Is It Mine?

[PaulnCarole]

About four months ago I ordered some bottles of cognac, unfortunately the wrong sort was sent. I was asked to return the parcel, giving my bank details in an email, and the seller would then credit my bank account with the postage fee for returning the goods. I refused to do this, feeling that it is unwise to divulge my bank details. I asked the seller to send me a cheque for the postage - �25 (it was being returned to Holland) promising that I would return the package once I had received the postage fee for returning it. He appears to be unhappy with this suggestion, as I have heard nothing from him since. I am still in receipt of the cognac, for which I havent paid. I was wondering if there is a time limit for the seller to contact me, after which it becomes my property. Anyone any idea please?

[hectic]

Would it not be possible for the seller to arrange a transfer to your bank via paypal as you only have to give out your email address for this?  If you don't have a paypal account it is very easy to set one up.

[zmudge]

There is no enforceable requirement for returned goods to be collected in person and the time limit mentioned above is without meaning. You never become the owner in that way. However, you can charge for storage until collection by simply notifying that storage will be charged at the rate of �X per day from X April 2005 until collection, and adding that if not collected by X May 2005 then, without further notification, the goods will be sold to defray the cost of storage. Then, if they have not been collected, hey ho, down the hatch !! 

[mufcnumber18]

The above two answers are great for unsolicited goods, i.e where someone delivers you something you have not ordered and then sends you the invoice.

As you have ordered the goods you will not be able to do this. You are responsible for the goods until they are returned, and the responsibility for returning the goods will be in your contract with the supplier. If they are in Holland, you may have to look to Dutch Law to find the answer and my guess is that there aren't too many experts on Dutch Law that can advise you in this country!

Bear in mind that every cheque you write out has your name, bank sort code and account number on it (as do most debit cards). I agree that you shouldn't email the details, but why are you so against providing your bank details to the supplier over the phone? You give it to Shops, Restaurants etc etc everyday. Are you concerned whether the seller is legit, in which case I would worry more about the laws you have probably broken in importing brandy without paying the import tax!

[erimus1]

DHL can be paid by receiver - there are many other companies that offer this service. They are your bottle if you want them. Contract law - in order that there is a breach of the contract, there must be a substantial breack of covenant, and not a warranty (not the type you're thinking of) - warranties are small terms that make the contract i.e. - if a car dealer tells you that a car is ruby red, when in fact it is pillar box red, this would be a breach of warranty, and therefore, would be unlikely to render it void. In the same instance here, the different type of cogniac would be unlikely to render in void.
Good luck.

[PaulnCarole]

Thanks to all for the advice - with reference to mufcnumber18, my worry is not so much about divulging my a/c details, you are right, they are on your cheques anyway, my worry is that the chap might take the money for the cognac from my account, rather than actually reimbursing me for the postage for returning it, meaning I have paid for goods that I did not actually order. I spoke to my bank to try to block a transaction, should the chap try to take the full amount, but the bank informed me that I couldnt stop such a transaction, I would have to cancel my debit card and then reapply for a new one. I didnt want to do this. I have emailed the seller twice, asking him to let me have a telephone number on which I can phone him to discuss the matter, but he has not replied. The address I contacted to order the cognac from (over the Internet) was in London so I didnt know it was coming from Holland until it arrived. With reference to paying the tax, the price he was going to charge me was exactly the same as the bottles I could buy from my local Wine & Spirit store, so if anyone was making a saving, it wasnt me! By the way, we are only talking about two litres - not a massive order.

[babs123]

is this not covered by the unsolicited goods act? if so this would mean you hae 6 months and after that you the goods are yours. i am trying to find out something similar as I ordered a product and recieved 2 (but was only charged once) I cant work out if the second set uis regarded as "unsolicited goods" or not