Jonah Patel
In general, a buyer's acceptance of goods occurs when they signify to the seller that the goods are conforming, or when the buyer fails to make an effective rejection after a reasonable opportunity to inspect the goods. However, the non-return of unsolicited goods does not automatically constitute acceptance. Unsolicited goods are items that an individual receives without requesting them and has no obligation to pay for. While sending unsolicited goods is not illegal, demanding payment for them is considered a criminal offence. Consumers have the right to keep unsolicited goods and can request a refund if they paid for them.
| Characteristics | Values |
|---|---|
| Consumer rights | Consumers are exempt from any obligation to pay for unsolicited goods and the absence of a response does not constitute consent to pay for or return the goods |
| Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 | Replaced the 2000 regulations and include a new s 29A added to the Consumer Protection from Unfair Trading Regulations 2008 making it clear the consumer may keep unsolicited goods |
| Unsolicited Goods Act 1971 | Regulated unsolicited goods but is largely redundant from a consumer law perspective due to the Consumer Protection (Distance Selling) Regulations 2000 |
| Consumer Protection (Distance Selling) Regulations 2000 | Stricter than the 1971 Act in every respect, rendering it largely redundant |
| Buyer's rights | Buyers have a duty of reasonable care for goods until the seller can remove them and can revoke acceptance if the non-conformity substantially impairs the value of the goods |
| Buyer's rejection | If the buyer does not inform the seller of their intention to reject, they are deemed to have accepted the goods |
| Buyer's acceptance | Occurs when the buyer signifies that the goods are conforming or that they will keep them despite non-conformity, fails to make an effective rejection, or takes any action inconsistent with the seller's ownership |
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What You'll Learn
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014 and apply to contracts entered into on or after that date. The regulations give consumers rights when shopping online and provide key cancellation rights for contracts made over the phone, online, from a catalogue, or face-to-face with someone who has visited their home. These rights include a minimum cancellation period of 14 days, during which the trader should not start providing the service unless requested by the consumer. If the service is provided before the 14 days elapse, the consumer has the right to cancel but may be charged for the value of the service provided.
The regulations require traders to provide specific information, including a description of the goods or services, the total price, and any delivery costs. This information must be provided for sales made at a distance (such as online or over the phone), face-to-face away from the trader's business premises, or in a store.
Under these regulations, consumers are exempted from any obligation to provide consideration for products supplied by a trader without a prior agreement. The absence of a response from the consumer following the supply does not constitute consent to the provision of consideration for, or the return or safekeeping of, the products. This means that non-return of unsolicited goods does not constitute acceptance, and consumers may keep such goods.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 implement most provisions of Directive 2011/83/EU of the European Parliament and the Council, which focus on consumer rights. These regulations are expected to remain in force until at least 21 April 2025.
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Consumer Protection (Distance Selling) Regulations 2000
The Consumer Protection (Distance Selling) Regulations 2000, SI 2000/2334, implemented European Directive 97/7/EC as UK law. The regulations applied to contracts made exclusively by means of distance communication, i.e., any means used without the simultaneous physical presence of the consumer and supplier. This included goods or services ordered by telephone or over the internet.
The regulations provided rights to the consumer and obligations for the seller to fulfil. The seller was required to perform the contract within thirty days of its creation. If the supplier could not meet the contract, they were required to refund the consumer and return any property used to secure the contract within thirty days. The supplier was also obligated to provide specific information to the consumer before the contract was concluded, including the right to cancel the distance contract, the characteristics of the goods or services, and delivery costs.
The regulations also provided a "cooling-off period" for the consumer to cancel the contract by giving notice of cancellation. The minimum cancellation period was 14 days, and the consumer had an automatic right to cancel and rescind a contract at any time from its formation until seven working days after the goods were delivered. This period was extended to 14 days in 2014.
The regulations were enforced by the Director-General of Fair Trade and the Office of Fair Trading (OFT). Complaints were made directly to the Director-General, who then investigated infringements and litigated on behalf of the consumer.
Regarding the question of whether non-return of unsolicited goods constitutes acceptance, this would depend on the specific circumstances and the applicable laws. In some jurisdictions, acceptance of goods can occur when the buyer does not make an effective rejection or performs any act inconsistent with the seller's ownership. However, there are regulations in place, such as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which state that the absence of a response from the consumer does not constitute consent to the provision of consideration for, or the return or safekeeping of, unsolicited products.
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Buyer's rights and obligations
In British law, unsolicited goods are defined as goods delivered to an individual with the intention of the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Consumer Protection (Distance Selling) Regulations 2000, state that consumers are not obliged to pay for unsolicited goods and may accept them as a gift. The regulations also prohibit unfair advertising and marketing practices, such as demanding payment or the return of unsolicited goods, as a criminal offence.
