wrong item sent from amazon, do I have a right to not return?

hihip2004

Hi all,  I ordered a recycling bin on Amazon - and to my surprise when I opened the parcel I found a rather expensive computer had been delivered instead.
I have contacted amazon who have initiated a return however the representative was rather vague in not answering whether it was a requirement for me to return the computer to them or not?
Legally, where do i stand - am I legally obligated to return the computer to them - or - am I within my rights to retain and use it?
I've read mixed resources with some saying it's their fault and problem not mine.. and some saying that it remains their property!...

Greatgimp

Don't be silly, of course it's theirs.

hihip2004

yeah that was my gut feeling (and if we're honest about it - the right thing to do)

Were_Doomed

You have the right to retain it if you wish ... they have the right to pursue you for the cost of it.

24Tweezers

I received the wrong order from Amazon.  When I phoned them, they just said I could keep it if I liked.  So I did.  They also sent out my correct order.  I was happy.

Were_Doomed

24Tweezers said:

I received the wrong order from Amazon.  When I phoned them, they just said I could keep it if I liked.  So I did.  They also sent out my correct order.  I was happy.

Yeah but ... yours wasn't a computer though, rather some low-priced item which would have cost them near as much to return.

hihip2004

Were_Doomed said:

You have the right to retain it if you wish ... they have the right to pursue you for the cost of it.

I like that answer and it matches some of the sources I read. Inevitably, who would want to go through the hassle of dealing with that.  I like forums like this... good opportunity to talk things through and see perspective in things.

I guess like most other people that recieve an item they didn't expect... most reactions I imagine would  start with "holy moly... win"..... followed by what should I do? hide it and keep quiet? .... eventually followed by the inner-voice saying this isn't right and it is going to cause you stress and problems.   Inevitably I know what I should be doing, just reluctant to admit it because it means losing something (that didn't belong to me in the first place).

Guess I'll be shipping it off in the morning.

Were_Doomed

hihip2004 said:

Guess I'll be shipping it off in the morning.

Have they provided you with the shipping label? What is the returns method? Make sure you get proof of sending it, and that you get a record of the weight. (You don't want this going missing / getting substituted making you liable for it).

hihip2004

nope - that was actually  a concern I raised with them - the ONLY return option was hermes... (I hate them and do not think they are reliable in the slightest).  I don't know whether hermes is tracked or not.
They have given me a QR code that I have to give to a local shop to scan.... I don't know anything else about the return procedure and don't know whether it's tracked or not but like you say I really don't want it to go missing or get substituted.
I asked them if they could arrange for a driver to collect, or whether I could drop it off to a local warehouse and they said no.

hihip2004

perhaps the key would be to take a picture of it in the shop as I hand it over so that I have photo evidence of it being given

Were_Doomed

Do whatever you feel is necessary to protect yourself. If Amazon have provided the shipping label / QR code then liability for the goods becomes theirs once you've handed the package over to their nominated shipping agent. I'd suggest weighing the package on scales at home (as a backup - I don't think they weigh packages at a Hermes drop-off point), and taking as many photos as you feel are relevant of the package etc.

This may seem overkill but we've seen plenty enough posts here from people saying they've returned goods and the seller won't refund because the wrong goods have been received back, or not received at all.