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 ?

It wasn't no,I don't really want to name them but they are online based only and not amazon but a very well known company

thunder Nope, I’m not.

I agree with the first 3 sentences of ShowofHands’ post

I once ordered a pair of boots and was sent a pair of men's tracksuit bottoms. They were even labelled 'blue boots size 37'. The bloke on the phone when I complained insisted that I return them by post before they would give me my money back (boots now out of stock) and I had to wait until they'd processed the return before I got my money back, and therefore couldn't buy a pair of replacement boots from somewhere else until after the event I needed them for. And I had to pay for the fucking postage!!

Keep the purse!

I had a small company send me the wrong item (higher value) told them and they asked me to return which was a total ball ache and took ages.
They never even said thank you.
Wish I hadn’t bothered.

cowface what happened in the end, did they come and collect their Apple Mac's.

Call them and return it, at their costs. It's not your purse.

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

Unsolicited goods - in other words, freebies - do not include items sent by mistake, such as the wine crates example from earlier.

This is also true of refunded items that are faulty and waiting for collection, items meant for someone else, items sent in addition to an order, or replacement orders that have not been paid for.

In these cases, anyone who wants to keep these items will have to pay for them.

Otherwise, it is up to you to contact the trader to tell them to come and collect these goods. You should not be expected to pay for postage and packaging if sending them back.

I'd keep it .... I once had a dress sent from Next which I hadn't ordered (had ordered other stuff which was all coming in dribs and drabs and this came with one other item that I had ordered) - I rang them and told them and they never asked for it back - that was selling for around £85 at the time (and I'm still a bit fat for it )

It seems pretty clear to me.

If a company randomly sends you something like a promotional pen when you have had no contact with that company before, then you can keep it. If you have had contact with the company and they have sent you the wrong thing, then you have to pay for it or return it.

Actually after reading the last couple of posts of the bother people have had, definitely keep it if you like it.

@hattyho - do you actually like the more expensive purse?!

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

Unsolicited goods is different. If I mail out pens to all my neighbors, then go around their houses demanding money for the pens, they don't have to pay. In the OP's case, it isn't unsolicited goods as she had contact with the company. She paid for one item but received another in error.

FFS nicknacky

You don't have to have com across the property innocently to not commmit the offence of theft.

2
“Dishonestly”
(1)
A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)
if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b)
if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c)
(except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

A - does she believe she has the right in law to deprive the other of it ? Possibly for court to decide

B - Dies she believe she has the senders consent to keep a £100 purse when she paid £12 ? How does she know the retailer would allow this ?

C - not applicable

3
“Appropriates”.
(1)
Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
(2)
Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.

OP has assumed rights of an owner

ASOS?

FFS yourself stumpy quoting the law doesn’t mean you understand it.

I'd keep it, I once ordered some earrings but I received a very expensive watch instead.

I guess I'm going to hell.

Nicknacky ** you still haven't explained fully why the Op is not dishonest.

Coming across property innocently makes no difference

Every time you look at your purse you will be reminded you acquired it dishonestly at someone else's expense.
I would inform the seller and tell them of the situation and ask would they like you to return it.
You may be told not to bother and to keep it, if you are asked to return it
you will know you have done the right thing.

Ooooh, idk. Not a bad analysis by @stumpyteapot

AFAIA, the only two qualified lawyers on this thread have said this is theft.

So unless someone from the CPS disagrees, derailing could stop, no? Otherwise it’s just a pissing contest

thunder Please at least reassure me you don’t practice criminal law?

I was sent the wrong item from an on line purchase, a few days ago. I rang and told them. They have resent the correct item and parcel force collected the incorrect item today. I would always return an incorrect item.

I ordered 1box of v pretty Victorian style drawer knobs on Amazon (rip off of the £6 each John Lewis ones). They sent 2boxes. I fessed up & they told me to keep the extra one. 😊

I ordered Christmas cards, diary and calendar from the local hospice, they sent the order out twice, I did phone them and dropped the duplicate order off at their reception last week, they were wonderful with my friends 27 year old son who died earlier this year.