Help please - is this mine to keep?

gemmap27

Not sure if I have posted this in the right place ....
I recently had a free upgrade mobile phone sent to me by courier, at my mums address. She called me and told me it was there. Where I got she had 2 parcels. They were both addressed to me. I opened them and they had one new mobile phone in each. Both parcels had paperwork that said "no charge free upgrade" on them. Both had my account number on but different order numbers. Whoever had put my order on had obviously duplicated it. She only signed one signature.
I only ordered one phone. Which I set up with my new sim card etc.. and had to call the mobile phone company to do this, no mention of the additonal phone.
Am I allowed to keep this phone? I know most people will think this is more of a moral issue, but just wondered where I stand legally
Is the additional phone classed as unsolicited goods?
I asked for one upgrade phone.
The box is still security sealed so if I do have to send it back I can.

Enterprise_1701C

Welcome to the site.

This depends on your conscience. I may be wrong, but I would think of this as unsolicited goods, but you have to wait six months before you can consider it to be yours. Don't forget that your mum may have signed for two parcels with one signature.

You may want to contact them and tell them what has happened - in which case they will either ask you to send it back (they should send you a postage paid label or send a courier for it - should not be at your expense), or they could just turn around and say keep it.

In this case I personally would contact them and tell them what has happened. You may even get a no-conscience reward for your honesty.

Chances are you will need to return it and will get nothing out of it whatsoever, apart from knowing you did the right thing!

Bongedone

I had two items sent once and called them. They said they would send a returns bag. It never came and I sold the item.

valk_scot

I would just tell them. If they want it back what have you lost? After all if you lose or damage the other one they'll probably replace it or upgrade it anyway.

carlw

Legally you have no obligation to do anything, if they want it back they should contact you. Its not your responsibility to run round for them. If they realise their mistake they can make the choice. If you call them they will almost certainly ask you to return it. I would sit on it for a month and then do with it as you wish. I have done this before when i ordered a Wii fit and 2 were delivered to work. Nothing ever came of it and this was 8 months ago. If their systems are not fail safe then these costly mistakes will bring the problems to light.

You were right though it is a moral issue. I would not lose any sleep or see it as dishonest by doing nothing. Others obviously do from the previous responses. I would see it as a stroke of good fortune.

yeehaa-niha

I agree with carlw, and personally i wouldn't call them. a friend of mine had 2 apple laptops sent to her instead of one, and its been months and nobody has contacted her. I wouldnt lose any sleep over it either.

dazzer68

i would just put it away for a couple of months, see what happens. if nothing by say new year id keep it.

gemmap27

Thanks for you advice... I think I am just gonna leave it and see what happens! Give it a few months.

jenniewb

Happens all the time- to everyone but me! lol!
My mum had delivered tow hoovers from argos
My sister had delivered two orders from Boots,
One girl I overheard on a bus had delivered a free ipod with an order from amazon- she had asked for a charger, they sent an ipod as well- by mistake!

I would imagine the high charges you pay are there to cover human errors like this, unless you are highly tied up with karma, I would assume you have paid for it!

Craigoldfield

yeehaa-niha wrote: »

I agree with carlw, and personally i wouldn't call them. a friend of mine had 2 apple laptops sent to her instead of one, and its been months and nobody has contacted her. I wouldnt lose any sleep over it either.

I am concerned here that retaining these goods could be classed as theft. They are not unsolicited as somebody has claimed, they are duplicate deliveries sent in error so a quick call to the company concerned to get collection or coverage of postage should keep all above board because if the company uncovers the error, where do you stand? I once got a duplicate delivery of a DVD, e-mailed the supplier who just said to keep it. I know we are all here to save money but let's keep our morals intact.

ThinkingOfLinking

Wow, lucky!!

I'd say keep it for 6 months without doing anything to it, and then after that sell it/use it/give it to a friend.

It's the supplier's error, not yours, and if they don't care enough to notice or to process the initial order properly, it's hardly your fault.