Grollier.co.uk - unsolicited goods and demand for payment

[BigNick2]

Lol I seem to have a new question every day, dont know how I lived without this forum!

 

Following a link from moneysavingexpert website my girlf filled in an online form to recieve a fee kids book and cereal bowl. No mention of opening an account or the fact they would send another book with it which had to be paid for, or sent back at her expense.

 

Had a demand for payment shortly after recieving the books. I sent them an email on her behalf saying that the second book was unsolicited, and would only be returned if they paid for the postage. I thought this was fair - and if im not mistaken the distance selling act prohibits payment demands for unsolicited goods. I didnt get a reply so thought that was the end of the matter.

 

Got another letter from them almost a month letter still asking for ££, and saying they're going to add on another £1.95 for admin for each furtehr reminder, so I can see this bill building up if we dont nip it in the bud now.

 

Any ideas what our next course of acton should be? Thought I should send a letter but wasnt to sure exactly what to write in it, being as my email seems to have been ignored.

 

Thanks guys

 

Nick

[gyzmo]

Firstly, check the terms and conditions carefully to ensure that you didn't agree to further "offers".

 

If it is indeed unsolicited, then you may, but need not, ask them to pick it up. You are legally entitled to do with it what you will (charity donation? Gift for someone?) and the sender has no rights to the property or to payment for it. Beyond initial contact, I would not even bother contacting them again.

 

Looking at the website, I don't give much hope for professionality given the several spelling mistakes they have, and every link seems ot be an ad of some sort. It may be worth reporting this to Consumer Direct for intelligence purposes (and possible enforcement action).

[BigNick2]

Thanks gyz, thats what I thought.

 

Dont even have any terms and conditions from them, all we did was fill in an online form with name and adress.

 

Ill give consumer direct a bell on monday.

[BigNick2]

Just spoke to consumer direct. Lady there said that the book charged for wasn't unsolicited as we had initiated contact the company to request the freebie book.

 

She also tried to tell me that companies dont just give things away for free. Obviously I disagreed - companies give away freebies all the time for sales and marketing purposes. She was about as helpful as a cabbage.

 

Did say I should put something in writing to Grollier, but Im unsure what to say now as it seems like the point I made about the Distance sales act and unsolicited goods is now invalid.

 

What should we do?

[BigNick2]

From what Ive been reading it seems like this company can be a bit shady - theres reports of them ignoring letters, sending books after accounts have been closed etc, so Im wondering what Ive got my girlf into here.

 

Drafted a letter to send to Grolier. When we first filled in the form online I dont remember tehre being any terms and conditions, and Im almost 100% sure there was nothing written about future 'offers'.

 

Sir(s)

 

I recently filled in an online form, following a link from the moneysavingexpert.com website, to receive a free Disney Book and bowl from yourselves. I was surprised to find an additional book included, which you have since demanded payment for. As I feel this book was unsolicited I have kept it, ready for collection from yourselves, since I received it. If you feel that you require payment for this book, please provide proof that when I requested the free book from you, that I either requested, or gave Grollier permission to send me the 2nd book which you are chasing payment for.

 

Does this letter seem ok?

[gyzmo]

I would amend the last sentence. Ask them to either pick it up either as an unsolicited gift or under the general cancellation clause of distance selling regs - presuming you are still within the time frame (in which case they cannot ask for payment). If fallen outside the time period, then keep that last sentence.

[BigNick2]

Thanks gyz,

 

what is the time frame?

[gyzmo]

not got it on front of me but think its seven days

[gyzmo]

just looking at the regs actually. Given that there are no terms (and I do stress make sure there aren't) then its not a point in issue at all. the regs require that information be given to you prior to the contract and hen again thereafter. As this has not been done, they are in breach of the regs and the period lasts for months. Can you provide a link to moneysaving expert bit that relates to this free offer?

[gyzmo]

Oooh hang on. There's www. grollier.co.uk (for gods sake don't click that link as it looks like a [problem] site) and then there is www. Grolier.co.uk which looks to be a proper book site.

Which one did you use?

 

If it's the latter, then there are terms and conditions stated Grolier - Disney's First Readers which specifically relate to the offer you mention. If it is this one the terms look fine and they do state they will send you another copy for review withing 7 days or return it (but keep the Winnie book free). If you have kept it for more than the seven days then they can and will charge you. refer to the cancellation clause.

[BigNick2]

It is the latter gyz, Welcome to Grolier.co.uk. Im almost 100% sure that there were no terms and conditions whatsoever on the page with the origninal form we filled in. Ive searched the moneysavingexpert forums but cant find the original link, there's links to other grolier offers but not the one we used.

 

Should I pay it, or do you think its worth writing to them asking for proof I was informed of the terms and conditions at the time we filled in the form?

 

Bit concerned that this could delay things and give them an excuse to whack on admin charges.

 

We've had the books for a few weeks now by the way.

[BigNick2]

just looking at distance selling regs on OFT site:

 

you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)

 

If there had been anything on the original form about them sending goods that required payment we definitely would not have filled it in.

[Conniff]

I can only see in their T&Cs about downloaded material and seem to be only about use of their site. The only reference to posted products is in the Payments.

 

PAYMENT

Please note that when paying by Visa or Mastercard, the introductory delivery, and all future shipments will be charged to your card. You can always return any unwanted shipment and you will receive a full credit to your account.

[BigNick2]

Being as we cant proove definitively that there were no terms and conitions mentioned on the oriniginal form we filled in I sent them a cheque today.

 

Gist of the letter was that although I feel they are in breach of various OFT regulations, to avoid future inconvieince, and with no admission of liabillity, we have offered payment in full and final settlement on the account.

 

Also added in that girlf wants no further contact from Grolier, and of its subsidaries or any 3rd parties.

 

Lets see how long it is until they send another book lol

[gyzmo]

I have just read some reviews on this company and they do seem to get a few complaints. I would report the matter to Consumer Direct. If there are other complaints, Trading Standards may be able to take action (as a whole and not in individual cases).