Argos Sent Me a PS3 - What to do?

playman

mpython wrote: »

Playman, please go back & read the thread, its not unsolicted goods as it was originally ordered by OP, though cancelled, if they use it, they obviously wanted it.

Original contract with argos was closed as the price was refunded. If they want to send something to you after that, then they are free to do so at their will.

And if it was a book that you "used" (read), does it mean you wanted it in a first place?

sharnad

I think that as you already ordered them but cancelled the unslolicted goods act does not apply

The nicest thing to do would be to phone them and tell them what happened and arrange to have it picked up at a time convient to you, if they dont pick them up then I think you are free to keep them but I couldnt find the law on this

You could give trading standards a call as they have probably dealt with this before

FloFlo

FGS, keep it for a few months, if they don't ask for it back then its yours.

chipsdog

I orderd two PS3s the first one that turned up from Play.com was the one my son opened and started using. The other one was from Tesco.com, I wasn't in when it was delivered as I was not going to accept delivery (not sure if I could do this or not) but the parcel was left and signed for by my neighbour. I rang Customer Services and asked could I return it to my shop, my shop has an annex for Tesco Direct oredering, cut a long story short I can't return it to the shop I have to post it back to them at my expense, I am really annoyed that the parcel was left with my neighbour (I don't even know their name) anything I can do other than post it back to them? Any ideas would be welcome

thanks

mpython

Playman, post#17 by Chall summarises very well the law relating to this case.

Chall wrote: »

The law of theft says that taking any of the owners right's is theft, in this case your possession of it is one of the owners, and therefore Argos' rights. You need to either phone them to inform them of their mistake and return it, or go into one of their stores, inform themof their mistake and return it. If you keep it without being charged they may prosecute for theft, if you inform Argos, they don't collect it, and you sell it, it is still theft. The definition of theft is interpreted in such a way that taking any of the owners rights can secure a conviction, in this case selling the PS3 would constitute this. You best bet is to either phone or go to a store as I said, but don't "keep it, and stay quiet" as one poster suggested, and I wouldn't recommend disposing of it either, it's the owners, i.e. Argos', decision what to do with it, not yours.
Chall.

My only small point of difference with this advice is how long you have a duty of care for the item (OP or their representative signed for it so accept duty of care).

FloFlo

chipsdog wrote: »

I orderd two PS3s the first one that turned up from Play.com was the one my son opened and started using. The other one was from Tesco.com, I wasn't in when it was delivered as I was not going to accept delivery (not sure if I could do this or not) but the parcel was left and signed for by my neighbour. I rang Customer Services and asked could I return it to my shop, my shop has an annex for Tesco Direct oredering, cut a long story short I can't return it to the shop I have to post it back to them at my expense, I am really annoyed that the parcel was left with my neighbour (I don't even know their name) anything I can do other than post it back to them? Any ideas would be welcome

thanks

If there is a Tesco extra near you it can be returned there.

playman

mpython wrote: »

Playman, post#17 by Chall summarises very well the law relating to this case.


My only small point of difference with this advice is how long you have a duty of care for the item (OP or their representative signed for it so accept duty of care).

See, a theft is an act of "taking" something without agreement, but in this case you are given something without agreement. And that is why unsolicited goods act applies.

Previous dealings with argos should not matter as both parties agreed to close the contract: author did not have to return anything (as it was pre-order) and argos refunded the price. Both parties have done their part to close the contract.

If later-on argos sends it - entirely their act of good will. If they do not ask for it within 6 months- its yours. Or, by law, if you tell them now and they do not pick it up within 30 days - its also yours.

So you have to gamble: either wait for 6 months and keep quet or tell them and hope they will take longer than 30 days.

agaveworm

punkrjb wrote: »

....i imagine there's a lot of people hoping for mega $$ with 10 x PS3 all on ebay crapping themselves right now...

I know; it's great - isn't it!!

ehosin

clarkeyi wrote: »

How can it be theft if their ordering system is probably controlled by a spotty 17yr old part time worker

I very much doubt that the dermatological condition of an Argos worker has any bearing upon his/her competency at controlling the ordering system; contrary to what you have implied in your post.

mpython

playman wrote: »

See, a theft is an act of "taking" something without agreement, but in this case you are given something without agreement. And that is why unsolicited goods act applies.

......

If later-on argos sends it - entirely their act of good will.

.........

So you have to gamble: either wait for 6 months and keep quet or tell them and hope they will take longer than 30 days.

1) I disagree, theft is not so narrowly defined, for instance, there's also theft by finding. Alterntively, suppose someone owed you £400 and put it in an envelope through your letterbox, except they get the wrong letterbox & your neighbour keeps it. Is that £400 unsolicited goods from your debtor?

2) Its reasonable to presume Argos haven't sent this as an act of goodwill, more likely a clerical error

3) No, you don't have to gamble, you should do the right thing. Let Argos know of their mistake, give them the opportunity to put it right, and if not, having advised them that you will, dispose of it.