Received an item twice

MalMonroe

JWalt said:

Hi everyone,

I'm sure this kind of situation has been talked about before, but I wanted to gather everyone's thoughts on my situation.

So, I've recently bought an Apple product from a well known retailer online. I received a notification from the courier that the item wasn't going to be delivered and I need to contact the retailer. When I phoned them, they told me my apple product had been submerged underwater and they ended up  very kindly sending me another device with next day delivery which arrived successfully. 

A few days go by, I get a notification from the courier that my package is being delivered. Low and behold, it's the original device that I'd been told was submerged underwater. I unboxed it, and it works flawlessly...

What do I do? Legally, am I obligated to send it back? Is it mine? I've only payed for one device which I've received but now I have two that both work.

Let me know what you think!

Thanks,

Jack

This is a bit unusual in that you haven't been sent two by mistake, you've been sent a replacement for what someone thought was a damaged version. If I were you I'd phone them, explain the situation and ask what they want you to do. They may say just keep it (they can probably afford the loss and they thought it was damaged anyway) or return it but at least you will then know you did the best and honest thing.  

The one they sent that they said had been submerged in water MAY actually have been at some point - and it may only work for a couple of weeks and die. 

Phone and let them know. Then YOU will know for sure. 

Also, I know it's pedantic but -
*it's PAID not payed.
and while I'm here : Lo and behold, not low.
Sorry.

MalMonroe

Aylesbury_Duck said:

Contact them and ask them what they would like you to do with it.  If you're really lucky they'll let you keep it.  Otherwise, you'll have to return it and they could charge you something for the fact you've broken the seal, turned it on and tried it.

I particularly like the fact you took the trouble to acknowledge their kindness and efficiency, yet look to be trying to gain from it.  Nice touch.

That's a really patronising and sarcastic comment when you don't appear to have read the whole of the post.

There won't be any delivery charge to pay because it was the retailer's error whether the OP has 'broken the seal and tried it on' or not.

stragglebod

MalMonroe said:

theonlywayisup said:

Nannytone said:

Why did you unbox it and try it out knowing that you had been sent it in error?
Presumably it will now be classed as a used item and won't be able to be sold again as new

Because they want to hear that they can keep both, only having paid once.

It's almost as if nobody has read the original post all the way through. OP was told that the item that was first sent had been submerged in water so he needed to arrange delivery of an unsubmerged (new) item. Perfectly natural for him to open it up to see if it (a) had been submerged and (b) whether it worked or not.

Why would it be 'perfectly natural' for the OP to do this, since they've already got a replacement and it's not their problem what actually happened to the original or whether it still works?

Aylesbury_Duck

MalMonroe said:

theonlywayisup said:

Nannytone said:

Why did you unbox it and try it out knowing that you had been sent it in error?
Presumably it will now be classed as a used item and won't be able to be sold again as new

Because they want to hear that they can keep both, only having paid once.

It's almost as if nobody has read the original post all the way through. OP was told that the item that was first sent had been submerged in water so he needed to arrange delivery of an unsubmerged (new) item. Perfectly natural for him to open it up to see if it (a) had been submerged and (b) whether it worked or not.

No it isn't.  (a) maybe, but (b) is just nosiness, greed or whatever.  OP has the working product they paid for.  Why would it be "natural" to open up and turn on a second one afterwards?

Aylesbury_Duck

MalMonroe said:

Aylesbury_Duck said:

Contact them and ask them what they would like you to do with it.  If you're really lucky they'll let you keep it.  Otherwise, you'll have to return it and they could charge you something for the fact you've broken the seal, turned it on and tried it.

I particularly like the fact you took the trouble to acknowledge their kindness and efficiency, yet look to be trying to gain from it.  Nice touch.

That's a really patronising and sarcastic comment when you don't appear to have read the whole of the post.

There won't be any delivery charge to pay because it was the retailer's error whether the OP has 'broken the seal and tried it on' or not.

How ironic.  If you'd read the whole of my post you'd have realised I said nothing about a delivery charge.

Mojisola

MalMonroe said:

Nannytone said:

Why did you unbox it and try it out knowing that you had been sent it in error?
Presumably it will now be classed as a used item and won't be able to be sold again as new

Because he'd been told that it had been submerged in water and wanted to know if it worked in spite of that. That is NOT an unusual response at all and the item would probably have been classed as 'used' anyway if the retailer thought it had been in water. 

Why?  The replacement had already arrived.

If it had been submerged, it would have been obvious from the state of the box it arrived in.

Spank

Mojisola said:

MalMonroe said:

Nannytone said:

Why did you unbox it and try it out knowing that you had been sent it in error?
Presumably it will now be classed as a used item and won't be able to be sold again as new

Because he'd been told that it had been submerged in water and wanted to know if it worked in spite of that. That is NOT an unusual response at all and the item would probably have been classed as 'used' anyway if the retailer thought it had been in water. 

Why?  The replacement had already arrived.

If it had been submerged, it would have been obvious from the state of the box it arrived in.

If somebody is going to say "it's sealed in plastic" then submerging it in water would not be an issue.

JWalt

Appreciate everyone's replies. And before everyone jumps to conclusions assuming I'm being greedy. I called the retailer back before I had even read anyone's advice on this thread and arranged for them to pick it back up as that's what felt right in the end. 

Aylesbury_Duck

The right thing to do, well done.

JWalt

Oh and funnily enough, the customer service team confirmed it was the device that was submerged underwater and were actually happy to hear it was working! 

Hysterical how people sit on these forums replying with confidence as if they are consumer rights experts and often end up being so wrong.