Whats the law regarding a company sending more than has been ordered.

[robjf]

Right bit of a long story here, bear with me .

I had an upgrade with o2 and so i got on the blower to them and ordered a new mobile phone. The initial order went through fine so i was happy and was told it would take a day or 2 to arrive, fair enough. The day following the order i gave O2 a call to ask what the tracking number was as i hadn't been emailed it as promised. Having got the tracking number i checked on the couriers site and misread what the site said.

So i called them up again and said that i didnt understand what the tracking page meant. The upgrade adviser person checked for me and agreed that the order looked odd saying that 'this has happened before and the product gets sent back to the warehouse for no reason'. So she kindly orders me another phone.

The next day the courier arrives with 2 packages which i sign the form for. I thought this was all fine so far as the phone came with a free GPS kit as well. Having taken everything inside i open one box and find the phone and gps kit in and the other box has just the phone inside.

Now i intend to give them a ring to get o2 to come pick it up but what is the law regarding this. Can they charge my account if they discover the mishap?

Thanks for any advice, curious to know what my position is on this.

Rob

 

[robjf]

Yeh ive kept it fully packaged as i received, hasnt been touched whatsoever. So they charge my account then ask for it back, have they got any period of time in which they have to give me should they ask for it?

 

[robjf]

Don;t want to run the risk to be honest and might just wait for them to contact me. Just want to see what the law is regarding this situation. Selling it is the last thing on my mind as i wouldnt be able to pay for it if requested and would not be worth the hassle at all!!

If it counts as unsolicited goods then you can keep it for free.

However, as you phoned them up and agreed that another one was to be sent, I'm not sure whether or not it is classified as unsolicited goods.

Yes, i presumed that they will surely have records regarding all of this they will eventually see that another was sent.

 

[robjf]

Yup its a messed up order which to be fair is partly my fault. What i dont understand is why the girl was so eager to send another one out.

 

[robjf]

She said it has happened before and the phone is usually sent back. So she ordered a second one thinking the same thing would happen. No mystery. All the details are in your own post

Oh sorry, when i said she was really eager to send another one out, i thought maybe she was doing it to get comission or something.

So can i assume that by leaving it boxed up in my room i have nothing to worry about?

Rob







PS when can i sell it

 

[robjf]

Ive just had a look in the box for the order note which it came with and it is listed as 'Replacement Order'. From their point of view does that mean they actually wrote the first order off?

 

[robjf]

Meh, you signed for both, they will ask for one back sooner or later, or bill you for two.

Yeh see i would have thought i would have to sign for 2 as they were seperate orders, i only signed for 1 package as far as im aware. To be honest i wasn't paying attention at the time.

 

[robjf]

Yeh i can see its not a good idea either way and my guilty concience will most likely get the better or me. I presume if i call theyll arrange someone to pick it up?

 

[robjf]

Yeh i had the same with a shisha pipe, took several calls to correct the order then they just said to keep all the spare bits, i can almost make another one!