Rights/Responsibilites when wrong item sent

Gaming_Girl

Hello all! I'm looking for some guidance here as I'm about blind looking through websites!

So, I ordered a gaming console via the internet and it arrived today however the company had sent me the wrong console. One that is higher in value than the one I ordered.

I've been trying to work out what my rights/responsiblities are in relation to whether I can keep this item and what the consequences would be if I fail to return it.

Does anyone know what legislation would cover this? I've looked under distance selling regulations and the directgov website etc but no where says I am duty bound to send this back. Any help would be greatly appreciated!

lateandlive

Can you be a bit more specific when you say 'one higher in value'? Are you meaning you ordered (for example) an X Box and were sent a special edition rather than the standard option, or do you mean a totally different and significantly higher value item?

Reason being that if it's the first scenario, it may just be that they didn't have any standard spec consoles in stock and so substituted your order - possibly with that written into the T's and C's on their website. If it's the latter than it's a different matter.

somethingcorporate

They can ask for it back - but if you think about it it would hardly be worth it since you would be sending back a second-hand, higher spec console.

I agree with the above poster - can you be more specific. If you ordered a DS and ended up with a PS3 it is very different than if you ordered a 120gb version of PS3 and ended up with a 240gb version (for instance).

I wouldn't also expect some people to be able to easily differentiate between my second example but could very easily with the first.

Gaming_Girl

Yes. I ordered a Wii and was sent a 250gb Xbox 360. So there is a significant difference and would not have been a substitution. Someone on their end sent completely the wrong item.

unholyangel

Goods sent in error remain property of the sender

bod1467

Correct.

Inform them of their error, and ask them to send you the correct item and collect the incorrect one. (You should not be inconvenienced, neither financially or time-wise, for their error).

Gaming_Girl

Does anyone know what legislation covers this? Like I say, everything I was reading today made no explicit mention of this at all (and seemed to suggest that once the goods were with me, they were mine). I'm not trying to be sneaky, but it does seem to be a minefield of vague information (even on direct gov) and I'm sure others would like this cleared up.

bod1467

Be careful - your posts are starting to sound like "wriggle wriggle I want to keep it but not pay any extra". This tends not to go down too well around here.

Please - just follow the advice. The company may even just say "keep it instead if you want" as it's more cost and hassle to put the order right, and if they do then you know you're legally and morally clear.

Gaming_Girl

bod1467 wrote: »

Be careful - your posts are starting to sound like "wriggle wriggle I want to keep it but not pay any extra". This tends not to go down too well around here.

Please - just follow the advice. The company may even just say "keep it instead if you want" as it's more cost and hassle to put the order right, and if they do then you know you're legally and morally clear.

I don't mean for it to sound that way. And if I was the kind of person to do that, I wouldn't be looking into it in the first place. But there seems to be so little information on this (all websites focusing on consumer rights, but not their responsibilities in return) and there must be a firm legal answer to be found somewhere. If there is, it could probably be quite useful for inclusion on the main website. Clarity is never a bad thing.

texranger

it will most likely a simple human error, contact them and have them put this right, as stated it sounds like you are trying to wriggle out of contacting them to correct this.

unholyangel

Gaming_Girl wrote: »

Does anyone know what legislation covers this? Like I say, everything I was reading today made no explicit mention of this at all (and seemed to suggest that once the goods were with me, they were mine). I'm not trying to be sneaky, but it does seem to be a minefield of vague information (even on direct gov) and I'm sure others would like this cleared up.

Then the information you have been reading is either incorrect or you have misunderstood it by thinking that they are unsolicited goods, which they arent.

From the unsolicited goods act:

“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.


Since you have made a request, they are not unsolicited and as I said above, goods sent in error remain the property of the sender and they have 6 years in which to chase you for the loss incurred. If you wish to gain title of the goods, you have to follow a quite rigid process. And even then they still have 6 years.

So best to bite the bullet and inform them of their mistake. Perhaps asking for a discount off your own order for the inconvenience caused.