Soldato
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.
Your logic is completely off the scale here. All you are doing is justifying stealing!!!
Yes a seller incorrectly send you a duplicate item, there is a piece of law that protects companies from sending you products and forcing you to pay for them. However, it does not state that these products that are sent to you, are legally yours, and you are able to sell them on for profit.
The company has every right to demand the item be returned (at no expense to you). If you fail to do this, and the company has tried every means necessary to retain the item. Then they ARE allowed to bill you for the item, as quite frankly you have either already sold it on, or are trying to keep it for profit of a mistake.
It's perfectly simple really, take a bank for example. You go in and ask for £10, the cashier gives you two £10 notes, as they were stuck together slightly and it was made to look like just one £10 note.
By you walking away fully in the knowledge you have gained £10, you are thieving. If the bank can prove this error was made, they CAN demand the money back. ITS THAT ****ing simple