I received goods I never ordered and now they want me to pay. Do I have to?

What the Law Says

EU consumer law explicitly protects recipients of unsolicited goods — items sent without prior request or agreement. The relevant rule is found in the Unfair Commercial Practices Directive, as implemented across Member States, and reinforced by the Consumer Rights Directive.

Under EU law, goods sent to you without your prior order or consent are legally treated as an unconditional gift. This means the sender loses all rights to demand payment, reimbursement, or even the return of the goods — unless you explicitly agree otherwise.

The key provision is Article 27 of Directive 2005/29/EC (Unfair Commercial Practices Directive), which prohibits 'inertia selling' — the practice of demanding payment for unsolicited supplies. National laws across the EU transpose this prohibition, making it illegal for businesses to invoice or pursue payment for such items.

Additionally, Directive 2011/83/EU (Consumer Rights Directive) supports this principle by affirming that consumers are not bound by contracts they did not agree to — and no contract arises from mere receipt of unsolicited goods.

Statutory Text

A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances … it omits material information… or if it fails to identify the commercial intent… including inertia selling.

— Directive 2005/29/EC, Art. 6(1)(b) — Misleading actions

Statutory Text

Member States shall ensure that where a trader supplies a consumer with unsolicited goods, the consumer shall not be required to make any payment in respect of those goods.

— Directive 2005/29/EC, Art. 27 — Inertia selling

Sources