Receiving unordered goods

[DiscoStu]

I recently bought an expensive piece of hifi gear online, but when the courier came with my goods, the order had been duplicated. I only ordered one item, the supplier only charged my credit card for one item, but somehow it got processed twice and I received two identical items. Am I legally allowed to regard the 2nd item as a 'gift'? I know in certain circumstances you can, but is this one of those circumstances? Anyone know of any sites which would clarify this matter?

[Oneeyedvic]

try here: http://www.theanswerbank.co.uk/Shopping/Question147144.html

The essence is, if they ask for it back, I would suggest that ytou should return it. If they don't, then keep it.

[WoWo]

Personally I'd return it. Do you need 2 of them ? I'd say not and therefore I'd assume that you would sell or give the other one to somebody else.

I'm not sure of the exact legal position but given you know it's a mistake and there is no evidence of it being a gift you would be legally obliged to return it especially if they ask for it back.

Personally I'd say tell them but make sure they pay (upfront) for any postage costs you incure.

[WoWo]

I'm not somebody with high morals myself and I wouldn't blame you at all if you kept it (I'd be tempted). But what I would say is consider the reverse situation.... They sent you 1 of the items but charged your credit card twice, lets say hyperthectially because you pressed the order button twice.

If you didn't notice this but then found out some months later that they knew they had done this and not bothered to either contact you or rectify the error would you be happy about it.

[Trotbot]

I read the linked thread, and have seen threads before on banks depositing sums by mistake. My understanding based on AB rather than personal experience is that you are legally obliged to tell a bank they made a mistake. I assume the laws of different, but is the legal principle also different? Is there an obligation to tell the company and give them a chance to sort it out? Just curious....

[WendyS]

Obviously you have a duty only to accept the legitimate item you ordered. But if the duplicate was a bulky item which would be inconvenient and expensive for you to post back to them I don't think it's unreasonable to ask them to send a courier to come and collect it, preferably on a Saturday if you normally work during the week.

[Clanad]

Keep in mind, that if you keep the duplicate, you're always going to be "looking over your shoulder" and dreading that phone call demanding that you pay for it. Better to do the right thing up front and sleep more soundly... send it back at their cost and be done with it...

[stoo_pid]

According to this site you can keep it.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/problems_with_goods.htm#distance_selling

Scroll down to the bit that says you have the right:

to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them.

[Oneeyedvic]

Stoo_pid - there is a big difference between sending unsolicited goods and demanding payment and the situation described above.

I think you know that the honest thing to do is send it back - personally speaking, i would keep the goods unless they realised their mistake and asked for it back. But then that is the sort of person that I am!

[Segilla]

In law, I believe you are a gratuitous bailee, that is looking after the extra item of someone else's property for free. If they fsil to pick it up / pay for it to be returned, you are entitled to dispose of it as you wish, but over what timescale I cannot now recall.