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by Sysosmaster
2105 days ago
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The directive is an old one making all consumer business laws in the union more or less the same. The thing that makes it a gift, is that A gift is the only allowed legal transformation that can happen. (Ownerships transfer is a transition in the legal sense). Ea. A company is required to always act lawfully and the only action open for unsolicited (=anything without a predefined base) package is to gift it. A contract (=agreement to do something in exchange for something else, usually in paper but can be in any form even verbally) is needed before any transformation besides gifting. This legal sense does not mean it’s still proper to send the package back if the company contacts you and pays for the shipping, but that’s not in law. The detective I remember reading about during my ‘middle school’ studies (around 1998). I could be mistaken In it and if I am feel free to tell me. All I remember was that the directive made it so that all in the commons market must implement similar protections for Consumers regarding unsolicited mail and package by companies, not in small part to stop the extortion type of sale practice of the “free sample with overpriced subscription” (it’s why they switched to you having to request the sample) |
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Without such explicit law it wouldn't be a gift because it isn't the intention of the sender. These goods are sent as an offer. If you accept the offer then indeed a contract is formed, but if you refuse the offer then nothing happens, i.e. the goods remain the property of the sender.
That's why they enacted that law, in order to stop the practice altogether in one fell swoop as long as the public is aware of it (which clearly is still not really the case).
The Directive is from 2011. That's the one that was transposed in UK law through the Regulation I mention in a previous comment.