Wrong Item Delivered from Online Order - Can I keep it

Manx_Raider

A big online shop have delivered an order to me, unfortunately they've not delivered what I ordered (and what's on the receipt).

However what they have sent me is something that's more expensive. My question is, from a legal stand-point, can I keep and use what they've delivered?

InsideInsurance

Legally you could keep it but they would be entitled to charge you for the price difference were they ever to spot it. If you refused then it could be seen as theft.

Esqui

You should make them aware of what's happened. Not only is it morally the right thing to do, but if your receipt is wrong, you'll get a bit stuck if you ever have problems with the item as you'd have no proof of ever having bought that model.

reehsetin

InsideInsurance wrote: »

Legally you could keep it but they would be entitled to charge you for the price difference were they ever to spot it. If you refused then it could be seen as theft.

I don't think they can't demand payment for their mistake - you have no contract at a higher price, but they can ask/sue you for its return

Give them the opportunity to collect and deliver the correct product, if they don't respond/collect/replace then keep it

InsideInsurance

reehsetin wrote: »

I don't think they can't demand payment for their mistake - you have no contract at a higher price, but they can ask/sue you for its return

Give them the opportunity to collect and deliver the correct product, if they don't respond/collect/replace then keep it

Its messy

I would argue that this is different to unsolicited goods as its an error for a solicited order. If the OP unpacks the item, uses it etc then arguably there is a contract implied by the fact the OP has accepted the goods. A simple returning them in a years time may not be considered sufficient restitution if the use of them has devalued them.

Manx_Raider

Sadly - I don't earn enough money to be able to afford the luxury of morals.
But if there is a risk of being sued for using the item then I'll not take that risk and I'll await them contacting me to arrange a swap (or appropriate collection & refund).

unholyangel

Manx_Raider wrote: »

Sadly - I don't earn enough money to be able to afford the luxury of morals.
But if there is a risk of being sued for using the item then I'll not take that risk and I'll await them contacting me to arrange a swap (or appropriate collection & refund).

You may have to wait up to 6 years (thats how long they have to take legal action against you).

Insideinsurance is right to say they're not unsolicited goods. Goods sent in error remain the property of the sender and you have a statutory duty to take reasonable care of the items. Breaching that duty (ie by using them or disposing of them) makes you liable. There is a way to discharge yourself of that duty earlier than 6 years but it involves sending 2 notices to the owner. At the end of that process, the goods still dont belong to you but you can then sell them or dispose of them. But if you sell them then you need to get a fair price and the money from the sale belongs to the owner of the goods - minus any reasonable fees incurred in selling the item.

McKneff

Manx_Raider wrote: »

Sadly - I don't earn enough money to be able to afford the luxury of morals.
But if there is a risk of being sued for using the item then I'll not take that risk and I'll await them contacting me to arrange a swap (or appropriate collection & refund).

What has what you earn got to do with morals.
Morals is to do with honestly.
So you would be dishonest as long as you knew you wouldn't get caught.
JC !!!

Manx_Raider

McKneff wrote: »

What has what you earn got to do with morals.
Morals is to do with honestly.
So you would be dishonest as long as you knew you wouldn't get caught.
JC !!!

No - "getting caught" implies doing something wrong. If I was in the right to keep something then I would.

What you earn has a HUGE effect on what you can do.

For example, I'd like to be able to afford a car that's more eco-friendly, e.g. a hybrid, but that's 2 to 3 times the price of my current car. For long distance journeys I much prefer using the train, it's more environmentally-friendly (and it's less stressful). But I can't afford the cost of regular long distance train travel, but I can afford the cost of a car. That restricts caring for the environment to those that can afford it to do so. I'd love to be more eco-friendly - but quite simply I can't afford it!

Laz123

Years ago the law was that you had to write to the store and tell them to collect it. If they hadn't collected within 6 months (I think or it could have been 3 months) you could keep it. But with silly EU laws overriding ours maybe it's changed.

InsideInsurance

Laz123 wrote: »

Years ago the law was that you had to write to the store and tell them to collect it. If they hadn't collected within 6 months (I think or it could have been 3 months) you could keep it. But with silly EU laws overriding ours maybe it's changed.

I dont think you will find there ever was a statute about this but possibly some case law from litigations that had gone to court. Inevitably with our legal system there would be a measure of reasonableness involved in the timescales etc, how long someone is expected to store a ultra budget £100 three piece sofa suite would be different to a £10,000 diamond ring

The OP however appears to be suggesting they intend to use the item rather than just storing it until such time that the vendor notices and requests its return.