Settle a disagreement please...

OnLineShoppingQ · 2023-08-03T14:12:26+00:00

Please settle a family disagreement... If you order an item from a retailer and they send you the wrong item (e.g. a more expensive item) do you LEGALLY have to return the item/does the retailer have any legal standing to retrieve the item/compensation for the difference in cost? I'm not talking about the moral side of whether it's right/wrong to keep the item (^most of ^the parties involved agree on that!), but the legal standpoint. YANBU - legally you cannot keep the item YABU - there is no legal action that the retailer can take

SayNoToCamping · 03/08/2023 15:17

You have no right to keep them.

Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them.
You have no obligation to send them back to the company or to pay for them. If a company demands payment, that's a criminal offence.
But this doesn't apply to items sent to you by mistake (as happened to Robert); if the order was sent to you twice; or if there's extra stuff on top of what you ordered.
If a firm has left goods with you that weren't unsolicited goods, they still belong to the trader and you should try to give them back.
Firms can take you to court to recover their goods.

www.bbc.co.uk/news/newsbeat-30294748

Dotjones · 03/08/2023 15:34

You don't have to notify them. However if they ask for the item to be returned at their expense and their inconvenience you would have to send it back - you can't keep it in that case. They can't demand money from you.

The thing is, you mustn't use the item in case they want it returning. If you send it back and it's not in the condition it was sold to you in they would have a case to take you to court to make you pay.

If it's something you need to use now, you're better off just letting them know their mistake and asking them to arrange collection on X date at Y time from Z location. Either they'll respond or they won't.

Original poster

OnLineShoppingQ · 03/08/2023 18:39

SayNoToCamping · 03/08/2023 15:17

You have no right to keep them.

Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them.
You have no obligation to send them back to the company or to pay for them. If a company demands payment, that's a criminal offence.
But this doesn't apply to items sent to you by mistake (as happened to Robert); if the order was sent to you twice; or if there's extra stuff on top of what you ordered.
If a firm has left goods with you that weren't unsolicited goods, they still belong to the trader and you should try to give them back.
Firms can take you to court to recover their goods.

www.bbc.co.uk/news/newsbeat-30294748

I have no idea what side of the fence you're sitting on.

OP posts:

Original poster

OnLineShoppingQ · 03/08/2023 18:40

Dotjones · 03/08/2023 15:34

You don't have to notify them. However if they ask for the item to be returned at their expense and their inconvenience you would have to send it back - you can't keep it in that case. They can't demand money from you.

The thing is, you mustn't use the item in case they want it returning. If you send it back and it's not in the condition it was sold to you in they would have a case to take you to court to make you pay.

If it's something you need to use now, you're better off just letting them know their mistake and asking them to arrange collection on X date at Y time from Z location. Either they'll respond or they won't.

Can you link to legislation you got this info from?

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Slothlikemum · 03/08/2023 18:44

OnLineShoppingQ · 03/08/2023 18:39

I have no idea what side of the fence you're sitting on.

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Pretty rude response to someone who has very explicitly answered your question and linked to the article they were quoting from

Original poster

OnLineShoppingQ · 03/08/2023 18:51

Slothlikemum · 03/08/2023 18:44

Pretty rude response to someone who has very explicitly answered your question and linked to the article they were quoting from

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I didn't understand their response.

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Verystressedsenmum · 03/08/2023 19:15

Need more info has the wrong item been delivered and the company realised the error ?

Original poster

OnLineShoppingQ · 04/08/2023 07:33

Verystressedsenmum · 03/08/2023 19:15

Need more info has the wrong item been delivered and the company realised the error ?

Yes, the item has been delivered. Company does not appear to have realised their error (and neither did the recipient until they tried to use the item and realised it was not the correct).

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cryinglaughing · 04/08/2023 07:36

Why would you want to keep an item you didn't order, regardless of cost? 🤔
Bet you'd have been straight onto them if it was some cheap shit they sent you!

FFSWhatToDoNow · 04/08/2023 07:38

It’s the Consumer Rights Act. If you’re sent the wrong item, this would be classed as item not as described and you are legally entitled to a replacement - that doesn’t mean you get to keep the original item as well.

FFSWhatToDoNow · 04/08/2023 07:39

To be clear, the entitlement is to a refund or a replacement (unless they said the item may vary). The company are entitled to recover the incorrect item.

Changeling78 · 04/08/2023 07:40

OnLineShoppingQ · 03/08/2023 18:51

I didn't understand their response.

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The first sentence says “you have no right to keep them”.
hope that helps.

ReyFinn · 04/08/2023 07:42

OnLineShoppingQ · 03/08/2023 18:51

I didn't understand their response.

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...it's quite clear. The poster even summarised it in their first sentence for you.

You understood it, you just didn't want to hear it.

AndIKnewYouMeantIt · 04/08/2023 07:42

There was a case where people were sent consoles instead of games. The retailer argued unsolicited goods only applies if there was "no prior request made" i.e. an order.

ReyFinn · 04/08/2023 07:57

You're probably getting confused because Google tells you that you can keep unsolicited goods.

But your situation is not unsolicited goods and the company can take legal action to recover the item:

"One of the most frequent things I get asked about is unsolicited goods. Many people believe that if they receive something sent by mistake they can keep it."

I ordered one item and a different item/extra came. Can I keep the item and get my money back for the item I ordered?

No. This is clearly an administrative error. You should contact the company, tell them what has happened and request return procedure details. Ensure that you are not paying for the return of the item. Although you are able to return an item within 14 days for a change of mind this is not a change of mind. This is the company’s error and they must pay for the return postage. You also need to make sure you have an evidence trail of the paperwork to show that you informed them that the wrong item was sent and returned so that you get refunded correctly. A suitable deadline is between one and two weeks.

Under the Consumer Rights Act 2015 you are entitled to the items that you ordered. Follow the advice in this post and Top 20 Tips How to Complain!

Source: https://thecomplainingcow.co.uk/all-you-need-to-know-about-unsolicited-goods/

Unsolicited goods your rights - The Complaining Cow - Consumer Complaints, Consumer and Money Expert

"Can I keep the goods? They are unsolicited." Unsolicited goods are VERY rare so what should you do and what are your rights?

https://thecomplainingcow.co.uk/all-you-need-to-know-about-unsolicited-goods

MeinKraft · 04/08/2023 08:01

What was it? If it's something that's more bother than it's worth to follow up the company will probably let you keep it. Eg a box of lightbulbs or a book. If it's a high value item they'll want it back. Eg a TV.

widowtwankywashroom · 04/08/2023 08:03

OnLineShoppingQ · 03/08/2023 18:39

I have no idea what side of the fence you're sitting on.

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It doesn't matter one bit what side of the fence they're on. You asked a question and they answered it.

Original poster

OnLineShoppingQ · 04/08/2023 14:36

So many people assuming what side of the aforementioned disagreement I'm on, when I haven't actually provided this information.

It's not even me that has been sent the item. 😂

Hiding the thread now because I don't have time for the Mumsnet Witches.

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