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Double Delivery...am I entitled to dispose of the second item.

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  • 01-03-2005 3:46pm
    #1
    Registered Users Posts: 7,806 ✭✭✭


    'Hypothetical' question!!

    If 2 identical items were delivered a day or two apart instead of 1 and I inform the seller and the second item remains uncollected by the seller after 30 days, am I legally entitled to do what I want with it. I think thats the situation in the UK but is it the same under Irish law


Comments

  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,723 Mod ✭✭✭✭yop


    You are alright, had the same situation a few years back, after numerous calls to ask them to collect they never did and it was mine.


  • Registered Users Posts: 6,240 ✭✭✭hussey


    after a certain time frame if they don't collect I think it is indeed yours


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    6 months


  • Registered Users Posts: 78,371 ✭✭✭✭Victor


    I understand the 30 day thing only applies to unsolicited selling ("Here, try our product, send us money").


  • Registered Users Posts: 4,386 ✭✭✭EKRIUQ


    It is illegal for a supplier to demand payment for unsolicited services. Book clubs are a very good example of inertia selling and the most common kind. If a company sends you an item that you did not order and does not provide for return post, it cannot then try to invoice you for the product or initiate debt collection proceedings against you. However, if you are contracted to a company and receive unwanted books or CDs, you should check your contract as it may contain a term that commits you to receiving 4 or 5 items a year. If this is the case, the company's actions cannot be considered inertia selling. It is therefore very important for you to read the contract carefully before committing yourself to it.

    Distance contracts cannot be enforced where they are formed by the supplier using an automated calling machine or fax unless the consumer consents in advance.

    Unsolicited goods (unordered goods sent to your home) may be kept within thirty days of telling the seller to collect them or within six months if no notice is given.


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