Can I keep a wrong item delivered by amazon?

pinkshoes

karenakarena said:

Hi, 

I ordered a cheap item off amazon and instead they delivered something completely different and worth quite a lot of money. They seem to have no idea this is the case. Is this item now mine legally, or do I have a duty to tell them and return it?

Thanks 

Yes, you can keep the item legally if you want to, but as this was clearly an error, then by keeping the item you are agreeing to purchase it, so they have up to 6 years to pursue you for the money.

If you cannot pay for it, then you would have to return it in unused condition, so you would have to keep it in a cupboard unused for 6 years before using it. 

peter_the_piper

If they had delivered a very cheap item instead of the expensive one you ordered would you have kept quiet and kept it? No, you'd have been on the blower straight away, so the same thing applies in your case.

comeandgo

I have a dvd amazon sent to me in error.  I have not contacted them about it but it is here, still in its bag for them to collect.  That was 7 years ago and they have done nothing.  Whether you contact them or not is up to you but if they ask for the item returned then you will have to do so or pay for it.

Pollycat

davidmcn said:

karenakarena said:

Is this item now mine legally

Gosh, we're getting a glut of "can I keep this" questions lately. No, it's not yours.

Aren't we just.

mattyprice4004

Morally bankrupt people are out in force recently!

unholyangel

pinkshoes said:

karenakarena said:

Hi, 

I ordered a cheap item off amazon and instead they delivered something completely different and worth quite a lot of money. They seem to have no idea this is the case. Is this item now mine legally, or do I have a duty to tell them and return it?

Thanks 

Yes, you can keep the item legally if you want to, but as this was clearly an error, then by keeping the item you are agreeing to purchase it, so they have up to 6 years to pursue you for the money.

If you cannot pay for it, then you would have to return it in unused condition, so you would have to keep it in a cupboard unused for 6 years before using it. 

Even if they can pay for it, it's still technically theft as Amazon didn't agree to transfer ownership, so they would still be appropriating property belonging to another.

There is actual case law where people borrowed money, intending to replace it and were still charged with theft because they didn't have any right to the money and it would be impossible to give back the original item in its original state - something of equivalent value (such as different notes/coins) doesn't cut it as a defence.

JamoLew

Aylesbury_Duck said:

Awaiting the "but a bloke down the pub told me it's unsolicited goods" response. 

The Pub would be breaching lockdown

williamgriffin

unholyangel said:

pinkshoes said:

karenakarena said:

Hi, 

I ordered a cheap item off amazon and instead they delivered something completely different and worth quite a lot of money. They seem to have no idea this is the case. Is this item now mine legally, or do I have a duty to tell them and return it?

Thanks 

Yes, you can keep the item legally if you want to, but as this was clearly an error, then by keeping the item you are agreeing to purchase it, so they have up to 6 years to pursue you for the money.

If you cannot pay for it, then you would have to return it in unused condition, so you would have to keep it in a cupboard unused for 6 years before using it. 

Even if they can pay for it, it's still technically theft as Amazon didn't agree to transfer ownership, so they would still be appropriating property belonging to another.

There is actual case law where people borrowed money, intending to replace it and were still charged with theft because they didn't have any right to the money and it would be impossible to give back the original item in its original state - something of equivalent value (such as different notes/coins) doesn't cut it as a defence.

I wonder how that would work out if the loan was by bank transfer. 

MalMonroe

JamoLew said:

Aylesbury_Duck said:

Awaiting the "but a bloke down the pub told me it's unsolicited goods" response. 

The Pub would be breaching lockdown

Not if they opened on Zoom! Which has happened in my area, though the pub's just doing it to be kind and keep their customers on side. They have chat nights and also, a quiz night which is proving to be really popular, although nobody was every really that bothered with it when it was in the actual pub! Peeps can be strange. . . 

MalMonroe

All you have to do is go to your orders on amazon, click on the order you sent in and then click on the 'problem with order' box on the right hand side and tell them what happened. Sometimes they say you can keep it, sometimes they say they'll arrange collection. But at least you will know you've done the right thing, even if they never do collect it.

Because you do know what the right thing is, or you wouldn't have asked the question.