Virgin Wines - ordered one case, got two, now email received

Mat_s

Hi all,

Newbie here, long time watcher.

Some of you may have got the same deal - I signed up for a groupon deal Virgin Wines where by I ordered one 6 bottle case and topped up with another 6 bottle case on Nov 17th. As expected a few days later I receive 12 bottles. The following day I receive another 12 bottles. "this never happens to me. That's a lot of Christmas presents sorted! :j". But today I receive an email saying they are aware of the mistake they made, please contact them to either pay for the additional case (which is £15 more than what I originally paid) or phone to arrange a collection.

Now am I obliged to contact them or even pay for the extra 12 bottles they delivered?

Angel on one side thinks, yes it was a mistake fair enough. Devil on another shoulder, you wouldn't think a big company like Virgin would bother for the £20-30 cost price, their loss, my gain.

The only relevant bit in T&C's say "You consent to us holding and using your credit card or other card details under this section for the purpose of obtaining payment for each case of wine whilst you are on the Plan."

"The sale of the goods takes place only when the wine is despatched from our warehouse. Until that time, no charge will be made to your credit card and Virgin Wines will not be bound to supply the goods at the price."

or the full T&C's if anyone is interested at virginwines . com - part of the discovery club is section 12.

What do you think?

Thanks in advance!

halibut2209

You don't HAVE to contact them, but it could turn out nasty for you if you don't. Worst case scenario, they will either take it out of the card details they hold or sue you.

They are NOT unsolicited goods. They are merely sent in error. If you want them collected, you should arrange a time suitable for YOU for this to happen.

tomwakefield

They're not yours.

The Theft Act 1968 states

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

read into that what you will

halibut2209

Bit extreme. The police wouldn't touch it with a bargepole. They would say seeing as the goods were sent in error, it is a civil issue. And I believe they'd be right

tomwakefield

halibut2209 wrote: »

Bit extreme. The police wouldn't touch it with a bargepole. They would say seeing as the goods were sent in error, it is a civil issue. And I believe they'd be right

They probably wouldn't touch it, because of the value, but it doesn't mean it doesn't apply.

mountainofdebt

Am rapidly getting fed up of these sort of postings. :mad:

Since when has MSE been a site for people to find loopholes when both legally and morally they know the answer to the situation.

Moneysaving is one thing but this is a totally different thing altogether.

arcon5

tomwakefield wrote: »

They're not yours.

The Theft Act 1968 states

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

read into that what you will

this quote is not relevant to op, op did not 'dishonestly appropriate' the goods. Virgin sent them to op by mistake, of their own back, not at ops request or via any other dishonest means.

If you don't return them op, keep a close eye on your card statement as no doubt they will charge you.

I wonder how you would feel if it was you on the loosing end! Get a grip and return them!!

bod1467

arcon5 wrote: »

I wonder how you would feel if it was you on the loosing end! Get a grip and advise them of when is suitable for them to collect them from you!!

Fixed that for you.

dshart

You could always phone them and ask could you buy them at a slightly lower price as it will save them money collecting them.

I had a case a few years ago where I ordered several cases of wine not long before christmas, I was out when they got delivered and my Mum who was staying at the time took delivery. A few days later after I had unpacked the cartons whilst removing the address labels before throwing them away I noted that one case had been wrongly delivered. I phone them up and they were happy to pick them up if I wanted but when I suggested I keep them for a slight discount they readily agreed. It ended up a nice solution, I got a case at a reduced price and the company knew that the other person was missing a case so they could correct the error of their delivery company.

tomwakefield

arcon5 wrote: »

this quote is not relevant to op, op did not 'dishonestly appropriate' the goods. Virgin sent them to op by mistake, of their own back, not at ops request or via any other dishonest means.

"Dishonestly"

A person’s appropriation of property belonging to another is not to be regarded as dishonest—

(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or

He knows he doesn't have the right to it.

(b)if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or

He knows he doesn't have the consent of the true owner

(c)(except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

He knows who it belongs to.

So "dishonestly" seems pretty appropriate.

"Appropriates"

Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

If the OP keeps the goods they are assuming ownership

Ergo, according to the legislation they have "dishonestly appropriated" the goods, even though they didn't actively take them from the true owner.

Poppy9

I would email them saying they can collect them after 5.30pm and offer 3 dates which is more than most companies offer when you are awaiting delivery!