consumer advice

jade1708

A friend of mine ordered an item using click and collect. He then changed his mind and cancelled the order ( and placed an order for something else). The refund was processed but when he went to collect the cancelled item was there add well.

I know that if someone sends you goods without agreement you are welcome to keep them however is this any different because it's click and collect? Or because it was an order that had been cancelled? Any advice would be appreciated.

Ideally obviously he'd like to keep it.

They have not contacted him, it was around 2 weeks ago.

No ' where's your morals' speeches please!

frugal_mike

Did they take payment for the item? If he hasn't paid then he doesn't own it and has no right to keep it. The shop has 6 years to pursue him for the money or return of the item.

I'd tell him to check his bank statement though. They may well have failed to cancel the order so charged him for both items.

neilmcl

The goods are not his, they are not unsolicited, your friends cancellation simple missed the despatch of the goods. He will be liable for the cost unless he returns it.

What type of store is this? Why didn't your mate simply leave the goods there at the shop (assuming it's a click & collect service at a shop). The minute he took them away he took responsibility for them and will be liable for their return (unless the contracts T&Cs state otherwise)

daytona0

jade1708 wrote: »

No ' where's your morals' speeches please!

Why not?

Your "friend" has stolen items in the knowledge that a refund has since been issued. How would your "friend" feel if the following happened;

I transfer money to their bank account for a private sale (ie a car). I then cancel the order and your "friend" refunds the money. Your "friend's" dad doesn't know this and delivers the item straight to my house and I then do a runner with the money and the item.


Yea, leaves a bitter taste in the mouth. The only difference is that you can partially justify it because "they are large faceless corporations". Well, I hope your "friend" makes a business and gets robbed blind by customers and thus lose out on tighter profit margins and potentially go bust. That would be karma


But yea, legally you SHOULD turn your "friend" into the police for theft, but because it is your "friend" that will never happen (and it is a bit harsh even if they weren't a friend) so telling them to return the item may avoid the potential that a company audit or something along those lines may uncover the error, especially if your "friend" has given personal contact information to the company (for example through registering an account on the website). That would make tracking down your "friend" as easy as hell.

Otherwise, tell your friend to gamble because ultimately stealing isn't bad if you get away with it (but it is bad morally and I wouldn't encourage stealing, nor do I steal but I can justify it because it is a dog eat dog world)

DevCoder

Well this clearly fits in the definition of theft....

powerful_Rogue

krisdorey wrote: »

Well this clearly fits in the definition of theft....

Absolutely. Its pure and simple theft.

To put it bluntly, your friend is a thief.

Been far too many threads like this recently. Such a shame about the rise of unlaw abiding members and those with a lack of morals.

stevemLS

I entirely agree, your friend took the goods from the store knowing they had not been paid for. Theft plain and simple.

paddyrg

Take the goods back and explain in store. Or, if that's not to taste, go back to the store and shoplift a bunch more stuff - it's only someone else's possessions to take without paying, after all.