Discussion
I ordered a new beer fridge from a relatively small company. Then changed my mind and cancelled before it was dispatched. I have the refund however the fridge was still delivered the other day when I was away. I have obviously contacted the company. No reply yet. It’s been 48 hours. Emailed and messaged on Facebook messenger. They have read the message according to messenger. How long do I need to wait or give up on them arranging to collect the fridge? I have not unboxed the fridge for obvious reasons as it’s legally not mine since I haven’t paid for it. Thanks
I would email them again giving 7 days to respond and make it clear that if you don’t hear anything you will dispose of the fridge. Bear in mind they would be within their rights to deduct a reasonable handling charge to cover their costs, which will likely be in their t and c
Edit missed the part where the OP has already had a refund, if this is in full then that’s a result, The rest still stands though
Edit missed the part where the OP has already had a refund, if this is in full then that’s a result, The rest still stands though
Edited by martinbiz on Wednesday 29th April 16:32
They have 6 years to pursue you in court for the cost of the item if you don’t take reasonable care of it - also, in before someone starts shouting ‘unsolicited goods!!!!1!11!one’
You need to give them a reasonable opportunity to resolve, one could argue 7 days during a lockdown possibly isn’t long enough.
You need to give them a reasonable opportunity to resolve, one could argue 7 days during a lockdown possibly isn’t long enough.
DaGuv said:
To me it’s an unsolicited goods so I am within the law to keep them. As I didn’t actually order it since I cancelled the order and got a full refund, then the goods appeared. Stlll no response from company despite reading the message.
Do you believe that's a reasonable position to take?Just maybe the guy that read the message isn't the one that can make the decision and decide what to do. Maybe he's on minimum wage working from home and needs to wait for his boss to tell him what to do.
IANAL but I think you'd be hard put to say it was unsolicited goods since you did actually order it, just that you cancelled afterwards.
Give them a break and give them time. If you've not heard in a week then maybe.you could revisit.
IANAL but I think you'd be hard put to say it was unsolicited goods since you did actually order it, just that you cancelled afterwards.
Give them a break and give them time. If you've not heard in a week then maybe.you could revisit.
sociopath said:
Just maybe the guy that read the message isn't the one that can make the decision and decide what to do. Maybe he's on minimum wage working from home and needs to wait for his boss to tell him what to do.
IANAL but I think you'd be hard put to say it was unsolicited goods since you did actually order it, just that you cancelled afterwards.
Give them a break and give them time. If you've not heard in a week then maybe.you could revisit.
That’s what I’m going to do. I’m a reasonable person and I won’t want to see a small company out of pocket and I don’t need the fridge. I have messaged them again and given a decent time frame. Thanks for the help. IANAL but I think you'd be hard put to say it was unsolicited goods since you did actually order it, just that you cancelled afterwards.
Give them a break and give them time. If you've not heard in a week then maybe.you could revisit.
DaGuv said:
To me it’s an unsolicited goods so I am within the law to keep them. As I didn’t actually order it since I cancelled the order and got a full refund, then the goods appeared. Stlll no response from company despite reading the message.
But you did "actually order it ", and then you cancelled the order - They didn't just send you a fridge without any prior contact with you, so how can you claim it was unsolicited? 
In between you ordering the fridge, and then cancelling it, the order was processed, and the fridge assigned to you for despatch.
(How long was it from your initial order, to you deciding to cancel the order? The same day,hours later- Or several days later?
)With the current crisis, and disruption to businesses, it's not really surprising that you are having difficulty contacting the business right now - Very few are operating as efficiently as they were pre COVID 19 (if any!)
TBH, it sounds to me as though you're looking for someone to give you a legal get out, to pull a fast one!
You know you originally ordered the fridge, you know that having cancelled the order, you really shouldn't have the fridge, and you know that given the whole COVID 19 situation, it's not really acceptable to expect businesses to be operating in the exact same manner as they usually do, when there is no emergency crisis happening.
I wouldn't blame the company for coming after you through the courts for full payment for the fridge (assuming they survive the current crisis, and are still in business)
DaGuv said:
To me it’s an unsolicited goods so I am within the law to keep them. As I didn’t actually order it since I cancelled the order and got a full refund, then the goods appeared. Stlll no response from company despite reading the message.
DaGuv said:
That’s what I’m going to do. I’m a reasonable person and I won’t want to see a small company out of pocket and I don’t need the fridge. I have messaged them again and given a decent time frame. Thanks for the help.
I'm struggling with your replies. On the one hand you are declaring the goods as unsolicited and that you can keep them and then you claim you are reasonable....DaGuv said:
Right, I wrongly assumed it was unsolicited. Further reading helped me decide that. I am now doing my upmost to contact the company. Let’s see what comes of that.
I cancelled the order within 24 hours and got a refund confirmation straight away. The fridge was sent 4 days later.
fI cancelled the order within 24 hours and got a refund confirmation straight away. The fridge was sent 4 days later.
k off being reasonable. Email then and your MP immediately suggesting you'll Roger their daughter and furlough their futures should they not remove the errant chiller from your premises within the hour. Then sue!
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