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73.   Right in relation to unsolicited goods or service

Revised Laws of Saint Lucia (2021)

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73.   Right in relation to unsolicited goods or service

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    (1)   A consumer is not required to pay a supplier for any goods or service supplied to the consumer under a consumer agreement unless —

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      (a)     the consumer has implicitly requested the supplier to supply the particular goods or service by —

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        (i)     tendering payment for the goods or service, or

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        (ii)     conduct that could reasonably lead the supplier to believe that the consumer has requested the supplier to supply the particular goods or service;

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      (b)     the consumer has expressly requested the supplier to supply the particular goods or service before the goods or service is supplied to the consumer; or

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      (c)     the supplier has undertaken to supply the goods or service of that particular class from time to time to the consumer without further approval or specific request.

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    (2)   Subject to subsection (4), a supplier is not entitled to demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or service, despite the subsequent use, receipt, misuse, loss, damage or theft of the goods or service.

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    (3)   Subject to subsection (4), a supplier is liable to pay to the consumer, such reasonable costs as are incurred in respect of the storage of the unsolicited goods.

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    (4)   Subsections (2) and (3) do not apply to or in relation to a consumer who receives unsolicited goods if —

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      (a)     the consumer who receives the goods has unreasonably refused to permit the supplier or the owner of the goods to take possession of the goods;

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      (b)     the supplier or the owner of the goods has, within ten business days of receipt of the goods taken possession of the goods; or

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      (c)     the goods were received in circumstances in which the consumer knew or might reasonably be expected to have known, that the goods were not intended for him or her.

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    (5)   A request for particular goods or service is not inferred solely on the basis of payment, inaction or the passing of time.

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    (6)   Where a consumer is a party to an agreement contemplated in subsection (1)(c) and, during the course of that agreement there is a material change in the goods or service, the goods or service is treated as unsolicited from the time of the material change unless the supplier is able to establish that the consumer consented to the material change.

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    (7)   Where a consumer consents to a material change, whether orally, in writing or by other affirming action, a supplier may rely on the consent but has the onus of proving such consent.

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    (8)   Where a supplier has received payment from or on behalf of a consumer in respect of unsolicited goods or service, the consumer may demand a refund of the payment within three months after having made the payment.

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    (9)   A supplier who receives a demand for a refund under subsection (8) shall refund the payment within the prescribed period of time.

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    (10)   Where a consumer receives any unsolicited goods from a supplier, the consumer —

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      (a)     may —

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        (i)     subject to paragraph (b)(ii), retain the goods without payment, or

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        (ii)     return the goods to the supplier at the supplier's risk and expense; and

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      (b)     notwithstanding subsection (4) is not liable for any —

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        (i)     loss or damage to the goods while in transit, or at any time after the goods are received by the consumer, whether or not the goods remains in the consumer's possession, or

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        (ii)     use or depletion of, or damage to the goods at any time after 10 business days after receipt by the consumer, unless during that time, the supplier has notified the consumer that the goods were delivered in error and the supplier arranged to recover the goods, at the supplier's risk and expense.

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    (11)   In this section, “unsolicited goods” means goods that are supplied to a consumer who did not request the goods, but does not include —

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      (a)     goods that the consumer knows or ought to know is intended for another person;

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      (b)     a change to periodically supplied goods, if the change is not a material change; or

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      (c)     goods supplied under a written future performance agreement that provides for the periodic supply of the goods to the consumer without further solicitation.

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    (12)   In this section, “unsolicited service” means a service that is supplied to a consumer who did not request the service, but does not include —

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      (a)     a service that was intended for another person and the consumer knew or ought to have known that the service was so intended;

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      (b)     a change to an ongoing or periodic service that is being supplied, if the change to the service is not a material change; or

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      (c)     a service supplied under a written future performance agreement that provides for the ongoing or periodic supply of a service to the consumer without further solicitation.

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