Wrong (better) item received from that ordered - what's the legal position?

loobytoo

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

[Deleted User]

No. You're entitled to return it and get a refund, or possibly to pay the extra and keep it, if you would prefer.

Aylesbury_Duck

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

Undervalued

Aylesbury_Duck said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

To be fair I think the OP was meaning that they considered it dishonest of the retailer to take their money for an item that was out of stock when they said "So basically, they sold me a bike that they dont have".

pinkshoes

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

You could offer to pay the extra and keep the bike you have been sent? Perhaps at a discount as a good will gesture to save them collecting it?

Legally it's not yours as it is a mistake, but you should not be inconvenienced at having to have it collected. 

If they haven't go the bike in stock then you're entitled to a full refund. Not really dishonestly. Just an admin error. It happens sometimes. 

Aylesbury_Duck

Undervalued said:

Aylesbury_Duck said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

To be fair I think the OP was meaning that they considered it dishonest of the retailer to take their money for an item that was out of stock when they said "So basically, they sold me a bike that they dont have".

Possibly, but it's also possible it was in stock when ordered, but subsequently became out of stock by the time OP had received the wrong bike and contacted them.  Even if it was out of stock, I wouldn't say they'd been dishonest.  It's simply a mistake.  If they had dishonest intentions, I don't think they'd send out a more expensive bike, they'd just send an inferior one or not send one at all.

born_again

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

You could ask (nicely) that given the one you wanted is now out of stock, would they be prepared to let you keep this bike at a discount, given that they are going to have to pay a courier to pick it up.
You never know, they may just go for that.

Undervalued

Aylesbury_Duck said:

Undervalued said:

Aylesbury_Duck said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

To be fair I think the OP was meaning that they considered it dishonest of the retailer to take their money for an item that was out of stock when they said "So basically, they sold me a bike that they dont have".

Possibly, but it's also possible it was in stock when ordered, but subsequently became out of stock by the time OP had received the wrong bike and contacted them.  Even if it was out of stock, I wouldn't say they'd been dishonest.  It's simply a mistake.  If they had dishonest intentions, I don't think they'd send out a more expensive bike, they'd just send an inferior one or not send one at all.

I certainly agree with your first sentence. However if they took the money knowing it was not in stock then in my view that is morally dishonest at least!

It is of course possible they simply mixed up two orders and have sent the OP's bike to the buyer of the more expensive one.

Obviously the OP has no legal right to keep the more expensive bike but they can certainly make the retailer do all the running around to sort it out!

Ergates

Undervalued said:

Aylesbury_Duck said:

Undervalued said:

Aylesbury_Duck said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

To be fair I think the OP was meaning that they considered it dishonest of the retailer to take their money for an item that was out of stock when they said "So basically, they sold me a bike that they dont have".

Possibly, but it's also possible it was in stock when ordered, but subsequently became out of stock by the time OP had received the wrong bike and contacted them.  Even if it was out of stock, I wouldn't say they'd been dishonest.  It's simply a mistake.  If they had dishonest intentions, I don't think they'd send out a more expensive bike, they'd just send an inferior one or not send one at all.

I certainly agree with your first sentence. However if they took the money knowing it was not in stock then in my view that is morally dishonest at least!

It is of course possible they simply mixed up two orders and have sent the OP's bike to the buyer of the more expensive one.

Obviously the OP has no legal right to keep the more expensive bike but they can certainly make the retailer do all the running around to sort it out!

Yes, but is that likely?   What would they have to gain by doing that, aside from annoying a potential customer?  It's not like they were going to get to keep the money - this way they'll have actually lost money (they'd have to pay their payment processor for the initial payment *and* for the refund) and probably lost a sale.

So, Occam's razor strongly points to it being a mistake.

Ergates

born_again said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

You could ask (nicely) that given the one you wanted is now out of stock, would they be prepared to let you keep this bike at a discount, given that they are going to have to pay a courier to pick it up.
You never know, they may just go for that.

That would probably depend on the price difference on the 2 bikes - If the OP ordered a £400 bike they're not going to be very interested in letting him keep a £8000 bike.

Sandtree

Undervalued said:

Aylesbury_Duck said:

Undervalued said:

Aylesbury_Duck said:

loobytoo said:

I ordered a bike from an online bike retailer. The company sent me an email saying it was being built. Then another saying it had been dispatched.
Then i received the parcel but it was not the bike I'd ordered. It was a much better bike.

I contacted the company straight away and they said it had been sent in mistake and would send a courier to collect it. 
I asked when the one i ordered wouldnbe delivered and they said it was out of stock.
So basically, they sold me a bike that they dont have.

This dishonesty has really annoyed me - particularly when i was honest with them about the wrong bike delivery.

What's the legal situation here? Am i entitled to keep the bike that was delivered without paying any more for it?

Firstly, they haven't been dishonest, they've made a mistake.  Secondly, you don't get credit or extra rights for being honest yourself - it's a minimum expectation.  Had you kept quiet and used the bike, and the retailer subsequently realised their mistake, you'd probably face a bit of hassle unwinding it all.

And no, legally, you're not entitled to keep the bike they sent unless the retailer gives you permission to do so.  It's a well-trotted-out response to these situations, but I'll ask anyway: If they'd sent a bike of lesser value by mistake, and you didn't notice for a while, would you be happy or would you expect a partial refund or exchange for the bike you paid for?

To be fair I think the OP was meaning that they considered it dishonest of the retailer to take their money for an item that was out of stock when they said "So basically, they sold me a bike that they dont have".

Possibly, but it's also possible it was in stock when ordered, but subsequently became out of stock by the time OP had received the wrong bike and contacted them.  Even if it was out of stock, I wouldn't say they'd been dishonest.  It's simply a mistake.  If they had dishonest intentions, I don't think they'd send out a more expensive bike, they'd just send an inferior one or not send one at all.

I certainly agree with your first sentence. However if they took the money knowing it was not in stock then in my view that is morally dishonest at least!

Well, the emphasised word is very relevant but it also depends what they stated the position was at the time of sale. 

Other than AO, no one in the UK holds stock of Miele large appliances and that includes Miele UK themselves... some do show a stock status but that is Miele Germany's position. Plenty of other items are effectively drop shipped or ordered on request rather than being held in stock.

Given the mix up there are plenty of scenarios where they didnt knowingly make a sale that they couldnt fulfil, which is possibly slightly more relevant than if its "in stock" and where such stock is.