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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To keep this or am I thief?

461 replies

hattyho · 21/11/2018 19:48

So I ordered a purse online from a well known brand.
I paid £12 so cheap and cheerful.
The parcel arrived today and it was well packaged in a nice box and wrapped etc.
I opened it and it was a different purse (loved it ) and I checked online and it is selling on the site for £100 Shock
Moral dilemma ...keep or return ?
Would you tell them ?

OP posts:
Boulty · 22/11/2018 19:24

"Karma hits hard you guys " …

Do you actually believe that (seriously!)

Sara107 · 22/11/2018 19:32

You’re not a thief, you bought something and due to somebody’s error you got the wrong thing. Honestly, at the moment I am so sick of people who don’t seem able to do their jobs properly I would keep it!

HonestLawyer · 22/11/2018 19:33

Someone posted a BBC link earlier. That covers it quite nicely.

thinkful · 22/11/2018 19:34

I took and passed a law module as part of my masters degree so definitely know what I'm talking about too... granted it was planning law Wink

Anyway, I would email them, say it doesn't look like the purse you ordered but code is the same and you're happy with it, if they are happy for you to keep.

I also want to see a photo!

I read the whole thread and wonder if everyone saying to send it back and it's theft, OP is a thief etc have ever taken so much as a pencil or paper clip from work? Hmm. I consider myself honest too but I took home a lever arch file from work and forgot to return it even after I left. I still have it now but cba.

Amazon last year sent me an item that had a torn box, they couldn't get one dispatched in time for Christmas so told me to keep (or dispose) and refunded me. I think it has happened on other occasions too but can't remember off-hand.

Hellsbells35 · 22/11/2018 19:34

Surprised anyone would feel guilty about this? They made a mistake. No one there will care, they have bigger issues than selling one purse. Don’t overthink it. Keep it...do a little skip and be happy xx

Dorsetdays · 22/11/2018 19:34

Still don’t understand why citizens advice are saying something different then? Confused

Hellsbells35 · 22/11/2018 19:35

P.s no such thing as karma. Have you seen Donald Trump?

HonestLawyer · 22/11/2018 19:37

Dorset can you post the cab link?

Banksy13 · 22/11/2018 19:39

My friend ordered a Tag Heuer watch, then changed his mind about the model before it had been shipped, company said no problem they'd change the order. Both £1000 watches arrived! He kept the spare as new for 366 days then flogged it on Facebook.

Myheartbelongsto · 22/11/2018 19:41

I can't stand attitudes like thunderinmyhearts.

I'd return it.

Dorsetdays · 22/11/2018 19:42

Honest. I’ve no idea how to post a link? I just googled it and the citizensadvice.org.uk site came up. It’s under the ‘something’s gone wrong with a purchase’ section?

It very clearly says, under the heading ‘if you’ve already bought it’, “if the shop sold you an item at a lower cost than they meant to, you don’t have to give it back - they’re only legally entitled to ask you for more money if you’d talked about the price (eg £100) and they ended up charging you much less instead (eg £10).

It then clarifies shopping online which is the quote I posted earlier about them not being able to cancel the order once the ‘contract’ is in place even if they realise they’ve sold you something at the wrong price.

Sorry for the waffle...must learn to post links!

ILoveHumanity · 22/11/2018 19:46

Karma is very real,

Just sometimes she is very slow and gives chances lol

MummyofTw0 · 22/11/2018 19:52

I’d keep it
Without a moments hesitation lol x

HonestLawyer · 22/11/2018 19:52

Dorset. Yes that's true if they advertise something for £10 when they mean £100 that would be difficult for them to get out of. The difference here is that they didn't mean to sell this particular purse for £12 they just posted the wrong one. So the intended contract was never fulfilled so the seller isn't bound by it. The buyer then makes a decision, do they keep quiet or not? They have no civil claim to the item sent in error and no right to keep it because it isn't what they paid for. The point at which the decision is made to take advantage of the error is the point when it becomes an offence. Theft requires dishonesty. If the jury believes that deciding to keep something you haven't paid for is dishonest then that is what establishes guilt. That's the legal position. The moral position is very much more down to the individual conscience.

AdobeWanKenobi · 22/11/2018 19:56

He kept the spare as new for 366 days then flogged it on Facebook

Thats nice. They have 6 years.

Dorsetdays · 22/11/2018 19:59

Ah ok so if the supplier can argue it was a genuine mistake that you should have spotted they can cancel any ‘contract’ you may have entered into by buying the item?

Makes sense but not sure the CAB info is totally clear so can see how us non-legal people might misinterpret!

I suppose the OP could always argue she didn’t realize it was a different purse Grin

Hellsbells35 · 22/11/2018 20:00

Hmm how exactly could karma possibly be real? Good things happen to bad people avd visa versa. Is there a department somewhere tallying up peoples bad and good deeds? Do squirrels get hit on the head by a nut if she steal someone else’s stash? Nope. It’s all just in your head

FranciscoGoya · 22/11/2018 20:07

Karma refers to the principle of cause and effect. Every action has a reaction.

Dorsetdays · 22/11/2018 20:07

Hellsbells. I don’t believe in the whole karma thing but squirrels are evil little shits anyway so I don’t care if they do get hit on the head with a nut Grin

Will that come back to haunt me? Confused

AfterSchoolWorry · 22/11/2018 20:09

Keep. 100 %

OnewaytoRio · 22/11/2018 20:13

It is definitely theft - the definition of "appropriates property" includes retaining something that came into your possession innocently, but which you decide to keep, knowing it's not yours (ie dishonestly). That aside I'd keep it, they're a big retailer and it's their mistake.

HonestLawyer · 22/11/2018 20:15

If she didn't realise it was a different purse then no dishonest intent arises so no theft.

deedeegee · 22/11/2018 20:16

Tell them and they'll probably say keep it as it will cost them too much resource and hassle to arrange its return.

ToftyAC · 22/11/2018 20:25

Nope - I’d keep it. Damn straight I would. Have been in a similar situation where I was sent 2 v expensive coats instead of one. Gave the other away as a gift 🎁

HonestLawyer · 22/11/2018 20:27

All OP needs is 12 people from this thread on the jury and she'll be fine.

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