Received Extras from Abroad - What are my rights?

rnickster

Hi all,

so I ordered a little model from the USA and it was shipped the other week, yesterday I got a parcel force invoice stating I needed to pay £24 Import VAT and Clearance Fee, I was surprised because the item was only £36 total cost delivered.

I paid the cost and about 3 hours later I received an email from the company I bought the model from saying there was a mishap with the ordering and that they accidentally shipped me another customer's order as well my own order. They asked if I would be willing to return the item to them for a $20 gift card.

The box arrived today and its addressed to me and is a box of additional toys I didn't order, a fair few items I might add!

The email suggested they don't expect me to return it as they basically ask me if I would like to, so I am just wondering if I legally have to do this. I'm presuming not otherwise they would have worded it differently?

I dont intend to order anything from them again, it was a 1 off order for a single model.

It will be a great cost to send it back and a fair inconvience to arrange it all.

What are my options?

Any advice or help greatly appreciated.

sjbrun

You need to make it available for collection. Ask the company who sent it to have a courier pick it up. Or find out how much it will cost to post back at the post office and ask them for that cost before you send back.

You can't just keep it. They can take you to court if you do although being abroad it is unlikely but not impossible.

Is there a reason why you don't want to send it back if your costs were covered? (aside from personal greed)

rnickster

Hi, I don't think I said in my post that I didn't want to send them back?

I've no problem sending it back I just asked what my options are, like if there is a time limit on when I should send them back.

I ask because at the moment sending them back, arranging collection, compiling receipts and liaising with the company to be refunded for the costs is that last thing I want on top of trying to buy a house (becoming quite stressful!).

So quite happy to do it all but if I can do it in a few weeks when things have quietened down a bit that would be preferential.

And thanks, making it available collection sounds like a good idea as they can sort the delivery.

sjbrun

They have 6 years to chase you through the courts if they wish to do so.

unholyangel

Most/all of us won't have a clue on the particulars of the applicable US laws, we're a UK site unfortunately and in the US, I believe the laws differ state to state.

If it would be preferential in a few weeks, perhaps explain that to them? They've likely already sent replacements or refunded the other customer so waiting a few extra weeks to get them back might not be a big deal to them.

JReacher1

You're fine. Its an American company so they won't do anything to a UK customer who has accidentally been sent too much stuff.

If you wanted to be honest you could work out how much it will cost you to send the item back and ask for that money, plus the customs charge and then ask them to pay you that before you send it.

However if you just want to keep it then I wouldn't worry

naedanger

rnickster wrote: »

The email suggested they don't expect me to return it as they basically ask me if I would like to, so I am just wondering if I legally have to do this. I'm presuming not otherwise they would have worded it differently?

It is possible they were just using friendly wording. I would not assume that just because they ask you nicely means they have no legal rights. I expect they do have legal rights although I also expect they won't try to enforce them because it will be more bother than it is worth to them.

[That said I think you should return the item if they pay the cost (if you would prefer that to the gift card).]

bris

How stressful can it be taking a box to the post office or having a courier collect it at a time convenient to you?

rnickster

Thankyou to all who responded with advice.

I will contact the company and ask them to arrange collection.

DoaM

rnickster wrote: »

I was surprised because the item was only £36 total cost delivered.

You would likely still have VAT to pay anyway, even if they hadn't messed up?

https://www.gov.uk/goods-sent-from-abroad/tax-and-duty

rnickster

Yes I wasn't disputing the fact I would have to pay something, just highlighting that I was surprised of £24 charges on something that cost £36.