Goods arrived after refund

surfgal

I bought some perfume online and after a very long wait I was told they had lost the item. As the perfume was a gift I had to buy something else and wait for my refund, which duly arrived. The perfume then arrived and I gave it as an extra "bonus" present, now the company want their money which I had assumed they would have claimed on their insurance for.
Obviously I can't send it back and I know I should pay for something I have received, but I feel cheated because I effectively spent twice the amount I intended on a gift. Do I have any moral or legal right to keep the perfume without paying for it, or should I just put it down to experience?

unholyangel

Technically the right thing wouldve been to either refuse delivery or contact them (if it wasnt possible to refuse) asking that they arrange collection. You had a duty to take reasonable care of the goods, which you have failed to do so by giving it to someone else.

Sorry but I'm of the inclination you're liable.

Not sure whether they'd be able to charge the full amount or just direct cost though.

arcon5

surfgal wrote: »

I bought some perfume online and after a very long wait I was told they had lost the item. As the perfume was a gift I had to buy something else and wait for my refund, which duly arrived. The perfume then arrived and I gave it as an extra "bonus" present, now the company want their money which I had assumed they would have claimed on their insurance for.
Obviously I can't send it back and I know I should pay for something I have received, but I feel cheated because I effectively spent twice the amount I intended on a gift. Do I have any moral or legal right to keep the perfume without paying for it, or should I just put it down to experience?

Well the perfume is not yours (since you cancelled the order and received a refund), but you chose to keep it and give it as a gift. Where do you think you stand legally?

If you spent twice the amount of wanted to spend on a gift for your friend, how is that their fault? you didn't have to give your friend a second gift..

oh my..

somethingcorporate

You gave away something you didn't own. You should pay for it.

Bongedone

I've a feeling this is a troll post

arcon5

Bongedone wrote: »

I've a feeling this is a troll post

It's hard to tell with all the dim witted consumers out there these days .

I sold an item on ebay last Friday, it stated 6-8 working day delivery, come Monday an 'item not described' claim open demanding a 'refund within 24hrs otherwise I will report you to the police', then on Tuesday a crime reference number is emailed to me (I doubt it's genuine though) :eek:.

shaun_from_Africa

I would be tempted to e-mail your buyer asking for the name of the police officer that issued the crime number.

Tell them that you have been into your local police station to obtain further details of the report and they told you that the number wasn't recognised and they want to investigate it further just in case there has been a problem with the police national computer.

arcon5

shaun_from_Africa wrote: »

I would be tempted to e-mail your buyer asking for the name of the police officer that issued the crime number.

Tell them that you have been into your local police station to obtain further details of the report and they told you that the number wasn't recognised and they want to investigate it further just in case there has been a problem with the police national computer.

Usually I would play along and see where it goes but as the item hadn't been dispatched and not being in the mood to deal with such nonsense I just refunded. I still don't know exactly what they supposedly reported me for..?!


ebays a nightmare for idiots.