2 items delivered - only ordered 1

somethingcorporate

It's oh so quiet....

Come on battleborn, something to support your accusations.

antrobus

OlliesDad wrote: »

Which part of law says you can destroy another party's property after 2 weeks?

Torts (Interference with Goods) Act 1977 - see s12 Bailee's power of sale.

What you're supposed to do is issue a notice that complies with Schedules I and II of that Act. No idea whether 2 weeks would be regarded as 'reasonable' mind you.

Toffee21

You can keep the goods.

The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for.

If you receive goods you have not ordered, you can treat the goods as an unconditional gift and you can do what you want with them.

You have no obligation to return the goods to the trader or allow the trader to collect the goods. However, it would be reasonable for you to contact the trader to explain what has happened and give them a chance to collect the goods from you.

If you receive a demand for payment for unsolicited goods or services, you can ignore it. If the trader does this, they may have committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You should report the matter to your trading standards department through Citizens Advice.

wealdroam

OP, you would be better advised to read this:
http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

The excess goods you have are not in law considered unsolicited goods, and Toffee21's advice will lead you to trouble.

Toffee21

You brought an item and it was delivered in accordance with the contract of sale, so contract for filled and matter closed.

You then received an additional item that you neither asked nor paid for, which by it's very definition is unsolicited.

Sell it on and keep the money or donate it to charity. They aren't going to waste their time pursuing this and even if they do, it is clearly unsolicited.

PS: Exercise great caution on the MSE forum. You'll have some regular members tell you that you're liable for the pot hole repairs on Tesco car park if you don't following their directional arrow or park outside a marked bay.

moyesforever

Toffee21 wrote: »

You brought an item and it was delivered in accordance with the contract of sale, so contract for filled and matter closed.

You then received an additional item that you neither asked nor paid for, which by it's very definition is unsolicited.

Sell it on and keep the money or donate it to charity. They aren't going to waste their time pursuing this and even if they do, it is clearly unsolicited.

PS: Exercise great caution on the MSE forum. You'll have some regular members tell you that you're liable for the pot hole repairs on Tesco car park if you don't following their directional arrow or park outside a marked bay.

The OP bought something the word is not brought. You started out being wrong and continue being wrong.

Toffee21

moyesforever wrote: »

The OP bought something the word is not brought. You started out being wrong and continue being wrong.

He brought an item and that item was delivered.

He then went on to receive an unsolicited item, and the fact that the unsolicited item happens to be the same or similar to an item he has previously purchased is irrelevant.

Please advise of the relevant case law which states the Consumer Protection (Distance Selling) Regulations don't apply if the customer receives goods he has not asked for, just because he has made an order in the past? I bet you can't. He asked for 1 item, therefore the 2nd item was not asked for and by definition, unsolicited.

SuperHan

I'm not sure... By definition:

“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.

I don't think you can argue this is without ANY prior request. There was a prior request for something, just not what was delivered.

The spirit of the unsolicited goods law is things cannot be delivered unsolicited and they payment requested. That's not the circumstance here, and as such destroying the goods as unsolicited would not be in the spirit of the law, so I'm personally not convinced it would stand up in court...

If it's damaged accidentally though (ie by the kids), I would imagine you have as strong case!!

wealdroam

The Unsolicited Goods and Services Act 1971 Section 6 gives us the definition of Unsolicited Goods:

“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.

A "prior request" was made for the goods in question.
The seller has, by mistake, fulfilled the order twice.

From the Citizens Advice website, that Toffee21 quoted from earlier:

Can you sell or get rid of the goods?

You have the right to sell or get rid of the goods, as long as you follow a set procedure, which includes trying to contact the trader first. Bear in mind that the owner has six years after leaving the goods with you to take legal action to recover them.

More about disposing of goods that have been left behind

wealdroam

Toffee21 wrote: »

...the fact that the unsolicited item happens to be the same or similar to an item he has previously purchased is irrelevant.

Clearly it is not irrelevant.

The only reason the OP received the second item is because they place an order and, by mistake, the seller sent the item twice.