We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Online Retailer Sent Extra Multiple Items - Keep or Return?

Hello,
I ordered a Nike cap from an online sports retailer and received the delivery this morning to find that they have sent me three of the same! However, all 3 caps were packaged in what seems like one sealed bag from the manufacturer. I'd assume this was a result of a packing error at the retailers warehouse where the caps were meant to be taken out of its packaging but instead, someone saw the cap on a shelf and just packed it up and sent it out without realising. The delivery note does confirm a quantity of 1 was ordered.
Can I keep them or do I have to send the extras back straight away? Alternatively, if they don't contact me about it, can I keep them after a certain amount of time?


Ben
«1

Comments

  • The question is, how can they prove you received 3 caps instead of just 1, if they ask you can just deny it and keep them, happy days.
  • naedanger
    naedanger Posts: 3,103 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    radiibenos wrote: »
    Hello,
    I ordered a Nike cap from an online sports retailer and received the delivery this morning to find that they have sent me three of the same! However, all 3 caps were packaged in what seems like one sealed bag from the manufacturer. I'd assume this was a result of a packing error at the retailers warehouse where the caps were meant to be taken out of its packaging but instead, someone saw the cap on a shelf and just packed it up and sent it out without realising. The delivery note does confirm a quantity of 1 was ordered.
    Can I keep them or do I have to send the extras back straight away? Alternatively, if they don't contact me about it, can I keep them after a certain amount of time?


    Ben
    Legally you should tell the retailer about their mistake and offer to return the extra items at their expense and risk.

    Otherwise in theory you could be guilty of theft by finding (although unless the items are high value there is virtually no chance, in my view, of you being charged with theft except possibly if you refuse to return them when asked). In theory, as far as I am aware, the items never become your property if you don't tell the retailer about them.
  • The question is, how can they prove you received 3 caps instead of just 1, if they ask you can just deny it and keep them, happy days.

    So you're telling the OP to lie?
  • WhyNot?
    WhyNot? Posts: 51 Forumite
    10 Posts Name Dropper
    radiibenos wrote: »
    Hello,
    I ordered a Nike cap from an online sports retailer and received the delivery this morning to find that they have sent me three of the same! However, all 3 caps were packaged in what seems like one sealed bag from the manufacturer. I'd assume this was a result of a packing error at the retailers warehouse where the caps were meant to be taken out of its packaging but instead, someone saw the cap on a shelf and just packed it up and sent it out without realising. The delivery note does confirm a quantity of 1 was ordered.
    Can I keep them or do I have to send the extras back straight away? Alternatively, if they don't contact me about it, can I keep them after a certain amount of time?


    Ben

    First of all, the disclaimer:
    I am not a lawyer and you should not take this guidance as legal advice.

    However, as I understand it, the law is quite complex in this regard.
    The extra items supplied could be construed as unsolicited; you ordered one cap (so that was solicited) but you did not order the other two (so they may be considered unsolicited)
    Under the Unsolicited Goods and Services Act 1971 (as amended), a supplier is not permitted to charge you for the extra items if they are unsolicited. As the recipient, under this act, you are not obligated to either pay for the extra items nor return them.
    (This act is in place to prevent unscrupulous suppliers sending out unsolicited goods and then demanding payment from the consumer)

    However, under the Sale of Goods Act 1979, a supplier may be legally entitled to reclaim duplicate items sent out in error.

    What most people in your position would, or at least to think they would, contact the supplier in question as advise them of their error.
    If the supplier wants the extra goods back, then they should either arrange collection or at least pay you for the postage.
    Chances are, for a couple of caps, it will cost the supplier more to have them returned than the value of those caps to them (i.e. their buying price), so they will probably tell you you can keep them. But it would surely be courteous to let them know of their error, and at least you would then know where you stand.

    Now at the outset, I laid out my disclaimer to you. If you really want to know the strict legal position, I can only suggest you seek independent legal advice. :)
  • Well, that settles it then. I'll get in touch with the retailer and see what they want to do. Cheers all.
  • unholyangel
    unholyangel Posts: 16,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The goods are not unsolicited. Unsolicited goods are goods sent to you for you to acquire with no request being made by you or by someone else on your behalf - usually with the intention of trying to charge you for them later.

    Sale of goods act also no longer applies to b2c contracts since october of last year.

    Goods sent in error remain the property of the sender. I believe the relevant legislation is the Tort (interference with goods) act. You basically have a duty to take reasonable steps to trace the owner, take reasonable care of the goods and make them available for collection.

    Legally the goods never become yours. However if you follow the procedure (two written notices including your personal details and what you intend to do with the goods if they aren't collected) you can then either dispose of the goods or sell them. If you sell them though, you need to get a fair market price (cant sell them for mates rates) and the money from the sale (minus reasonable expenses for things like advertising if necessary) technically belongs to the retailer.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • WhyNot?
    WhyNot? Posts: 51 Forumite
    10 Posts Name Dropper
    ..
    Legally the goods never become yours. However if you follow the procedure (two written notices including your personal details and what you intend to do with the goods if they aren't collected) you can then either dispose of the goods or sell them. If you sell them though, you need to get a fair market price (cant sell them for mates rates) and the money from the sale (minus reasonable expenses for things like advertising if necessary) technically belongs to the retailer.

    I think you are possibly about 15 years behind the time and/or the law in Scotland may be different :)

    But as I said, INAL.
  • WhyNot?
    WhyNot? Posts: 51 Forumite
    10 Posts Name Dropper
    So you're telling the OP to lie?
    Yes, ...

    What a wonderful site MSE Martin has created here.

    No wonder he has all but given up on it, prefering now to concentrate on other media outlets such as TV, radio or even twitter. :(
  • WhyNot? wrote: »
    What a wonderful site MSE Martin has created here.

    No wonder he has all but given up on it
    I somehow think that the estimated £87 million that he sold it for had a lot more to do with it than the fact that there are a few liars and trolls using the website.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 346.7K Banking & Borrowing
  • 251.4K Reduce Debt & Boost Income
  • 451.4K Spending & Discounts
  • 238.9K Work, Benefits & Business
  • 614.3K Mortgages, Homes & Bills
  • 174.8K Life & Family
  • 252.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.