Cancelled mobile order but still received free gift

m33ddy1

Hi there, new to this site and looking for some advice.

I recently ordered a mobile phone upgrade through an online retailer that would come with a free gift. The gift was to be dispatched after 7 days of the mobile arriving from a 3rd party supplier.

Upon receiving the mobile, it was not upto standard as it appeared to be a refurbished phone and not a new handset as advertised. Also my network had no knowledge of the upgrade and said that the sim the retailer had sent me was in fact a disconnected sim!

So I cancelled the order, returned the handset and faulty sim within the 7 day period.

That was 11 days ago. Today an unexpected parcel arrived from the 3rd party and low and behold its the free gift! I contacted the retailer using their online webchat facility (so I could have a copy of the conversation for fallback), I did not let on that the gift had arrived and instead asked for confirmation that the contract was cancelled which they confirmed. I then asked if the free gift was likely to still arrive and have to be returned or was it cancelled. The operator replied that "this has also been cancelled along with the order therefore you will not be receiving this item"!

Where do I stand with this? Am I entitled to keep the item (a PS4 so worth over £350!) as they have stated that it has been cancelled and wouldn't arrive (even though I had it right in front of me!) are they likely to later ask for its return? Checking on the 3rd party websites terms and conditions the contract for the gift is between the retailer and themselves and not me so they shouldn't ask for it back?

Sorry its a bit of a long winded post but just wanted to make sure I had all the details for everyones opinion/advice.

Thanks in advance

NittyGritty

you wont be entitled to keep the gift, it will need to be returned, otherwise you risk being charged for it. but up to you if u decide to keep it. just don't be surprised u get a bill/request for it back later on down the road.

mije1983

The retailer will have up to 6 years to chase you for the item so it's up to you to decide if it's worth the hassle. If you then use the item they may well let you keep it but charge you the value instead.

I would imagine as soon as the 3rd party invoice the retailer for the item, then they will be in touch with you.

m33ddy1

Thanks for the replies folks! Was worried that would be the advice lol Wish I lived in the US cause seen on one of their consumer advice websites you are entitled to keep any misdelivered items (such as 2 arrived but only 1 charged etc) unless the company asks for it back of course! lol

I'll give them a phone on Monday then to let them know it has arrived. I assume that they will be responsible for return postage? As due to the size and weight of it it would be quite costly I would think!

NittyGritty

yup its up to them to recover it, so I would imagine they will send a courier to collect, make sure you keep the receipt once its collected

m33ddy1

Just phoned 3rd party, they're arranging a collection for next week

pepdavies

It was never free was it? It would probably have cost £500+ over the contract period.