Consumer advice - do I HAVE to send it back?

[Whoamireally]

Hypothetical question? Don't want to give too many details in case anyone from said purveyor of children's toys and household storage items that you never knew you needed is reading.

I bought item A from a well known online purveyor of children's tat a few weeks ago, and they have sent me item B which is clearly a mistake. The two items are so radically different in size and shape that you would have thought they'd noticed.

And then they send me this email which says 'We're sorry that you feel our service is not up to standard'. I HATE it when people apologise for how you feel - it's like saying that there's nothing wrong with the service and you are just a moany cow. Anyhow I digress.

Anyway my hypothetical question is, am I legally obliged to send item B back as I never asked for it? It cost more to buy than item A and we quite like it

They tell me that I do - but I seem to remember ages ago that when Reader's Digest used to send people books, they were under no obligation to send them back if they didn't want to buy them.

So - do I have to send this back? Any ideas?

Send it back but ask them to forward your postal costs first. If you want to keep the item, you need to pay the difference.

legally i dont think you have to actually send it back, but you have to give them a reasonable time to be allowed to collect it from you. Write to them and tell them they have two weeks to collect it or your will 'dispose' of it.

Thanks for the advice. I emailed them and they are going to swap at their own expense on Monday Altho Mr Whoami still thinks we should keep Item B instead as it cost more...

Ooo no, theres much more fun to be had with this.

Item B is an unsolicited item. Write to them and thank them for the unsolicited gift, but you are unable to accept, as you storage facility cannotstore unsolicited items free. Point out that the items will be therefore be stored at a rate of, say, £10 per day, and can be collected with 24 hours notice. You can also point out all uncollected items will be sold off to recover storage costs after, say, 14 days.

This is all within your legal rights.

Its not unsolicited if you have ordered and they have made an error and no court would agree. That said, if they have made an error then they should arrange a collection and replacement.

Unsolicited items are only that if you have not made any order or contact etc with a company.

lincstash you and I would probably get on IRL Unfortunately I think I have probably pushed them as far as I can! But I don't think a goodwill gesture for the fact that because of their mistake I didn't have a present for my nephew on his birthday would go amiss