Sent xbox one by mistake

Esqui

Put it this way - if you don't make them aware of the situation, and they then realise, then you could be in trouble. I'd imagine it's rather unlikely a company will get very heavy-handed over something like this, but you should at least tell them.


Any collection should be at their expense, though.

peachyprice

pelvisdentist wrote: »

I don't think you're understanding my question. All I want to know is if I HAVE to give it back? If I don't HAVE to then I dont see the point in asking them if they want it back.

No,you don't HAVE to give it back, but if you keep it you'll HAVE to pay the bill they send you for it.

It's not unsolicited, it was sent in error in place of the item you did order. Unsolicited goods would only be considered so if you had no contact with the company at all. Them putting the wrong address label on the wrong box is not unsolicited.

pelvisdentist

FiremanDave wrote: »

So why bother to join up and ask?

Because I'd like confirmation of it. Do you trust completely everything anyone tells you?

POPPYOSCAR wrote: »

Not sure why people ask questions like this when a quick google gives the answer.

Perhaps because there's so much conflicting information around this topic?

ThumbRemote

They can pursue you for the cost of the item if you keep it. It is not legally yours - it was a mistake, not unsolicited goods.

I don't think that there's any legal requirement for you to contact them to tell them you have received it. There is a moral requirement though.

FiremanDave

pelvisdentist wrote: »

Because I'd like confirmation of it. Do you trust completely everything anyone tells you?



Perhaps because there's so much conflicting information around this topic?

Oh right so you don't trust Del down the Nags Head but some random off the net is ok.

Phone the company inform them of their mistake and make the goods available for collection.

bluenoseam

Except it's not "unsolicited" it's an error - there's a difference. Unsolicited means you have initiated no contact with the vendor, you were not expecting anything. Instead what your situation dictates is that you ordered something from the vendor, you were expecting that order from them and have received goods in error.

No moral/ethics there, just plain old fashioned common sense.

I'm also willing to bet that somewhere someone is sitting having opened what they were expecting to be an Xbox One and is actually sitting with some £50 item which you ordered.

Fosterdog

bluenoseam wrote: »

I'm also willing to bet that somewhere someone is sitting having opened what they were expecting to be an Xbox One and is actually sitting with some £50 item which you ordered.

And when that person complains it won't take long for the company to realise that you haven't complained about your missing £50 item, they'll check the tracking on the package and realise the xbox was sent to you by mistake

neilmcl

pelvisdentist wrote: »

I don't think you're understanding my question. All I want to know is if I HAVE to give it back? If I don't HAVE to then I dont see the point in asking them if they want it back.

Yes you do have to give it back. It's not yours nor is it unsolicited. As already mentioned contact them and be prepared to have to send it back, although at your convenience and at no cost to yourself.

unholyangel

http://www.legislation.gov.uk/ukpga/1971/30/section/6

“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.

As people have been explaining, by law they are not unsolicited goods. Unsolicited goods are goods which were sent to you with no prior request made by you or on your behalf with the intention of the recipient using them.

Goods sent in error remain the property of the sender and under the limitations act, they have 6 years in which to chase you for the console or its value.

You are under a statutory duty to take reasonable care of the goods and to contact the owner.

Does that clear things up for you?

Zandoni

You do have to give it back as everyone has said, but you don't have to put yourself out. So make sure they collect when it's convenient for you.


Also make sure they send you the original goods you ordered.