Additional unsolicited delivery, my rights?

brad__34

Hi,

A couple of months back my partner made an order online for a couple of items. The delivery time specified was 2 weeks. After 4 weeks or consistent lies upon lies from the company (i took over as my partner is not so good on the phone) i finally lost my cool and they delivered the next day.

Anyway, on 16/12/15 they delivered another (unsolicited and not paid for) of the same item, just the one not two. However my neighbor took the delivery not me and later gave the item to me.

This item just happens to weigh 35 kg's and is an eye sore in my living room. I immediately wrote to them via email to explain this and told them they had until 18/12/15 18:00 to collect or i will dispose of it (i have guests coming over before then) and that i am charging them storage in the mean time. On 17/12/15 they called me and asked to collect on 20/12/15. I told them no and that they need to get here by specified time or i will dispose of it.

We then agreed over the phone that i will dispose of it as they cannot meet my terms. I then sent them and email explaining this. Upon evaluation, this item will be a royal pain to take to the tip however selling it shouldn't be difficult.

My question is: Do i have the right too or can they come back and bite me despite our conversation?

Thank you, :beer:
Brad

I should also mention that they never gave me a 10% refund as initially agreed.

wealdroam

brad__34 wrote: »

Hi,

A couple of months back my partner made an order online for a couple of items. The delivery time specified was 2 weeks. After 4 weeks or consistent lies upon lies from the company (i took over as my partner is not so good on the phone) i finally lost my cool and they delivered the next day.

Anyway, on 16/12/15 they delivered another (unsolicited and not paid for) of the same item, just the one not two. However my neighbor took the delivery not me and later gave the item to me.

This item just happens to weigh 35 kg's and is an eye sore in my living room. I immediately wrote to them via email to explain this and told them they had until 18/12/15 18:00 to collect or i will dispose of it (i have guests coming over before then) and that i am charging them storage in the mean time. On 17/12/15 they called me and asked to collect on 20/12/15. I told them no and that they need to get here by specified time or i will dispose of it.

We then agreed over the phone that i will dispose of it as they cannot meet my terms. I then sent them and email explaining this. Upon evaluation, this item will be a royal pain to take to the tip however selling it shouldn't be difficult.

My question is: Do i have the right too or can they come back and bite me despite our conversation?

Thank you, :beer:
Brad

I should also mention that they never gave me a 10% refund as initially agreed.

Do you have an email from the seller confirming his acceptance of your terms?

If not then it may, as you say, 'come back to bite you'.

unholyangel

Its not unsolicited btw. Unsolicited goods are goods which are sent to you (with a view to you using them) with no prior request either by you or someone on your behalf.

Second, 2 days for a collection is completely unreasonable imo.

The situation here is that you are an involuntary bailee of the goods. Which means you have a duty of care and have to make reasonable attempts to notify the owner and make the goods available for collection.

You should be okay to dispose of them if they have actually told you to do this but personally, I'd give them a reasonable opportunity to collect the goods first to be on the safe side.

tomtontom

The goods are not unsolicited within the legal meaning, they are an error. Offering a collection two working days later is not unreasonable, they may have missed the cut off for tomorrow.

Is there nowhere else you can put the item until then? It can't be much of an "eye sore" if you ordered one in the first place!

brad__34

I do not have it written that they accept the terms.

Perhaps the time frame i have offered is short however this company is the most rude and pervasive one i have ever come across. I would indeed cut off my nose to spite my face by legal means if it teaches them a lesson.

The eye sore is flat packed in a giant box. The built up item is quite pleasing. Due to it's weight and dimesions i am unable to get it upstairs and out of sight.

McKneff

Ordering them to collect it in 48 hours is unreasonable on your part.


4 days is reasonable though.


Yes, it can very easily come back and bite you on the behind.

wealdroam

brad__34 wrote: »

I do not have it written that they accept the terms.

Then my suggestion is not to act too hastily.

brad__34

Thank you for your informative replies. It appears i may have to swallow my pride and offer them a reasonable collection date.

marcarm

And also, I'm sure if you sell it the money is not yours to keep, although someone might be able to tell you for sure.

You might also have a duty to get the best price for it, and not 'mates rates', so it might be worth finding out for definite before you do something drastic like that.

Fosterdog

McKneff wrote: »

4 days is reasonable though.

It is very unreasonable at this time of the year when they may not be able to arrange a courier at such short notice without it costing them an unreasonable amount

unholyangel

marcarm wrote: »

And also, I'm sure if you sell it the money is not yours to keep, although someone might be able to tell you for sure.

You might also have a duty to get the best price for it, and not 'mates rates', so it might be worth finding out for definite before you do something drastic like that.

If sold, they need to achieve a fair market price for it. They can deduct reasonable costs incurred in selling it - such as for advertising or delivery charges but the money from the sale (and the interest on that money) belongs to the retailer.