you to wait three months for the work to start, and whether this delay would have changed your decision to hire the builder.
[5] Negotiate with the builder first, asking for new start and completion dates in writing, and a written term in the contract so that, if the builder misses the start date, you can get a full refund and terminate the contract, and if they miss the completion date, there will be a financial penalty.
