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Money Moral Dilemma: Should I return the 'free' sawhorse that arrived after I cancelled the order?
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In the light of the trouble you've been to contacting the firm and collecting the sawhorse when it should have been delivered to you in a timely manner, you should hang on to the one you have for the time being and only part company with it if and when you are sure the retailer hasn't discovered its mistake as a direct result of appalling customer service. If it realises its blunder, then expect the retailer to pay the full cost of returning it.0
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I suggest that you contact the store, explain what happened, and ask them to come and collect the late delivered one. They will probably say to keep it and your conscience is clear.1
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I think you could send them a message to ask whether they want it back or will they agree to your donating it to your favourite charity shop! Most mainstream charity shops will collect items like this. As a brand new boxed item it can sell at a good price. It might be fun to copy your message to your local newspaper.0
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A similar thing happened with an electrical retailer last year. I ordered the item, contacted them when it did not arrive and got several excuses why it did not arrive on time, they resent it 3 weeks later, 2 boxes then arrived on the same day with the same item in it. I contacted them and after checking with his manager the CS guy said you might as well keep it for your troubles.0
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If you are in England or Wales, the relevant legislation is the Torts (Interference With Goods) Act 1977. You are holding these goods as a "bailee" and have a legal responsibility to look after them, but you can serve a notice on the owner requiring them to collect the goods by a specific date (allow around 14 days from the date of service of the notice) after which the goods will be sold or otherwise disposed of. You can subtract any reasonable expenses from any monies realised by a sale but the balance belongs to the owner - you don't actually need to send any balance, just hold on to it until it's collected.0
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I should have added that if the owner wants them sent back, you have no legal obligation to do so unless the owner sends you any required packing materials and the costs of arranging collection and transport back to them.0
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Contact the DIY store in writing (email or letter) explaining the situation and giving them 30 days to arrange its collection.
If they don't collect, keep it for another 30 days. If it still hasn't been collected (after 60 days), keep it or dispose of it how you wish.
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I had similar a few years ago with a handheld hoover, it was an online store though so no shop to return it to. I contacted them and they said they were so sorry for the inconvenience then sent out a prepaid delivery box for me to put it back in to. In total the item was about £18, I was surprised they were so bothered to go to the effort of paying to send an empty box out then get me to travel to a PO and then the cost of the return delivery. But apparently they were so that’s their call, they clearly needed it and it wasn’t mine to keep0
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Why do so many people present a 'moral dilemma' here that shouldn't be a dilemma at all?It's simple. Just do the honest thing.It shouldn't need a second thought, let alone need you to seek guidance from others in a forum!It makes me sad to think so many hope to gain approval to behave in a dishonest way.1
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To go further than Hodgie has write to the companies CEO with a reasonable date (like suggested by Hodgie) and tell that person that they have until that date, say 2 weeks, after which time storage will be charged at so much per week. Then remind them that you are prepared to go to the small claims court to get your money. I've done this several times with unsolicited goods, which this is as they have refunded your money, and I have always finished up with the goods. But under no circumstances sell or give it away because that is theft, and I have dealt with cases of that nature, without giving the company chance to get their goods.
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