Received more than I ordered

Magicshab

Hi all.
Basically my problem is this.

I recently ordered one video game from an online website. I received the good on time, however instead of just the one copy of the game, I got three, exactly the same.
I obviously checked my order and Paypal email, and they both stated I only ordered one copy.

Am I under obligation to return the other two items, or can I keep them as the site's mistake?

T.I.A

sjbrun

What did the website say to do when you e-mailed them to let them know that they sent more than they should have?

NCISROCKS

If you had been accidently charged for three and got one would you be happy? Contact them and let them know what's happened and offer to return them at their expense is the way to go I think.

Magicshab

sjbrun wrote: »

What did the website say to do when you e-mailed them to let them know that they sent more than they should have?

Nothing, as I haven't emailed them. What I'm trying to work out, is if I have to do anything. Am I under any jurisdiction to do so?

NCISROCKS wrote: »

If you had been accidently charged for three and got one would you be happy? Contact them and let them know what's happened and offer to return them at their expense is the way to go I think.

That is true. However I would also like free games
This has happened with a television before and I just wonder what I have to do.

sjbrun

How would you feel if you ran an online business and you accidently got two orders mixed up and lost 80 quid because of the mistake. It might be 80 pounds the business cannot loose. Morrally you should contact them. Legally the goods aren't yours as you didn't buy them.

The shop will probably offer a guesture of goodwill like a gift voucher or something as a thank you and it will give you the warm feeling knowing you have done the right thing

tomwakefield

Magicshab wrote: »

Nothing, as I haven't emailed them. What I'm trying to work out, is if I have to do anything. Am I under any jurisdiction to do so?

Theft Act 1968

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

http://www.legislation.gov.uk/ukpga/1968/60/section/1

Magicshab

sjbrun wrote: »

Legally the goods aren't yours as you didn't buy them.

See, this is the bit I'm after. What do I legally have to do. I'm aware that I should do the right thing. And I'm not ruling that possibility out, however I'm just trying to find out what are my legal responsibilities.

Whether or not this is relevant, one the video games was sent to me from Hong Kong, and on the customs declaration it was marked as gift. Does that mean this is now a gift to me therefore they can't take it back? Or is that purely a customs issue/category...thing.


"Quote:
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"

It being addressed to me, makes it mine does it not?
Considering all the video games were addressed to me exactly and at my address, does it not change anything?

tomwakefield

Magicshab wrote: »

See, this is the bit I'm after. What do I legally have to do. I'm aware that I should do the right thing. And I'm not ruling that possibility out, however I'm just trying to find out what are my legal responsibilities.

Legally, you have to give them the opportunity to collect it, at their expense.

Magicshab wrote: »

Whether or not this is relevant, one the video games was sent to me from Hong Kong, and on the customs declaration it was marked as gift. Does that mean this is now a gift to me therefore they can't take it back? Or is that purely a customs issue/category...thing.

Marking it as gift affects customs charges. A business should not be using this to ship goods to customers.

2.5 Gifts
Goods sent as a gift that are over £40 in value are liable to import VAT. Customs duty also becomes payable if the value of the goods is over £135 but is waived if the amount of duty calculated is less than £9.

To qualify as a gift:

the customs declaration must be completed correctly
the gift must be sent from a private person outside the EU to a private person(s) in this country
there is no commercial or trade element and the gift has not been paid for either directly or indirectly
the gift is of an occasional nature only, for example, for a birthday or anniversary

http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageTravel_ShowContent&id=HMCE_CL_000014&propertyType=document#P39_4510

sjbrun

No - They marked it as a gift to avoid you paying customs fees which was a little naughty of them.

Magicshab

tomwakefield wrote: »

Legally, you have to give them the opportunity to collect it, at their expense.

Fine, I know this may be a stupid question, but do I have to actively tell them I've been sent more than I ordered, or should I wait for them to realise this.
Also how long is "opportunity"?


Right so the gift thing was a custom fee avoidance. That means if they ask for it back, problems may ensure for them?
Oh and does it now carry the rights of a "gift"?
Sorry if it's already been answered.

tomwakefield

Magicshab wrote: »

Fine, I know this may be a stupid question, but do I have to actively tell them I've been sent more than I ordered, or should I wait for them to realise this.
Also how long is "opportunity"?

Email them.

Magicshab wrote: »

Also how long is "opportunity"?

No defined time that I'm aware of.

Magicshab wrote: »

Right so the gift thing was a custom fee avoidance. That means if they ask for it back, problems may ensure for them?

If you send it back, you don't have to label it as 'gift' just because they did when they sent it to you.

Magicshab wrote: »

Oh and does it now carry the rights of a "gift"?
Sorry if it's already been answered.

No.