An ‘unsolicited supply’ is when you receive products or services that you have neither requested nor ordered. Consumer legislation prohibits this kind of commercial practice and does not allow sellers to demand payment from consumers for products or services supplied in such manner.
It is also considered an unfair commercial practice to include in marketing material an invoice or similar document seeking payment, which gives consumers the impression that they have ordered the product when in reality they have not.
In situations where consumers actually receive products, or are provided with services they did not request, these products or services may be considered as a gift, which means consumers are neither obliged to pay for them nor return them to the sender.
In fact, sellers cannot hold consumers responsible for any payment because there is no sales agreement between the two parties. If the seller argues that the consumer is bound to a sales contract, then evidence of the sales agreement must be submitted by the seller.
Be careful not to inadvertently agree to keep receiving the goods or services against payment after the trial period comes to an end- Odette Vella
If the seller realises that the consumer has no intention to pay for the goods, and requests the return of the products, it is the seller’s responsibility to collect and to pay any related costs.
Should the seller request consumers to return the goods, there should be no cost or inconvenience to the consumers. In other words, if sellers wants the goods back, they must make all the necessary postal arrangements.
In circumstances where consumers are certain that the goods received were sent to them by mistake, such as due to a wrong address or a mistaken identity, even though they are not legally obliged to do so, it is advisable that they contact the sellers and inform them about the mistake. This offers sellers the possibility to collect the goods and send them to the intended recipient.
There may be situations where unsolicited goods or services are received following a subscription to a free trial.
Before confirming such a subscription, consumer are responsible to carefully read the terms and conditions. Be careful not to inadvertently agree to keep receiving the goods or services against payment after the trial period comes to an end. It is especially important to note the procedure to follow should one no longer want to receive the goods or services.
Consent to continue receiving the goods or services after the trial period cannot be inferred through default options which consumers are required to reject in order to avoid additional payment. Should this happen and consumers end up paying for such products or services, they may claim a full refund for the unauthorised payments.
In case of a dispute with a local seller over unsolicited goods or services, consumers may file a complaint with the Office for Consumer Affairs at the MCCAA. Cross-border disputes with Europe-based sellers may be reported to the European Consumer Centre Malta.
WWW.MCCAA.ORG.MT