Unsolicited Goods

What are my EU consumer rights when receiving unsolicited goods?

Unsolicited goods are goods you receive without asking for them. Sending unsolicited goods to consumers is not a crime. But demanding payment for such goods is a criminal offence. On this page, you can find all essential information regarding your EU consumer rights when receiving unsolicited goods.

Unfair Commercial Practices Directive 

When you shop in the European Union, Norway or Iceland, you are protected by the EU Directive 2019/2161 against unfair commercial practices. This EU law applies to all commercial practices that happen before (through advertising or marketing), during and after a transaction has taken place.

Unsolicited goods

    Have you ever received an unwanted product or service? Know your rights when you are charged for something you didn’t ask for. 

  • If unsolicited goods or services are provided to you, the following rules apply:

    • You are not obliged to pay, and you may accept the goods or services as a gift.
    • You are not obliged to return the goods or services.

    Demanding payment for unsolicited goods constitutes an unfair or deceptive act. The sender cannot claim you have a payment obligation and demand that you meet it, because you have not entered into a purchase contract.

    If you dispute the purchase contract and the sender claims a sales contract was agreed, they have the burden of proof. The seller must provide evidence of how the agreement was concluded, and you should not pay until they have done so.

    Don’t be intimidated if you receive payment reminders regarding an unsolicited shipment or if a debt collector imposes a payment obligation! You have no legal obligations towards the seller unless you explicitly agreed to the shipment. The company will first need to prove that a valid contract was concluded.

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  • If you paid for unsolicited goods or services because you thought you had a payment obligation, you can request a refund. The company must refund you in full.

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  • If you are offered a free sample pack via social media — for example, for diet pills, vitamins, energy pills, facial masks, food supplements, or any other product — and you subsequently receive follow-up shipments for which you are asked to pay, you have no payment obligation. Sending unsolicited follow-up shipments is a misleading commercial practice. However, you are allowed to keep the products.

    What to do if I receive follow-up shipments after getting a free sample pack?

    Unless you have explicitly agreed to follow-up shipments after ordering a free sample pack, you have no payment obligation. Send the company a letter or email stating that you do not wish to receive any more products and you won’t make a payment, as you have never entered into a purchase contract.

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Where can I get assistance and advice?

The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to buying goods or services in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.

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