I received better product than I order ,Can I keep it ?

Themix

 

Dear all,

Last Sunday, I order a new coffee machine for Christmas but arrived the wrong model of coffee machine( much better model and different capsules intake ) than the one that I ordered. I call the company to notify them about this incident and asked them to send me the right one before Christmas and if has not arrived before, I will use the one that I have received until to send the replacement. Can I do this or keep this model? Also, they told me to collect it before Christmas and send the new machine before Christmas. I do not believe that will happen.

 

Thank you in advance and Merry Christmas to everyone.

powerful_Rogue

Themix said:

 

Dear all,

Last Sunday, I order a new coffee machine for Christmas but arrived the wrong model of coffee machine( much better model and different capsules intake ) than the one that I ordered. I call the company to notify them about this incident and asked them to send me the right one before Christmas and if has not arrived before, I will use the one that I have received until to send the replacement. Can I do this or keep this model? Also, they told me to collect it before Christmas and send the new machine before Christmas. I do not believe that will happen.

 

Thank you in advance and Merry Christmas to everyone.

Of course you can't do that. If you do, you'll very likely be charged for both machines.

Aylesbury_Duck

Unfortunately, you can't hold them to ransom like that.  They've made an error, you've notified them and they're entitled to correct it.  You're not entitled to keep the wrong machine, or use it until they send the correct one.  Christmas timing is irrelevant.

bris

By using it you are accepting it, they can bill you for it.

With the machine you have you are an involuntary baillee, which mean.s you are responsible for it until it;s collected, any it's your responsibility to look after it, using it will breach that and make you liable for it.

They need to make reasonable requests to collect it, you don't need to send it back but do need to make it available for collection.

the_lunatic_is_in_my_head

There are two views on this OP, either as above the goods are sent in error and you are an involuntary bailee, whilst this may place a responsibility to take care of the goods and restore them to the owner if you fail to do so they can't physically force the goods to be restored, only seek to recover their losses.

If you were an involuntary bailee and the sale was off-premises or at a distance (not in a shop for the most part) you'd be entitled to cancel your original order and if you want to keep the current machine you have could offer them the extra.  

They have a cost in collecting and it's reasonable if you didn't notice the difference until the goods were opened so depending upon your negotiating skills and the common sense of he company you might be able to come to an agreement somewhere between the two prices. 

The other view is that the goods do not conform to the contract and you'd have the right to a repair or replacement, whilst you have additional rights (such as a refund or price reduction) these can only be exercised in certain situations and I don't think the lack of a coffee machine would be classed as significant inconvenience nor that the current timeframes are unreasonable. 

I think the line between involuntary bailee and goods not conforming to the contract is a grey area but (for what my opinion is worth) I would fall on the side of it being that the goods do not conform, with such a view if you used the machine the retailer would still have to provide a remedy, whether they'd have a successful chance of seeking damages I don't know.

Ultimately if you want the current machine offer them a bit of extra money to keep it   

mattyprice4004

I’d be using it if I had given them reasonable time to sort out an exchange - at the end of the day I didn’t buy a coffee machine to leave it sitting in a box at Christmas while I have to make coffee by hand. 

If you gave them a couple of days to sort it then that’s a little different - but if they’ve had weeks I’d crack on with the new one then give it back to them used. 

photome

mattyprice4004 said:

I’d be using it if I had given them reasonable time to sort out an exchange - at the end of the day I didn’t buy a coffee machine to leave it sitting in a box at Christmas while I have to make coffee by hand. 

If you gave them a couple of days to sort it then that’s a little different - but if they’ve had weeks I’d crack on with the new one then give it back to them used. 

It was only ordered last Sunday

TripleH

How much of a difference are we talking here?

You ordered a £35 machine but got a £450 or you ordered a £300 machine but got a £325?

Agree, until you get confirmation best not to use it incase they collect. If it is the latter they may well tell you to keep it, the former might be different. Remember it's working days for a response so things will take longer this time of year.

Themix

TripleH said:

How much of a difference are we talking here?

You ordered a £35 machine but got a £450 or you ordered a £300 machine but got a £325?

Agree, until you get confirmation best not to use it incase they collect. If it is the latter they may well tell you to keep it, the former might be different. Remember it's working days for a response so things will take longer this time of year.

Hi 

I ordered the machine with new capsules Vertuo around 220 pounds and the send the machine with old capsules but the pro roughly 675 pounds . 
Also , the send me new one before Christmas but i did not work too !

Themix

photome said:

mattyprice4004 said:

I’d be using it if I had given them reasonable time to sort out an exchange - at the end of the day I didn’t buy a coffee machine to leave it sitting in a box at Christmas while I have to make coffee by hand. 

If you gave them a couple of days to sort it then that’s a little different - but if they’ve had weeks I’d crack on with the new one then give it back to them used. 

It was only ordered last Sunday

photome said:

mattyprice4004 said:

I’d be using it if I had given them reasonable time to sort out an exchange - at the end of the day I didn’t buy a coffee machine to leave it sitting in a box at Christmas while I have to make coffee by hand. 

If you gave them a couple of days to sort it then that’s a little different - but if they’ve had weeks I’d crack on with the new one then give it back to them used. 

It was only ordered last Sunday

photome said:

mattyprice4004 said:

I’d be using it if I had given them reasonable time to sort out an exchange - at the end of the day I didn’t buy a coffee machine to leave it sitting in a box at Christmas while I have to make coffee by hand. 

If you gave them a couple of days to sort it then that’s a little different - but if they’ve had weeks I’d crack on with the new one then give it back to them used. 

It was only ordered last Sunday

They replace the machine before Christmas but I did not work had some problem and I did not have coffee!! 
What shall I do? Shall I use the other machine or not?

JJ_Egan

(What shall I do? Shall I use the other machine or not? )

Not if you want to return it and Not if you do not want to be chased for payment .