Ebay/Company freebies

When I got my PS3 (free with phone contract) they sent it with 12 Blu-Rays and 6 games. I should have been 6 Blu-Rays and 3 games. When I told them they said to keep them! Sadly they were all doubles but I got top dollar for them on ebay.
 
I must admit I don't have a lot of luck with online sales. However last week I ordered a small RC boat for my son. I got an email from the company a day later saying they were very sorry but sent the wrong item by mistake. They would despatch the correct item but I can keep the wrong item as a gift!! I was thinking I would get a bath tub boat but received this today!!

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32 inches long and 30mph+

What's your best freebie?

Great result dude

unfortunately I havent been lucky enough to get any freebies :(

Lew
 
Anyhow

I ordered 2 fleeces and a neck warmer when I was going away skiing this year. Parcel 1 arrived at work, then a couple of says later a second parcel arrived. I loooked up on google and many sites what to do in this situation, as I too thought hey they have made a mistake and I can just keep them. YOU CAN'T

I sent an e-mail informing the company of the mistake, I sent the second parcel back via freepost, only to find that the company had made another mistake in refunding me the full cost of parcel 2. Another e-mail to inform them of this mistake, and they said for my constant troubles that they would leave it how it was. I got 2 fleeces and a neck warmer for the cost of original delivery 99p!!!
 
In regards to Unsolicited Items ie something you did not order, wether it be duplicate item or not, the recipient did not set out to profit.

But by selling something of which you legally do not own. You have made profit, whether intending to or not!

The sender is fully within their rights to a)ask for the second item to be returned b) send you an invoice for the item if you are not to return it.

The unsolicited act was to stop some companies who were sending products and then demanding payment. The unsolicited act does not cover duplicate items being sent to you!!!

If you walk into a shop, and pick up 2 pens, but the cashier only charges you for 1 pen. You walk out of the shop fully aware of this mistake you are stealing FACT. It's no different to on-line orders...
 
But by selling something of which you legally do not own. You have made profit, whether intending to or not!

The sender is fully within their rights to a)ask for the second item to be returned b) send you an invoice for the item if you are not to return it.

The unsolicited act was to stop some companies who were sending products and then demanding payment. The unsolicited act does not cover duplicate items being sent to you!!!

If you walk into a shop, and pick up 2 pens, but the cashier only charges you for 1 pen. You walk out of the shop fully aware of this mistake you are stealing FACT. It's no different to on-line orders...

The legislation provisions

The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.

Allow me to give another analogy under the same legislation.

Your Window Cleaner cleans your windows when you are out. Regardless of how many times he has done them before he has no legal claim to demand payment.

Within our current statute books we have many weird and wonderful laws.
It is Illegal to be drunk on Licensed Premises, Christmas is Illegal and finally every Hackney Cab in London should carry a bail of straw.

These are just three humorous examples of laws yet to be repealed by the government.
 
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Because the law in question was written to stop genuinely unsolicited items, where the intention was to send people stuff they didn't want, and subsequently make them pay. It just wouldn't be equitable to punish a company for a genuine mistake, if they are willing to come and pick it up expediently, etc.

Lets look at the very first post in the thread

I must admit I don't have a lot of luck with online sales. However last week I ordered a small RC boat for my son. I got an email from the company a day later saying they were very sorry but sent the wrong item by mistake. They would despatch the correct item but I can keep the wrong item as a gift!! I was thinking I would get a bath tub boat but received this today!!

Here is a text book example of the company adhering to the terms laid out in the legislation to the letter. Even before the parcel with the wrong item arrived.

It is no coincidence in the email that they used the term "gift" as the legislation clearly states

The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.

So in the OPs case the unsolicited item was given as a gift and the original item he ordered dispatched. This company is well aware of the consequences under the legislation.

As a partner in a reputable law firm I am on firm ground here and without wishing to be condescending or disrespectful to yourself, you are a typical example of a consumer completely ignorant of the legislation on the statute books and its correct interpretation.
 
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It says what you quoted, but prior to that it says it's only the case if it is unsolicited goods. No one in their right mind is going to call it unsolicited goods if a company accidentally sends two Ferraris, instead of one, then says, 'oops, we'll come and collect the second one, our bad'.

No where in the law does it state a value of the item therefore the value of the item is irrelevant. Under the terms of the legislation unsolicited is anything that is "not asked for; given or done voluntarily" simple as that.
 
If you walk into a shop, and pick up 2 pens, but the cashier only charges you for 1 pen. You walk out of the shop fully aware of this mistake you are stealing FACT. It's no different to on-line orders...

Your analogy here is the total reverse. You wanted two pens but paid for one therefore the seller has a full legal right to seek recourse.
 
Well just to add more fuel to the fire this arrived today!!

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Clearly not the little thing I ordered. I contacted them again asking if they would like me to return it as it is of far greater value than the one I ordered. They have responded saying they ran out of stock of the small boats, would I consider this item as a replacement. I said hell yes, the thing I ordered was only 12 inches long this is 30 inches long.

What a charming company.
 
The law doesn't just blindly support unconscionable stuff... :o

Things blatantly sent in error != unsolicited goods :o.

will try and simplify this for you. The legislation states

(a) unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them.

therefore it is considered by sending a second item the company hoped they would be bought, whether that was the intention or not, it is very difficult for the sender to prove otherwise. The arrival of anything you did not ask for is construed as something the sender sent to you in the "hope" you would buy it. Therefore unsolicited. You didn't not ask for it.

Please set aside the fact the item may have been sent in mistake or a duplicate, in respect of the law the manner in which it was dispatched is irrelevant, the recipient received an item they did not ask for, it is considered unsolicited. The risk and responsibility lies solely with the sender.
 
Well just to add more fuel to the fire this arrived today!!

img0396ap.jpg


Clearly not the little thing I ordered. I contacted them again asking if they would like me to return it as it is of far greater value than the one I ordered. They have responded saying they ran out of stock of the small boats, would I consider this item as a replacement. I said hell yes, the thing I ordered was only 12 inches long this is 30 inches long.

What a charming company.

Jesus. What company is it? I might order one of these 12" boats. Knowing my luck they would not be in stock and stock of the bigger ones would also be out so I would get a 2" dinky boat or something
 
I ordered a droid once, emailed them to say it wasn't the droid i was looking for, they waved me on


I want one them boats! where did you get it from?
 
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