Unsolicited goods and services

‘Unsolicited supplies’ are goods or services supplied to someone who has not agreed to purchase or receive them.

Businesses cannot demand payment for goods or services you did not order

Businesses may provide goods or services to consumers as a way of marketing their brand to a new market. This could include:

• free product samples sent in the mail
• door-knocking households and offering to deliver a service as part of a free product demonstration.

It is illegal for a business to demand payment for goods or services you did not order or to bill you for an advertisement you never authorised. However, it is important you are aware of the conditions associated with their use and return.

Loss or damage resulting from the supply of unsolicited goods and services

You are not liable for any loss or damage resulting from the supply of unsolicited goods or services. However, you may be liable for compensation if you wilfully and unlawfully damage the unsolicited goods.

Unsolicited credit or debit cards

It is illegal for businesses to send unsolicited debit cards or credit cards, including store-branded credit cards and store account cards, unless:

• the person has requested the card in writing, or
• the card is a replacement, renewal or substitution for a previous card and used for the same purpose.

Under Australian Consumer Law, an item is considered to be a credit card if it is intended to be used to obtain cash, goods or services on credit. An item is considered to be a debit card if it is intended to be used to access an account held by the consumer for the purpose of withdrawing or depositing cash or obtaining goods or services.

For more information about unsolicited credit and debit cards, refer to the Regulatory Guide 201 from the Australian Securities and Investments Commission.

Invoices for unsolicited goods and services

Businesses cannot issue an invoice for unsolicited goods or services unless the invoice contains the required warning statement:

• ‘This is not a bill. You are not required to pay any money.’
• This warning statement must be the most important text on the document.
• If there is a dispute, the business would need to prove it has a legitimate right to demand payment.

Returning unsolicited goods

Businesses that provide unsolicited goods and services to consumers can recover those goods or services up to 3 months from the day after receiving the goods or services. This is known as the ‘recovery period.’

If you contact the business in writing and advise that you do not want the unsolicited goods or services, the recovery period is reduced to one month.

During this time, you cannot unreasonably refuse to allow the supplier to recover the products from you, and if you damage the goods during this period, you may be liable to pay compensation.

If the unsolicited goods have not been collected in the recovery period, you can keep the goods without any obligation to pay.

Please note, you are not entitled to keep products if they were not intended for you, for example, the packaging was clearly addressed to another person.