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What to do with this giant pool? (Legal as well as moral issue here)

(25 Posts)
emkana Mon 29-May-06 19:16:10

I ordered a swing from the ELC, by mistake they delivered a giant pool instead. As they couldn't promise me that I would have the swing before dd1's birthday on Wednesday I cancelled the order. I still have the giant pool though - they did say to me last week that I should take it to the post office to send it back, but nothing more was said about it when I cancelled the order today. Personally I can't be bothered to take it to the PO, it's a big and heavy box, I'm 39 weeks pregnant and have 2 small dd's.
So what do I do? Chase them up to come and get it? Just keep quiet about it? Or what?

WideWebWitch Mon 29-May-06 19:19:28

I'd email them asking thenm to make arrangements to collect and telling them as it's not your fault and as you didn't get what you wanted as far as you're concerned it's not your problem to get it returned, The ball'sin their court then.

Marne Mon 29-May-06 19:19:31

keep quiet but don't use it for a while just in case they contact you wanting it back.

Roobie Mon 29-May-06 19:20:10

There's no way I would go to the time and effort to take it to the PO - it was their error and they should arrange for collection. I would probably just keep it to one side in its packaging and leave it up to them to chase me.

geekgrrl Mon 29-May-06 19:21:27

yes, keep quiet and use it next summer.
they sent it to you without you requesting it, so legally they are obliged to collect it if they want it back.

Jimjamskeepingoffvaxthreads Mon 29-May-06 19:23:24

I had this with ntl. When we moved I cancelled their contact and they were meant to pick up the box. They didn't and asked us to post it back to them. i didn't, because it was too much of a PITA, but kept it in case they turned up demanding it. That was 3 years ago.

I'd keep it but not do anything with it until next year. If it's their mistake it's up to them to collect it. Not like its an easy thing to post (I presume they don't expect youy to pay postage up front, grrrrr bloody cheek if they do).

thewomanwhothoughtshewasahat Mon 29-May-06 19:23:55

there was a thread along these lines some time ago. iirc someone who sounded like they knew what they were talking about said it is their responsibility to collect it and should they fail to do so within a certain amount of time it's tough on them. I have a feeling it was something in the region of 2-6 months but might be totally wrong

TheMammy Mon 29-May-06 19:27:52

I don't know about legally, but morally I couldn't hold on to the pool. I would feel guilty incase someone else was waiting for the pool.. and you did say they told you to take it to the PO to send back to them.. I understand about the pregnancy etc..but can your DH not take it back for you?

charliecat Mon 29-May-06 19:30:00

I would put it in the shed till next year. And use it next year if they havent sent someone round to collect it.
If someone comes, pass it over.

thewomanwhothoughtshewasahat Mon 29-May-06 19:31:38

if someone else is waiting for it I very much doubt there would be any connection at all between emkana returning it and that person getting it iyswim. It's not like there's only one. Warehouse logistics sdon;t work like that.

TheMammy Mon 29-May-06 19:37:06

Well, I wouldn;t know about warehouse logistics, I am merely a lowly SAHM

thewomanwhothoughtshewasahat Mon 29-May-06 19:40:17

neither do I I just have a fundamental distrust of big companies like ELC. whoever didn;t get it probably has a swing and is wondering the same thing.

LIZS Mon 29-May-06 19:46:05

Agree with WWW - email and give them a finite, but reasonable, period to arrange to collect it. Other companies such as Toys r Us can collect returns, and give you a specific time slot to do so, why not them ? If they are that desperate someone from a local branch could collect it !

moondog Mon 29-May-06 19:55:44

Not your job to take it back Em.

I remember us being sent an (unsolicited) huge and unwieldy set of children's encyclopaedias like this.

My mother wrote and told them to come and collect them.
Needless to say,they never did as we lived on a tiny coral island in the middle of the Pacific.

I still like looking at them 30 odd years later.

suejonez Mon 29-May-06 19:59:18

legally I think if they want it back they have to collect. Because they were not what you ordered it comes under the rules for unsolicited goods and they have to collect them within 30 days of your notification and you have to take good care of it in that time. You should check with either trading standards or Citizens advice bureau, they can tell you chapter and verse.

This isn't a moral issue - its a commerical one. It's their mistake, they need to sort it out.

emkana Mon 29-May-06 20:36:21

I probably won't do anything, the thing is the way things are around here atm, with difficult birth only days away, I really haven't got the time and/or inclination to bother with their stupid pool.

puddingz Mon 29-May-06 23:11:57

My dh had a similar problem. Dh ordered a large leather chair but we decided to cancel the order. We cancelled it before it reached us but were told that it ws already on the way! When it finally arrived we kept it in a safe place (under a short xmas tree!!!), emailed them and rang them constantly to collect it. In the end I got nasty and gave them a deadline (this was at the end of January) and said if they didn't collect it then we would keep it. So they said "OK. Keep it"! So we did and I love it especially cos it didn't cost a thing Good Luck

stitch Mon 29-May-06 23:56:54

contact them, and let them know the situation. being very pregnant with young kids etc.that way, morally, you are covered. if they choose not to collect it, thats up to them.

thewomanwhothoughtshewasahat Tue 30-May-06 00:22:07

puddingz - you are putting ideas into my head...Emkana - good luck with the birth.

threebob Tue 30-May-06 04:03:51

They probably have a note on their computer saying you are sending it back - I would contact them and explain that you are not, and that they should collect.

HarpsichordCarrierOnSea Tue 30-May-06 07:18:36

the cheek of them expecting you to send it back.
yes, I agree with others, to write and confirm by email that they should come and collect it if they want it

Freckle Tue 30-May-06 08:06:56

You are covered every which way. The pool counts as unsolicited goods. You are under no obligation to return it. You must keep it in good condition whilst in your care but all you need do it advise them of where it is and offer them the opportunity to collect. If you give them a deadline by which they must collect the goods (and the deadline must be reasonable - say one month) and they do not collect, then you may apparently keep the goods.

suejonez Tue 30-May-06 13:34:26

Where is this shop which keep delivering things and not picking them up again? I'd like to order something from them - could do with a new wardrobe.

FrayedKnot Tue 30-May-06 13:39:35

I had this problem with Next.

I was going to write to them but in the end after several phone calls they did collect the items.

But it took about 2 months, and lots of chasing on my part.

Another time I wouldn't botehr to chase more than once, I would put in writing & give them a time limit, then I would keep them if they hadn;t bothered to collect.

LadySherlockofLGJ Tue 30-May-06 13:40:39

Ah good old ELC.............does anyone remember Christmas and the trauma of the missing wooden forts, Northerner and I bonded very well on that thread.

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