do i have to return a duplicated oredr?

tearingmyhairout_3

i placed an online order for some vitamins which duly arrived a few days later. howvever, since then I have received 2 further duplicate orders. i've only been charged for the 1st oredr and not for the duplicate orders.

can i keep them?

TonyMMM

No you can't just keep them - you should contact the company, tell them about the extra deliveries and invite them to arrange for the goods to be collected (at your convenience) .... if you are lucky you may find they decide it isn't worth the cost and tell you to keep them anyway.

dmg24

Yes, you can keep them. I am sure that the retailer will be very happy to process your payment for the items in your possession.

whatmichaelsays

As Tony has said, it is usually in your delivery T&Cs that you have to inform them if you receive a duplicate order.

Below a certain value, they will usually just tell you to keep them. Otherwise, it is up to them to arrange collection.

dmg24

whatmichaelsays wrote: »

As Tony has said, it is usually in your delivery T&Cs that you have to inform them if you receive a duplicate order.

Below a certain value, they will usually just tell you to keep them. Otherwise, it is up to them to arrange collection.

Can you show an example of this clause please?

Zippy123

Actually the goods are not yours to keep. You are obliged to keep them safe and allow the sender to collect them at a time suitable to you at their expense.

As others have suggested, the supplier may let you keep them but get in writing.

I think that the Unsolicited Goods Act 1971 may be relevant but I am no expert and the goods were sent in error as opposed to a deliberate attempt to get you to buy more goods.

See http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1971/cukpga_19710030_en_1

Blacksheep1979

Yes, the unsolicited goods act is relevant as the op had solicited goods related to the duplicate deliveries then the goods aren't unsolicited.

bingo_bango

Actually, this has all been overtaken (to an extent) by The Consumer Protection from Unfair Trading Regulations 2008. Schedule 1 S.29 states:

29. Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer, except where the product is a substitute supplied in accordance with regulation 19(7) of the Consumer Protection (Distance Selling) Regulations 2000 (inertia selling)(11).

This means that unless the item is a subsitute for one that you have ordered (sent Tesco beans for Heinz that are out of stock, for example), then the trader commits a criminal offence if they attempt to seek payment for that item. This is a strict liability offence, so there is no due diligence defence, and unlikely any trader will argue with a consumer in such circumstances.

The offence is under S12 of the above Regs. Should you recive ANY request for payment, then you should report it to your local Trading Standards.

As to whether or not you can keep them, then yes, you can. You are under no obligation to the trader, and they cannot argue that any term in their T's & C's isn't unfair if it goes against the statutes above. You ordered one item, not three. If they have sent you some by mistake, then that's tough for them.

Ignore the self imposed guardians of morality on here, they obviously don't get out much.

xocbc

Given the scams that are going about at the moment, make very sure that it isn't a proper delivery and they are charging you for them

negg

...then the trader commits a criminal offence if they attempt to seek payment for that item.

Correct that they cannot seek (demand) payment, but the extra goods remain property of the company and they can demand that they are returned (at the expense of the company, of course!).

Lots of companies will tell you just to keep them anyway but as a company it is nice to be told so the same error isn't happening time and time again - it can save a company thousands, it can save people's jobs. It also helps to know for stock control!

bingo_bango

negg wrote: »

Correct that they cannot seek (demand) payment, but the extra goods remain property of the company and they can demand that they are returned (at the expense of the company, of course!).

Lots of companies will tell you just to keep them anyway but as a company it is nice to be told so the same error isn't happening time and time again - it can save a company thousands, it can save people's jobs. It also helps to know for stock control!

In relation to your first paragraph, please quote the relevant section of the legislation and any supporting case law you can provide. Random statements do not dispel myths or help the users of the forum.

I totally agree with your second paragraph however.