Received incorrect goods from seller - do I have to return/exchange?

jm2k

Ok.
I purchased an item from a seller online.
The item arrived but it was the wrong item, but possibly better model and use than the original item I purchased.

the seller has contacted me to say they will arrange a collection at their expense - however -
As it is possibly better for me than the original ordered item, do I have to accept and send it back for the original item or can i keep this for our own use?
Both items were brand new and cost virtually the same price.

I know its an ethical and moral debate rather than a financial benefit.

Where do i legally stand on this matter?

shaun_from_Africa

Legally, the seller does have the right to get the item back and exchange it for the correct one.

Why not contact them again and mention that as the 2 items are just about the same price, it might save them money if they were to just let you keep what what was delivered.

ThumbRemote

If sending back, make sure they arrange collection (so the risk is on their part not yours) and get proof of sending/collection.

jm2k

They said no
Such a shame but worth asking as we wouldnt have wanted any money back or different from the seller.

wasnt sure what the legal implications were as we were not trying to have 2 for 1 price or keep without paying and a situation we had not experienced before now.

thanks all