Ordered one iPhone, received TWO! (Can I keep it?!)

matilda.cs

gabbyevs wrote: »

keep it for now but if they ever ask forit back you can give it back

did it say on the order you signed for that there were 2 in the package?

There's an update... I've contacted them and they have actually set up two contracts and taken two payments... They're checking my order to make sure its a mistake at their end.

Then, I'll suggest that they can either collect it in the evening when I'm at home, or they can keep my initial outlay for the phone, and I'll keep the phone. I aint going out of my way for it... There is no incentive for me to do so, and the mistake was theirs...

#zerotolerance

robbies_gal

ah in that case they'll want it back then theyre not going to let you keep it if u dont pay for 2 contracts

matilda.cs

gabbyevs wrote: »

ah in that case they'll want it back then theyre not going to let you keep it if u dont pay for 2 contracts

Worth a try though...

NFH

You ask about the legal position as opposed to the moral position. The relevant legislation is Section 24 of the Consumer Protection (Distance Selling) Regulations 2000, which states:

24.—(1) Paragraphs (2) and (3) apply if—
(a)unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them;
(b) the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and
(c) the recipient has neither agreed to acquire nor agreed to return them.
(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.
(3) The rights of the sender to the goods are extinguished.

The crucial question here is whether the duplicate goods were sent to you with a view to you acquiring them. Although not specifically stated, this legislation is intented to tackle deliberately sent unsolicited goods for which the sender later invoices the recipient.

gjchester

matilda.cs wrote: »

There's an update... I've contacted them and they have actually set up two contracts and taken two payments... They're checking my order to make sure its a mistake at their end.

Then, I'll suggest that they can either collect it in the evening when I'm at home, or they can keep my initial outlay for the phone, and I'll keep the phone. I aint going out of my way for it... There is no incentive for me to do so, and the mistake was theirs...

Your right their mistake they need to fix it. It's not likely to be considered unsolicited as it's a duplicate of an order you placed order of and no-one is likely to think there was a buy one get one free.

However being stubbon about it won't help, now they've notified you its an error and they want it back you do have a duty to assist in it's return. Ask them for a pre-paid bag and post it at your convenince, say the next weekend, however make sure you get a proof of posting.

It also need to be returned as new, don't be tempted to take it out and use it, that could be seen as accepting the contract or by using the phone you may need to pay the difference betwene new and used prices.

At the end of the day it still belongs to to company, keeping it would probably be classed as theft especially as you've now been told it's a mistake. Remember they have all your details, probably your bank account and maybe a credit card on file to place the order.

gjchester

NFH wrote: »

You ask about the legal position as opposed to the moral position. The relevant legislation is Section 24 of the Consumer Protection (Distance Selling) Regulations 2000, which states:

24.—(1) Paragraphs (2) and (3) apply if—
(a)unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them;
(b) the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and
(c) the recipient has neither agreed to acquire nor agreed to return them.
(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.
(3) The rights of the sender to the goods are extinguished.

The crucial question here is whether the duplicate goods were sent to you with a view to you acquiring them. Although not specifically stated, this legislation is intented to tackle deliberately sent unsolicited goods for which the sender later invoices the recipient.

I'm not sure that applies here

It's a duplicate of a recently placed order, Buy one get one Free is not really believeable on an expensive item like an Iphone and the OP has said they have been told it was a mistake.

Hard to see how that can now be classed as unsolicited rather than a mistake.

NFH

gjchester wrote: »

Hard to see how that can now be classed as unsolicited rather than a mistake.

The law doesn't use the term "unsolicited" but "with a view to his acquiring them" (highlighted above). That is the phrase one should focus on.

gjchester

NFH wrote: »

The law doesn't use the term "unsolicited" but "with a view to his acquiring them" (highlighted above). That is the phrase one should focus on.

True, but as the OP has been notified it's a mistake, so I can't see how any of that can apply now.

The unsolicited goods rules are to stop someone sending goods and then demanding money regardless of if you ordered it. They are not to let you keep an item sent in error, especially as it's a duplicate of an existing order.

latecomer

Return it at your convenience but as above get proof of posting. As you have been honest abuot it you could ask for a small token of their appreciation

matilda.cs

Well, this is turning into a right ball ache....

The nazis have actually set up two contracts... The network provider wont cancel the one Im NOT using because I am using the phone that is linked to the contract. ..They wont accept the phone I have boxed and unopened instead.

They want me to stop using the iphone I've used for 2 weeks, and to start using the iphone that is sealed.

They then need me to port my number to a third party network, just to port it back to the correct phone/sim.

They cant get it into their little minds that I aint going out of my way to post it back to them, at time and cost to myself. Coupled with the extra contract they set up, an dmoney they took from my account in error... Im pretty p1553d off.

Cheapest iphone provider... maybe.
Awkward, useless numpties... Definitely.