To keep this or am I thief?

[hattyho]

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
Moral dilemma ...keep or return ?
Would you tell them ?

[BoooForYou]

Both Amazon and Very have sent the wrong item before, both times we got something far nicer.
I emailed very and they never replied about the mix up, it was a generic email asking if I wanted a refund. Amazon I called and they said to keep it, gave me an extra month of prime, and sent the right item too!
Just email them.

[Bluesheep8]

Do you like it better than the one you ordered though, taking the price out of the equation? If so, I'd keep it and just say I hadn't noticed it wasn't the same, or that it was a gift?

[homeishere]

Bank error in your favour, collect £10.

Happy days.

[PinsPegs]

No way would all of these posters send it back!

I would phone them. I wouldn't ever consider not doing it. TBH most times you get told to keep the item anyway.

[AnchorDownDeepBreath]

Oh god this thread is a mess.

The theft act is largely irrelevant; the only relevance is that this does not count as unsolicited goods as OP had prior contact with the the company.

The legal position is that OP can keep the purse without much real threat of her being accused of theft; but if the company realise that they've sent the wrong product, they have six years to pursue her for the difference in cost. How likely they are to do that is anyone's guess; but arguably if you get past a year or so from now, the purchase will have been audited and therefore it'd probably be unlikely to be picked up on.

The info from CAB about things being priced incorrectly isn't relevant. This wasn't priced wrong; OP bought a different, cheaper bag. She received a more expensive one by accident.

[thinkful]

What did you decide OP?

[OftenHangry]

Just an FYI. You are in Liverpool Echo 😂

[Flewog]

The legal position is that OP can keep the purse without much real threat of her being accused of theft; but if the company realise that they've sent the wrong product, they have six years to pursue her for the difference in cost. How likely they are to do that is anyone's guess; but arguably if you get past a year or so from now, the purchase will have been audited and therefore it'd probably be unlikely to be picked up on.
I don't disagree with the thrust of your post, but the legal position is that, yes, it is theft. The reality is that it's unlikely that the OP will suffer any consequences. The perfect £88 crime!

The only reason this thread descended is because certain, unqualified posters were giving out inaccurate legal advice and mocking those who actually knew the law. Even one of the lawyers, who correctly stated that it is legally theft, admitted to having kept goods in a similar scenario.

[AnchorDownDeepBreath]

You're right, Flewog, I should have worded that better. Apologies.

[Fowles94]

I wouldn't as it rarely happens and it's like a present 😂 naughty I know

[ShesABelter]

Nice purse I'd keep it. Doubt you will ever hear about it. They won't even notice until they come to do their next stock take and doubt they will contact you then it will just down as a loss.