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The Wrong Hamper - who pays?
JosephK
Posts: 284 Forumite
A wee conundrum to test your brains as lockdown drags on
. Names have been changed to protect the innocent!
Mary from Manchester orders, online, a hamper from Gourmet Eats for her friend Betty from Bermondsey as a birthday present. The hamper is delivered, Betty texts Mary to let her know it has arrived and to express her thanks. She opens and starts to enjoy the contents. She notes the quantity in the hamper but knows that she and Mary can be more extravagant than usual if either is feeling flush.
Some time later, when they speak over the phone, it is realised that the wrong hamper has been sent by Gourmet Eats. Mary ordered and paid for a "De-Luxe" size but, despite that being stated on the delivery note, a "Super Luxury Ultimate" size, which is at least twice the price, has been sent.
Questions that arise are:-
Should this be pointed out to the firm? It is obviously impractical to send the extras back as the packaging has been binned, some of the items are in glass jars or bottles which could break, some items are perishable and would not survive the return journey and some have been consumed anyway.
If Gourmet Eats realise their error, are they entitled to claim the higher price from Mary? The higher priced item was never requested and was accepted in good faith by the recipient.
At the moment, Mary and Betty are hiding under their respective tables awaiting, with trepidation, a visit from the heavies demanding the return of cheese and wine (not).
Mary from Manchester orders, online, a hamper from Gourmet Eats for her friend Betty from Bermondsey as a birthday present. The hamper is delivered, Betty texts Mary to let her know it has arrived and to express her thanks. She opens and starts to enjoy the contents. She notes the quantity in the hamper but knows that she and Mary can be more extravagant than usual if either is feeling flush.
Some time later, when they speak over the phone, it is realised that the wrong hamper has been sent by Gourmet Eats. Mary ordered and paid for a "De-Luxe" size but, despite that being stated on the delivery note, a "Super Luxury Ultimate" size, which is at least twice the price, has been sent.
Questions that arise are:-
Should this be pointed out to the firm? It is obviously impractical to send the extras back as the packaging has been binned, some of the items are in glass jars or bottles which could break, some items are perishable and would not survive the return journey and some have been consumed anyway.
If Gourmet Eats realise their error, are they entitled to claim the higher price from Mary? The higher priced item was never requested and was accepted in good faith by the recipient.
At the moment, Mary and Betty are hiding under their respective tables awaiting, with trepidation, a visit from the heavies demanding the return of cheese and wine (not).
0
Comments
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Mary should attend her nearest police station and turn herself in to PC McGarry for theft of some brie.3
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Betty should be told to quickly eat all the evidence and ensure she wipes her mouth of crumbs before Plod arrive.3
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Good idea for a Wallace and Gromit film
says Wallace -“Gromit lad, there’s no Wensleydale, they must have sent the wrong hamper”
1 -
Mary should utter the following words (in her best southern drawl) "Thank you jesus - its' a miracle you have turned a mere deluxe into a Super Luxury Ultimate ... give me an amen brothers and sisters ... hallelujah"I don't care about your first world problems; I have enough of my own!0
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If a deluxe hamper was ordered & a deluxe hamper is quoted on the delivery note, how are Gourmet Eats going to prove a Super Luxury Ultimate was delivered?
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Think she may have tried drinking some of the evidence and been locked up for being disorderly and knocking off policemen's helmets, her defence being she thought she was allowed to knock 'em in The Old Kent Road.Westin said:Betty should be told to quickly eat all the evidence and ensure she wipes her mouth of crumbs before Plod arrive.
As to the hamper, in the unlikely event of the error being spotted, the ploy seems to be one of "plausible deniability."0 -
Habeas corpus might be a suitable defense
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