As consumers, we may find ourselves in situations where we either receive goods at home or are subscribed to services we neither requested nor explicitly consented to. We may, for instance, receive a product by post that we never ordered, or get automatically subscribed to digital services we did not agree to.
This phenomenon, known as unsolicited goods or services, raises important questions about consumer rights and legal protection. In other words, what rights do consumers have in such situations?
Unsolicited goods or services refer to goods or services provided to consumers without their explicit request or consent. Usually, these goods or services are received with an invoice or a subscription fee that consumers are requested to pay.
Consumers are often unsure about their rights and obligations in such circumstances as they are not sure whether they should keep the goods or return them. Consumers are also often unsure as to whether they are legally obliged to pay for such products or services.
Consumers are exempt from the responsibility to return the unsolicited goods to the seller
The Consumer Rights Regulations clearly stipulate that the unsolicited supply of goods or services is considered inertia selling and consumers cannot be obliged to pay for them. In addition, consumers are exempted from the obligation to contact the seller and inform them about the delivery of the goods or the supply of the service.
All this means that sellers cannot hold consumers responsible or liable for any payment because they have not entered into a sales contract with them. If the seller claims that there has been a sales agreement, the seller must provide proof of such agreement. Consumers are advised not to pay any money unless they are presented with such proof and they confirm that they signed the sales contract.
In case of goods, consumers are also exempt from the responsibility to return the unsolicited goods to the seller. If the seller requests that the products are returned, then any applicable transport fees and charges are to be paid by the seller. In such situations, consumers should make sure that the product is returned via traceable means and that they keep any receipt for reimbursement and as proof that they have sent back the goods.
In situations where consumers are certain that the goods were sent to them by mistake, for instance, due to a wrong address or a mistaken identity, it is recommended that they contact the seller and offer them the possibility to collect back the goods. If it is not possible for the seller to physically collect the goods, then consumers may be requested to send them back. However, this should not cost anything to consumers or inconvenience them. Hence, the seller should either make all the necessary postal arrangements or commit to refund the postal costs incurred by consumers.
While browsing online, consumers may be tempted to subscribe to free trials. Then after this trial comes to an end, consumers may start receiving ‘free’ goods or services. This might happen due to pre-checked boxes that automatically subscribe consumers to services. Should this happen, consumers must first check whether when they agreed to the free trial they also explicitly consented to keep receiving the goods or services once the trial ends. If this is the case, it is important that if consumers no longer want the goods or services, they must terminate the subscription immediately.
Consumers should also be aware that consent to a subscription or to purchase specific goods or services cannot be inferred by using default options that the consumer is required to tick off in order to avoid additional payments. Payments withdrawn from consumers’ accounts through default options are illegal and consumers may request a full refund for the unauthorised payments.
Unresolved disputes with sellers over unsolicited goods or services may be referred to the MCCAA when sellers are locally based, and to the European Consumer Centre Malta when sellers operate from another EU member state.
Despite the legal provisions that protect consumers, unsolicited goods or services can still pose challenges to consumer who may be pressured into paying for them. By staying informed, consumers can protect themselves from unnecessary expenses and inconvenience. If consumers are unsure about their legal rights and obligations, they are advised to seek the assistance of the Office for Consumer Affairs at the MCCAA for guidance.