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 ?

I would probably keep it 🤫

I don't think my purse has been sent to someone else as on the box is a sticker with the wrong code on.

Amazon has done this to me. They sent me the wrong variety of a very posh coffee I like. I ordered blend A. The sticker on the bag said "Blend A". The bag was actually blend B. They put the wrong sticker on it when it was received into the warehouse.

I rang them and they sent me right coffee, told me to keep the other coffee and gave me a $5 credit on my account for the bother.

I love Amazon. :)

I think it’s genuinely interesting that some posters saying they’d return it also almost caveat by saying ‘the shop might reward you’...as if it’s not pure honesty driving them

It’s not the motive, but it’s my experience. It’s happened to me on three occasions (two large companies, and one independent).

I'd like to compare it to if you went to McDonald's and ordered 6 nuggets but they gave you more, would you give them the extra nuggets back? It's a no from me

Caprisunorange... um, no. I’m using my law degree and status as a practising solicitor to argue that it is actually theft. Racecardriver also said it was theft...and is a lawyer.

To argue against it being theft, section 2(1)(b) re ‘dishonesty’ would be a better defence than arguing over ‘appropriation’, FYI

We phoned them and they asked us to make the 50 mile round trip to return them.

The cheeky sods!

ADarstadly it's not being awkward as fuck about returning it- it's not going out of your way to rectify someone else's mistake. If they want it back I'll return it but I'm not lugging my kids on my day off to the PO that I was going nowhere near to give it back. Why should I? I would inform them and arrange collection. At my convenience.

I’m loving people trying to argue with nickynacky and Martha, who clearly know what they’re talking about, using random internet links as evidence 🤣 don’t bother with law school kids! Google is your friend!

Yeah, right, because what does the BBC know about anything compared to some randoms on an internet forum? 🤦‍♀️

keep quiet for 6wks wks then it's yours! gift from above!

thunder If you actually are a solicitor then I’m really surprised by your switched label comparison.......

I don't think my purse has been sent to someone else as on the box is a sticker with the wrong code on.
So the purse I received has the code and description of the purse I ordered.
So it was labelled wrong in the factory they picked it from.

In that case I would keep it - no-one is going to lose a job over that. And your other cheapo purse could be anywhere.

MrDonut Your BBC link didn’t prove what you seem to think it did.

It’s to show the plurality of ‘appropriation’

It’s a pretty standard law school 101 case...

Caprisunorange

How do you know what people's background is that are saying it's theft ?

You know nothing about me

I have given my reasons for calling it theft - dishonest and appropriation is the key.

Still waiting for Nicknacky to say why it is not and why the OP is not dishonest and has not appropriated property

@stumpyteapot do you also open your neighbours letters if someone accidentally puts them in your mailbox?

In don't know about stumpy, but I certainly do. And I've twice received goods I haven't paid for (once trivial value, once high value), and it absolutely did not cross my mind to send them back.

Incidentally the law is here, although I'm not suggesting that this makes it morally correct.
www.legislation.gov.uk/ukpga/1971/30

I feel like all MN threads should start with multiple disclaimers eg ‘unless you’re a lawyer, don’t hand out legal advice or crap like ‘you can get a free 20 mins with any lawyer!!!!’’

thunder Your example is a deliberate act of deception and is a crime. That is not the case here and as well you know.

at the BBC being factual and honest.

I think technically you can argue it is dishonest appropriation at the point the op sees the error and makes no steps to contact the company. She honestly paid for and expected a £12 purse, she dishonestly kept a £100 purse. However, a criminal case would never be pursued. The op is still in the wrong and the company would be able to take civil steps to recover the loss if discovered. It is theft in a technical sense. Just like you can find something and keep it and it's still theft (by finding).

Morally it's entirely clear what the op should do.

stumpy She ordered and paid for an item online in good faith. The incorrect item arrived.

She has not committed theft.

Was it Next Directory as they are always doing this, you don’t have to return it anyway, they have to collect it if they want it at no inconvenience to you, I would just keep it if you like it.

I should add on two occasions I've found purses in shopping centre toilets and changing room and handed them in but because this is from a huge company I don't feel guilty

I’m not walking you through the sub-sections of the act. I wouldn’t do that for a paying client let alone MN!

Nicknacky, are you a lawyer?

There is no such thing thing as “theft in technical terms”.

anything other than informing them would mean you're definitely going to hell.

If you get there before me OP keep me a seat, will you?