Is it a legal right to keep an item sent from an online store by mistake that you did not order and pay for in Canada?
I wanted to make it clear it is a legal right according to federal law in the States
My question is what about this in Canada? Do I have to try eveything to send it back at my expenses.
It started this morning I received one desk I did not order, together with some other furniture that I ordered and the delivery guy did not want to move it back to the truck when I told him it was sent by mistake. Do I get to take it as a free gift or keep calling customer service tomorrow?
ALLCAPS
'Unsolicited merchandise is - in most jurisdictions - yours to keep, subject to certain requirements...Items sent by mistake to your address are not considered as unsolicited goods in most jurisdictions...you are required to make reasonable and good faith attempts to return the item that was mistakenly sent to you. You're certainly not expected to send the merchandise back at your expense.'
Zentro
' (to ALLCAPS) I agree what you have written is common sense type of stuff and should be followed if you are a moral person, but I highly doubt it is law? ...Unsolicited goods or services: relief from legal obligations. 13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. 2002, c. 30, Sched. A, s. 13 (1). No payment for unsolicited goods or services. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 13 (2).'
Consumer Ptotection Act, 2018
Following Zentro's comment, I found this.
https://www.ontario.ca/laws/statute/02c30#BK14
13 (9) In this section,
“unsolicited goods or services” means,
(a) goods that are supplied to a consumer who did not request them but does not include,
(i) goods that the recipient knows or ought to know are intended for another person,
(ii) a change to periodically supplied goods, if the change in goods is not a material change, or
(iii) goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation, or
rcmpvet
'From a strictly legal stand point and assuming the OP is referring to an item that was clearly addressed to someone else but delivered to his residence it would not be unsolicited goods...I do not know of any case law that addresses this situation, nor am I inclined to research the issue. '
Let's keep this discussion going.
There was a huge debate all over Internet and news outlets 8-10 years ago in the States but got sorted out eventually.
My question is what about this in Canada? Do I have to try eveything to send it back at my expenses.
It started this morning I received one desk I did not order, together with some other furniture that I ordered and the delivery guy did not want to move it back to the truck when I told him it was sent by mistake. Do I get to take it as a free gift or keep calling customer service tomorrow?
ALLCAPS
'Unsolicited merchandise is - in most jurisdictions - yours to keep, subject to certain requirements...Items sent by mistake to your address are not considered as unsolicited goods in most jurisdictions...you are required to make reasonable and good faith attempts to return the item that was mistakenly sent to you. You're certainly not expected to send the merchandise back at your expense.'
Zentro
' (to ALLCAPS) I agree what you have written is common sense type of stuff and should be followed if you are a moral person, but I highly doubt it is law? ...Unsolicited goods or services: relief from legal obligations. 13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. 2002, c. 30, Sched. A, s. 13 (1). No payment for unsolicited goods or services. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 13 (2).'
Consumer Ptotection Act, 2018
Following Zentro's comment, I found this.
https://www.ontario.ca/laws/statute/02c30#BK14
13 (9) In this section,
“unsolicited goods or services” means,
(a) goods that are supplied to a consumer who did not request them but does not include,
(i) goods that the recipient knows or ought to know are intended for another person,
(ii) a change to periodically supplied goods, if the change in goods is not a material change, or
(iii) goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation, or
rcmpvet
'From a strictly legal stand point and assuming the OP is referring to an item that was clearly addressed to someone else but delivered to his residence it would not be unsolicited goods...I do not know of any case law that addresses this situation, nor am I inclined to research the issue. '
Let's keep this discussion going.
There was a huge debate all over Internet and news outlets 8-10 years ago in the States but got sorted out eventually.
Last edited by Redmask on Oct 2nd, 2018 9:18 am, edited 9 times in total.
Reason: Don't start your post off by calling people who disagree "losers"
Reason: Don't start your post off by calling people who disagree "losers"