Unsolicited goods or not?

Nooobi

Hi everyone!

Let me just quickly describe whole situation:
I have ordered goods online, I have paid for it and they were dispatched to me.
On the day of the delivery DPD misrouted my parcel and was sent to a completely different place.
After that I have contacted seller and we cancelled order as recovering that parcel would take weeks. I got my refund and that should be the end of the story. However more than month later that item was delivered to me anyway. It was 100% DPDs another mistake.
And now question is can I keep the item and treat it as unsolicited goods or not?

Ethically I know it's unfair but it is very tempting...

Thanks for any help

BorisThomson

They're not unsolicited goods, they're a cancelled order that has now turned up.

Contact the retailer and offer payment or for them to arrange collection.

McKneff

As above....

unholyangel

To explain, unsolicited goods are goods that are sent to you without you (or someone on your behalf) making a request.

It was designed to stop companies sending goods to customers with the intent of later demanding payment (for goods the customer never ordered or even enquired about). It doesn't cover situations where a mistake is made (such as ordering one item and receiving something different or where you cancel an order and the goods turn up anyway or goods mistakenly being sent to you instead of someone else).

pmduk

Whatever else they are, they can't be described as unsolicited.

Svein_Forkbeard

So the real question is can I keep the stuff and get away with it.

You can of course try but that would be illegal and scummy, wouldn't it.

pmduk

The OP is desperately hoping someone will tell them it's ok to keep the goods.

Geodark

Yes you can keep the goods... as long as you are willing to pay for them since any time during the next 6 years the company can ask for payment

OnlyAlan

As well as the moral issue, you would be guilty of a Tort of Conversion at Common Law. Old though this legislation is, it is regularly used.