Great question. Unfortunately, I don't think EU law allows you to keep what the [BBC][2] calls "online order freebies." As I read the EU Code, "unsolicited goods" are not any goods that show up at your house unsolicited. They are goods that are sent to you as part of the well-known scam of "inertia selling."
In a decision handed down last year, the [EU Court of Justice][1] explained that "inertia selling" has two prongs:
- Demanding...payment for...
- products supplied by the trader, but not solicited by the consumer...
From Colin's description, it doesn't seem his seller meets the "demanding...payment" prong of this definition.
Too bad you can't sue for bad customer service. This looks like one of those instances where trying to do the right thing by fixing someone else's careless mistake will end up costing you more in time and frustration than their mistake costs them. [1]: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62017CC0054 [2]: https://www.bbc.com/news/business-37048351