Keep items sent by mistake

Adzhull

I ordered an item online on the 10th Feb for which payment was taken, on the 11th I go an email stating item wouldn't be delivered as none in stock despite there being 1 left when my order went through. I asked for the order to be cancelled and to be refunded which was put through the same day with the money going back into my account on the 12th. To me no item in stock order cancelled and refunded, case closed. Now it appears that the item came back in stock at some point and nearly 2 weeks later the item has been delivered despite the cancelled order and refund. I have contacted company to advise of their error to which they advised they will collect today. Essentially do I have a right to keep it if it isn't collected and did I have a right to just keep it in the first place?

marcarm

No you do not, in the same way they do not have the right to keep your money for an item that was not in stock.

Can you imagine if they said they were keeping your money but they are not sending you the item?

Essentially, you are asking if you have the right to do the same, you have the item AND the money, you have the right to return it or pay for it.

Adzhull

I completely understand that, that is why I have advised them of their error. I was curious after hearing about unsolicited goods and other stories of people keeping items sent in error. As they are aware of the error and have stated it will be collected today is there a legal amount of time to give them to collect it before I can claim it?

powerful_Rogue

Adzhull wrote: »

I completely understand that, that is why I have advised them of their error. I was curious after hearing about unsolicited goods and other stories of people keeping items sent in error. As they are aware of the error and have stated it will be collected today is there a legal amount of time to give them to collect it before I can claim it?

Yes, 6 years.

marcarm

Adzhull wrote: »

I completely understand that, that is why I have advised them of their error. I was curious after hearing about unsolicited goods and other stories of people keeping items sent in error. As they are aware of the error and have stated it will be collected today is there a legal amount of time to give them to collect it before I can claim it?

These are not unsolicited, this is simply an error.

Unsolicited goods are where you are sent something having had no prior contact with the company, you get sent something and then invoiced for them in future.

You had previous contact with the company, they simply sent them in error.

You have done the right thing in contacting them to arrange collection.

Mzilikazi

Adzhull wrote: »

I was curious after hearing about unsolicited good

But they aren't unsolicited are they!

Aylesbury_Duck

powerful_Rogue wrote: »

Yes, 6 years.

Correct. And no, you can't charge them for storage for that time, before you ask....

unholyangel

Adzhull wrote: »

I completely understand that, that is why I have advised them of their error. I was curious after hearing about unsolicited goods and other stories of people keeping items sent in error. As they are aware of the error and have stated it will be collected today is there a legal amount of time to give them to collect it before I can claim it?

Technically the goods never become yours. Just after 6 years you would have use of the "statute barred" defence for any claim they brought against you.

As above though, unsolicited goods are goods that were sent on purpose to you, with the intent of billing you for them later. It was only intended to stop that unfair practice, not to penalise genuine errors.

There is however nothing stopping you from offering to buy it again if you want to/need to. Even slightly cheaper - I do this with retailers sometimes and I'll specifically point out that me returning will mean they've lost out on x, y & z costs but if they offer me it for £___ discount (a figure slightly lower than those costs) then I'll keep it.