Seller despatched items they cancelled - can I keep them?

nepo

I ordered items online and the seller accepted my order and took payment. I later received an email saying they cancelled my order and issue my refund, which they did. They messed up the price of the items. Now I am aware that they have despatched the items, which they cancelled.

The company make no reference in their terms and conditions about items being received by a customer after they have cancelled (whereas they do if cancelled by a customer).

Should I sign and receipt delivery of the items and if I do can I keep them or do I have to (legally) send them back?

Regards

unholyangel

I would say that while you can keep them, the company in question can also charge you for them.

Its only unsolicited goods you can keep without the company seeking money for them.

TonyMMM

If you don't have the goods yet - you should decline delivery, and let the courier company deal with it.

If you do have the goods, you have no right to keep them, BUT neither do you have to go to time/expense to send them back. You should notify the company that you have the goods, and invite them to arrange for them to be collected at a (reasonable) time to suit you e.g they shouldn't expect you to have to take time off work to wait in for a courier etc.

.... unless they are of a high value you may well find they won't bother.

Broadstone

I would say absolutely nothing and keep quiet. Let the company work out that they have made a mistake and chase you. You may find that their processes are so bad that nothing happens. A similar thing happened to me a few years ago and I got away with it.

If the company does chase you, you will then have 2 options. Either pay for the goods or get them to pay your expenses to return them.

fluffnutter

unholyangel wrote: »

I would say that while you can keep them, the company in question can also charge you for them.

Its only unsolicited goods you can keep without the company seeking money for them.

I think unholy's first comment is sound, but I would like to comment on the second. Unsolicited goods can't immediately be kept; I think it's only after 30 days that you can claim them as your own (for free). Until then, you have to keep them safe and available for the company to take them back if they wish (at their own expense and effort of course).

unholyangel

fluffnutter wrote: »

I think unholy's first comment is sound, but I would like to comment on the second. Unsolicited goods can't immediately be kept; I think it's only after 30 days that you can claim them as your own (for free). Until then, you have to keep them safe and available for the company to take them back if they wish (at their own expense and effort of course).

That was for unsolicited goods which the company have said they will pick up and havent, in other cases of unsolicited goods i believe it is 6 months and the receiving party must take reasonable care of the goods and not dispose of them. So pretty much what you said apart from the 30 days thing

However just to stress that in the OP's case, the goods are not unsolicited and cannot be treated as such. The company would have up to 6 years (AFAIK anyway) in order to chase payment.

mobile48

unholyangel wrote: »

However just to stress that in the OP's case, the goods are not unsolicited and cannot be treated as such. The company would have up to 6 years (AFAIK anyway) in order to chase payment.

Can someone explain to me why the goods should not be treated the same as unsolicited? The contract between the buyer and seller was cancelled by the buyer - I would assume this was the end of the matter.

I guess a similar example would be if there was a longer than expected delay in delivery and a seller cancelled a order and gets their money back. Later the goods turn up. Is this the same legal position?

unholyangel

mobile48 wrote: »

Can someone explain to me why the goods should not be treated the same as unsolicited? The contract between the buyer and seller was cancelled by the buyer - I would assume this was the end of the matter.

I guess a similar example would be if there was a longer than expected delay in delivery and a seller cancelled a order and gets their money back. Later the goods turn up. Is this the same legal position?

Goods are only unsolicited if there has never been a request made by the receiver - or someone on their behalf - for the said goods.

In this case the goods HAVE been requested but clearly sent out in error. So not unsolicited.

fluffnutter

unholyangel wrote: »

... i believe it is 6 months and the receiving party must take reasonable care of the goods and not dispose of them. So pretty much what you said apart from the 30 days thing

I wasn't too sure on the timing tbh. Six months, huh? I'd have lost whatever it was by then!

unholyangel

fluffnutter wrote: »

I wasn't too sure on the timing tbh. Six months, huh? I'd have lost whatever it was by then!

LMAO same. Hence why you're better contacting them asking them to collect. If they agree and dont show up, you only have a month to wait!