Difference between revisions of "Direct Sales, Future Performance, and Time Share Contracts (11:V)"
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== D. Unsolicited Goods or Services == | == D. Unsolicited Goods or Services == | ||
Under s 11, unsolicited goods or services means goods or services that are supplied to a consumer who did not request them, other than: | Under s 11, unsolicited goods or services means goods or services that are supplied to a consumer who did not request them, other than: | ||
* | * Goods or services supplied to a consumer who knew or ought to have known they were intended for delivery to another person; | ||
* | * Goods or services for which the supplier does not require payment; or | ||
* | * A prescribed supply of goods or services. | ||
Under s 12, a recipient of unsolicited goods has no legal obligation to the sender unless the recipient gives notice of an intention to accept them, or unless the recipient knew or ought to have known that the goods were intended for delivery to another person. | Under s 12, a recipient of unsolicited goods has no legal obligation to the sender unless the recipient gives notice of an intention to accept them, or unless the recipient knew or ought to have known that the goods were intended for delivery to another person. | ||
However, if a consumer does pay for unsolicited goods or services, under s 14 the consumer may give to the supplier a demand, in writing, for a refund from the supplier within 2 years after the consumer first received the goods or services if the consumer did not expressly acknowledge to the supplier in writing their intention to accept the goods or services. | |||
:'''NOTE:''' If a consumer is being supplied with goods or services on a continuing basis and there is a material change in the goods or services or in the supply of them, the goods or services are deemed to be unsolicited goods or services from the time of the material change '''unless''' the supplier | :'''NOTE:''' If a consumer is being supplied with goods or services on a continuing basis and there is a material change in the goods or services or in the supply of them, the goods or services are deemed to be unsolicited goods or services from the time of the material change '''unless''' the supplier can establish that the consumer consented to the material change. | ||
== E. Distance Sales == | == E. Distance Sales == | ||