However the said distance selling regulations only apply to consumers so a business receiving the goods on an unsolicited basis would need to look at the 1971 Act.
The 2008 regulations prohibit as a criminal offence various unfair advertising and marketing practices and in paragraph 29 of Schedule 1 make it a criminal offence to engage in "Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer, except where the product is a substitute supplied in accordance with regulation 19(7) of the Consumer Protection (Distance Selling) Regulations 2000 (inertia selling)".
[3] Under the Consumer Protection Regulations 2000 it is a criminal offence to: This is important as if the individual is not aware that they have legal title to the goods, they may unjustly enrich the sender.
The penalty is a fine up to Level 5 on the standard scale, except the first offence which is measured up to Level 4 on the standard scale Under regulation 39 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 from 13 January 2014 the following section is included in the 2008 regulations mentioned above Inertia selling (2) The consumer is exempted from any obligation to provide consideration for the products supplied by the trader.
(3) The absence of a response from the consumer following the supply does not constitute consent to the provision of consideration for, or the return or safekeeping of, the products.