Item sent to me in error - Advice please!

Hussman

Hussman

Hussman

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Joined
1 Nov 2003
Posts
1,268
Location
Maidstone, Kent
I ordered an item from a fairly well known company. The item arrived and all was good.

A few days later I received an email from the company stating my order was being shipped!

The following day I received another email stating that, due to a warehouse error, I had been sent a duplicate and could I either refuse delivery or, once I received the item, return it to them.

Two days later the item arrived. I have all my large postal items sent to my work address. So the parcel was signed for by the receptionist. I was therefore not able to refuse delivery.

I've emailed the company and informed them the parcel has arrived. I requested a post-paid label to stick on to the parcel so I could return it to them. However, they stated they can't do this.

Instead, they want me to return the parcel (at my own expense) then they will reimburse me.

As the parcel is heavy I expect the cost of returning it, using tracking, will be about £10.

Should I return it and await my refund, or stick to my guns as it was their fault in the first place?

Thanks

Hussman :)
 
I think it's the senders responsibility to collect the item. Let them know where it can be collected from and leave them to it. Do check they don't try to charge you twice ;-)

Andi.
 
They should be arranging for it to be collected. Your only obligation is to maintain it in good condition until they send someone for it.
 
malfunkshun said:
Irrelevant link, these goods aren't unsolicited, they are a replication of a recent order, an error.
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Define "unsolicited"?

Correct me if I am wrong but a replication of a recent order or error is the same result....the goods are unsolicited as in the user did not buy or want them? Yes, he wanted one and he got one. Seperate contract and fulfilled.

So how can this be treated any differently? Surely it is up to the seller to arrange collection or at the very least pay the buyer up front for sending them back?
 
If I keep the item (and ask them to collect within 14 days) they have my credit card details. What's to stop them charging me twice?
 
Hussman said:
If I keep the item (and ask them to collect within 14 days) they have my credit card details. What's to stop them charging me twice?
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Pretty sure they can't. You never started a contract with them for the duplicated item. Therefore, they can't take money from you. And if they do, ring credit card company and chargeback.
 
Greebo said:
Define "unsolicited"?

Correct me if I am wrong but a replication of a recent order or error is the same result....the goods are unsolicited as in the user did not buy or want them? Yes, he wanted one and he got one. Seperate contract and fulfilled.

So how can this be treated any differently? Surely it is up to the seller to arrange collection or at the very least pay the buyer up front for sending them back?
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For the purposes of the act unsolicited is knowingly providing goods or services without them having been requested by the recipient or on his behalf with a view to the recipient acquiring them.
In this case the goods were requested, via an order, and were supplied. A warehouse error has resulted in duplication of the shipping.
The key here is knowingly as a shipping duplication error would be difficult to show as knowingly sent.
Either way, it shouldn't be on the recipient for pay to correct their error in the hope that they reimburse him, tell them it will be available for collection and to let you know when their agent will arrive.
 
Greebo said:
Define "unsolicited"?

Correct me if I am wrong but a replication of a recent order or error is the same result....the goods are unsolicited as in the user did not buy or want them? Yes, he wanted one and he got one. Seperate contract and fulfilled.

So how can this be treated any differently? Surely it is up to the seller to arrange collection or at the very least pay the buyer up front for sending them back?
Click to expand...

You are wrong, it is different in law.
 
Amleto said:
You are wrong, it is different in law.
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Okay so if different what are the rules for when you are sent an item in error? The same as unsolicited goods or is up to the receiver to post back and wait reimbursement?

What happens if its something a 3 peice suite?
 
I would call them up, inform them if they want their goods back they can collect. The mistake it theirs, so why should you have to do anything other than inform them?
 
They're paying you back for the effort of returning the item. Don't be tight?
 
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