As online shopping becomes more popular, more and more goods are delivered by courier, and sometimes you may receive items you never ordered. There are many reasons this can happen — sometimes a business makes a mistake when dispatching or allocating goods. Some businesses also use a rather unusual sales tactic: they randomly send out samples of their products to customers and then demand payment. Today we will look at what you should do when you receive a product you did not order.

What does consumer protection law say?

Generally speaking, Australian Consumer Law makes it clear that when you receive such goods or services:

You do not have to pay for such goods

You are not liable for any loss or damage arising from the supply of such goods

If you contact the business in writing stating that you do not want the product, then the business should recover the product within one month

If you do not contact the business, the business may recover the product within three months of you receiving it

You must not unreasonably refuse to allow the business to recover the product

At the same time, the law provides that a business must not issue an invoice for such goods or services unless:

The business has reasonable grounds to believe it is entitled to receive payment

The invoice clearly states in large lettering to the recipient: “This is not a bill. You do not have to pay any money.”

What should you do?

When you receive unsolicited goods

If you receive unsolicited goods, you are not required to pay for them. However, you must not deliberately discard or damage them, because the business generally has a three-month recovery period during which it can collect the unsolicited goods. If you deliberately damage such goods within three months of receiving them, you may be required to pay compensation. If you send the business a written notice stating that you have received goods you did not order, and you provide your address, this three-month recovery period is shortened to one month.

For this reason, when you notify the business, you should keep some evidence of the date on which you gave notice — for example, an email, postal receipt, or registered letter — especially if the goods you received are of high value. If the business does not collect the goods within the recovery period, you may keep them and do not need to pay anything. However, if you clearly know that the goods you received were not intended for you — for example, where the parcel clearly shows another person’s name and address — you must not keep such goods.

When you receive unsolicited services

Similarly, suppose you want a painter to paint your new home, and you make it very clear that you only want one particular room painted. If, however, the painter paints every room in the house and demands payment, unless they obtained your consent before doing so, you are not required to pay. When you receive services of this kind, you can seek redress through the Australian Competition and Consumer Commission (ACCC).

When you receive unsolicited credit or debit cards

Generally speaking, a bank, other financial institution, or business must not send a credit or debit card without prior written authorisation, unless the card is issued for renewal or replacement. Credit cards include cards that can be used to purchase goods or services on credit, including store-branded credit cards. Debit cards include cards used to purchase goods or services by drawing on deposited funds or withdrawing cash.

Where you already hold a credit card with a business, that business must not use the same card as a debit card without your prior written authorisation, and vice versa. If you receive such a card, you can lodge a complaint with the Australian Securities and Investments Commission (ASIC).

Final thoughts

When you encounter a consumer dispute in Australia, remember not to simply put up with it — you should choose to use the law to protect your rights. In more serious situations, or where the dispute involves a significant sum, a lawyer is the best option. Once legal proceedings begin, a lawyer can provide more professional guidance and assistance with forms, legal documents, and litigation procedures.