Market Inspectorate of the Republic of Slovenia on the increase of unsolicited deliveries

The Slovenian Market Inspectorate (hereinafter referred to as: the »TIRS«) has recently issued a notice warning Slovenian consumers about an unusual increase of unsolicited offers of goods which consumers are receiving without prior consent or order.

There is a growing trend of Slovenian as well as foreign companies sending offers of goods to Slovenian consumers without them having ordered or consented to such offers.

In this respect, it is therefore crucial that Slovenian consumers are aware of their rights under consumer law and make informed choices both when shopping online and when picking up packages.

Unsolicited offers of goods

Such offers, which call for immediate or deferred payment, constitute a breach of Article 35 of the Consumer Protection Act. This Article provides that unsolicited offers of goods, services or digital content which call on the consumer to pay immediately or defer payment are not permitted. The consumer is therefore under no obligation to pay in the event of an unsolicited offer of goods, services or digital content. If the consumer does not reply to such an offer, he shall be deemed not to have accepted the offer.

Slovenian consumers' rights

It is important to note that in the case of such deliveries, there is no obligation for the Slovenian consumer to pay. Furthermore, it is important to know that if the sender of the unsolicited goods is based in Slovenia, the Slovenian consumer can also contact TIRS directly.

If the seller is based in another EU Member State, the consumer can contact the European Consumer Centre for assistance. Also, in the case of a large number of victims by a known consignor from the European Union, TIRS may cooperate with the competent authorities abroad to ensure that consumer rights are respected.

Penalties for offenders

TIRS may impose a fine of between EUR 5,000 and EUR 50,000 on a company offering unsolicited goods to consumers with immediate or deferred payment, but it should be added that the TIRS cannot also impose on such a company the reimbursement of the purchase price already paid by the Slovenian consumer.

Advice and legal assistance

Law firm Križanec & Partners in Ljubljana, has extensive experience in consumer law. For more detailed information and advice in the field of consumer law, please contact our consumer law experts, Attorney at law Dinar Rahmatullin and legal intern Karin Ravnak. We will be happy to answer your questions professionally and help you enforce your rights.