Item bought, received and now wanting return?

mark_dumpleton

Chippy_Minton wrote: »

Yes under ebay rules I agree with you. However I was talking about a point in law. If the seller has made a genuine mistake and sent the wrong item then the OP could have a duty to return it and as we all know forums are not the place to seek legal advice.

What law's this? I dont want to break the law!

My point is, if they realised they sold it too cheap, they could just have spent today looking for any old tat to swap it for?

soolin

Chippy_Minton wrote: »

Yes under ebay rules I agree with you. However I was talking about a point in law. If the seller has made a genuine mistake and sent the wrong item then the OP could have a duty to return it and as we all know forums are not the place to seek legal advice.

Which is why no one here is giving legal advice. My response concerned what would happen if he had used paypal and got an inferior item.

As far as can be ascertained the buyer has what they paid for it would seem nonsense if any company could deliver something intentionally, there is no mistaken deliveries here or wrong address, and then later demand it back.

uktyler

Tell them that in order to be at home to swap it over you need to take a day off work, and you will bill them £60 for it.

soolin

Actually isn't this awfully similar to a thread I read recently on another board..I can't find anything on a search as it was ages ago and I can't remember the shop or the title of the thread.

In that scenario the poster had bought a TV and had saved £30 as it had been on display. The TV was taken out the back to be boxed while he paid and then it was loaded into his car. Due to all the licensing nonsense the OP had to leave full address details.

A few days later the shop contacted him to ask for more money as a junior member of staff had mistakenly given him a new set, not the ex display one he had bought. The story continues that the OP offered to return it and have the one he was expecting but shop were fighting for the full £30 instead on the basis that he had used the one they gave him so it was no longer new.

Have no idea what happened next but I recall someone saying something about intention and whether the OP intentionally used goods that were not his or whether it was an honest mistake. It was also suggested that the contract occured once the OP had accepted the goods offered to him, so nothing more could be done by the shop as they had 'offered' the goods by loading them into his car.

That is probably getting into legal matters which would not be appropriate for this board, but it did get me thinking about the whole thing and what is reasonable.

mark_dumpleton

Cheers, sent an email informing will refuse delivery if the driver comes on Tuesday and i'm home, told them (which is true!) that it is now used. No reply as at yet, will see what materialises!
Agree that I think it's more about the fact that it went for so little - think the person got told off for letting it go so cheap and now they were trying to recoup some money!