Buyers' Rights and Obligations
If you receive unsolicited goods, you are not legally obligated to pay for them and may accept them as a gift. You are also not obliged to return the goods. This is because you have not entered into a purchase contract with the sender, and demanding payment for unsolicited goods is considered an unfair or deceptive act. If you do receive unsolicited goods, you have the right to use, deal with, or dispose of them as you wish. The sender's rights to the goods are extinguished, and they cannot claim that you have a payment obligation.
If you receive unsolicited goods and subsequently receive payment reminders or demands from the sender, you are within your rights to ignore them. Don't be intimidated by payment reminders or threats of legal action, as these are not valid grounds for payment. The burden of proof lies with the sender to provide evidence of a valid sales contract, and you should not feel compelled to pay until such evidence is provided.
It is important to note that if you pay for unsolicited goods because you feel you have a payment obligation, you may request a refund from the company. The company is legally obligated to refund you in full. Additionally, if you receive unsolicited goods that are a substitute for something you ordered, you may be obligated to pay for them, provided they conform to the regulations regarding inertia selling.
In summary, as a buyer, you have the right to reject unsolicited goods and any associated payment obligations. You are not required to return the goods, and any demands for payment or legal action from the sender are not valid. Your acceptance of unsolicited goods does not constitute a purchase contract, and you are free to use or dispose of the goods as you wish.
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Revocation of acceptance
In the context of contracts, "acceptance" refers to the act of a buyer taking possession of particular goods that have been appropriated to the contract, whether through words, actions, or silence. This acceptance can occur even if the buyer is not obligated to take the goods and can signify either that the goods conform to the contract or that the buyer will take or retain them despite their non-conformity.
The concept of "revocation of acceptance" is crucial in situations where a buyer has initially accepted goods but subsequently discovers that they do not conform to the contract. In such cases, the buyer has the right to revoke their acceptance and seek remedies for breach. However, this revocation must occur within a reasonable time after the discovery or reasonable discovery of the non-conformity, and it must be done before any substantial change in the condition of the goods that is not caused by the non-conformity.
For example, if a defect causes the goods to catch fire, the buyer can revoke acceptance even if the goods have been substantially altered, as the change was due to the non-conformity. On the other hand, if the buyer disposes of the defective goods without consulting the seller, they may no longer be able to revoke acceptance.
It is important to note that the legal framework governing revocation of acceptance can vary. For instance, the Uniform Commercial Code (UCC) in the United States and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the United Kingdom provide different rules and protections for buyers and sellers.
In conclusion, the revocation of acceptance is a critical aspect of contract law, allowing buyers to protect themselves from non-conforming goods while also providing a framework for sellers to address any issues that may arise.
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Seller's right to cure a breach
In British law, unsolicited goods are defined as goods delivered to an individual with the intention of the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Consumer Protection (Distance Selling) Regulations 2000, state that consumers are not obligated to pay for or return unsolicited goods.
Now, on to the question of the seller's right to cure a breach. In the event of a known breach, the purchaser has the option to either waive the breach or give the seller notice of it. Upon receiving this notice, the seller has the right to cure the breach within a specified period, typically around ten days. If the seller is unable to cure the breach within the given timeframe, the purchaser can choose to waive the breach or terminate the agreement, potentially recovering any associated third-party expenses.
The seller's right to cure a breach also extends to title defects. In such cases, the seller must notify the buyer in writing within a set number of business days after receiving the title defect notice. The seller then has the option to cure the title defect to the buyer's reasonable satisfaction or adjust the purchase price downward based on the buyer's good-faith estimate of the defect value.
It is important to note that the seller's right to cure is not an obligation. The seller has the right to attempt to cure the breach at their sole cost, but they may also choose not to exercise this right. Additionally, the specific regulations and timeframes mentioned may vary depending on the jurisdiction and the nature of the breach.
In summary, the seller's right to cure a breach provides an opportunity for the seller to rectify any known breaches or defects before the purchaser takes further action, such as terminating the agreement. This right is intended to protect the seller's interests while also providing the purchaser with the assurance that any issues will be addressed.
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Frequently asked questions
'Acceptance' means that the buyer, pursuant to the contract, takes particular goods which have been appropriated to the contract as his own, whether or not he is obligated to do so, and whether he does so by words, action, or silence when it is time to speak.
Non-return of unsolicited goods can constitute acceptance. However, the buyer has a duty to hold the goods with reasonable care until the seller can remove them. The buyer also has the right to inspect the goods and reject them if they do not meet the specifications defined in the contract.
Unsolicited goods are goods delivered to an individual with a view to the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them.
The buyer can accept, reject, or partially accept non-conforming goods but must act promptly. The buyer also has the right to revoke acceptance if they discover latent defects or if the seller's assurances fail.
The seller has the right to cure a non-conforming delivery if they still have time under the contract. The seller can also demand the return or safekeeping of the products supplied, except where the product is a substitute supplied in accordance with regulation 19(7) of the Consumer Protection (Distance Selling) Regulations 2000.
