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The Wrong Hamper - who pays?

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).

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,284 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mary should attend her nearest police station and turn herself in to PC McGarry for theft of some brie.
  • Westin
    Westin Posts: 6,425 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Betty should be told to quickly eat all the evidence and ensure she wipes her mouth of crumbs before Plod arrive.
  • Murphybear
    Murphybear Posts: 8,209 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Good idea for a Wallace and Gromit film 

    says Wallace -“Gromit lad, there’s no Wensleydale, they must have sent the wrong hamper”  :disappointed:
  • IvanOpinion
    IvanOpinion Posts: 22,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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!
  • 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?


  • JosephK
    JosephK Posts: 284 Forumite
    Tenth Anniversary 100 Posts Name Dropper
    Westin said:
    Betty should be told to quickly eat all the evidence and ensure she wipes her mouth of crumbs before Plod arrive.
    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.

    As to the hamper, in the unlikely event of the error being spotted, the ploy seems to be one of "plausible deniability."
  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 10 May 2021 at 4:08PM
    Habeas corpus might be a suitable defense :wink:
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