received an item sent by mistake

tightauldgit

sofronia said:

tightauldgit said:

sofronia said:

DullGreyGuy said:

How bulky is bulky? Is it really impractical to drop it off?

It sounds like its goods you ordered and attempted to cancel rather than being unsolicited goods etc

it is over 20kgs, i am unable to manoeuvre it.
this is a non unsolicited goods, i have no intention to keep it at all. but i believe sender has to arrange collection at their cost and no inconvenience to me. 
they insist a weekday collection, this will cause me inconvenience and money off work. 

It's not unsolicited if you ordered it - the fact that you cancelled it doesn't necessarily change that.  You'd need to look at the specifics to see when and how you cancelled and how the seller dealt  with it and what was reasonable. 

If you've changed your mind about the order and want to cancel the contract then it may well be that you will have to return the item at your expense since it's now in your possession. And no, collections don't have to be 'at no inconvenience to yourself' it's up to you to make the item available to be collected and I'm not sure insisting on it being collected at the weekend would be considered reasonable. 

Based on the info you've given us it's hard to say but it does seem like you might have some unreasonable expectations of what suppliers must and can do. 

If you can show the seller has been negligent then you might well have a case to recover any costs that you've incurred including if you had to take time off work unpaid but if it's just a case of you ordering something, changing your mind but not intercepting the order before it's been sent out then I don't think you would have much of a claim.  

the cancellation and refund were completed on the same day just few hours after i placed the order, but the courier delivered the next day.  

Ok, well it doesn't sound like unsolicited goods at all then. You ordered it, they sent it out, then you cancelled it, but it had already been processed. It's a change of mind refund so you should pay to return the item - if they're willing to collect it you should be reasonable in accommodating them. If you need a weekend collection, then tell them you are willing to pay the extra for the weekend collection. If not then you can always arrange your own courier at your own cost to collect at a time that suits you. 

tightauldgit

user1977 said:

"Going legal" would be much more expensive for them than just picking the thing up.

They can only pick it up if the customer makes it available for collection. Which so far they appear to be refusing to do. 

Of course they probably could arrange a weekend collection and then charge the customer the total cost of the collection - but when they get a bill for half the price of the item they'd complain about that too wouldn't they? 

user1977

tightauldgit said:

user1977 said:

"Going legal" would be much more expensive for them than just picking the thing up.

They can only pick it up if the customer makes it available for collection. Which so far they appear to be refusing to do. 

Of course they probably could arrange a weekend collection and then charge the customer the total cost of the collection - but when they get a bill for half the price of the item they'd complain about that too wouldn't they? 

My point was that the retailer paying for the weekend collection is going to be cheaper and provide a more certain (and quicker) solution than legal action.

tightauldgit

user1977 said:

tightauldgit said:

user1977 said:

"Going legal" would be much more expensive for them than just picking the thing up.

They can only pick it up if the customer makes it available for collection. Which so far they appear to be refusing to do. 

Of course they probably could arrange a weekend collection and then charge the customer the total cost of the collection - but when they get a bill for half the price of the item they'd complain about that too wouldn't they? 

My point was that the retailer paying for the weekend collection is going to be cheaper and provide a more certain (and quicker) solution than legal action.

Possibly but if from their point of view the customer is being awkward and non-cooperative then it may simply be adding more costs to have to be recovered in future anyway if it does inevitably have to go to court. 

I'm never quite sure how many threats of going legal actually convert to court hearings but some of them must, right? 

MattMattMattUK

cymruchris said:

sofronia said:

cymruchris said:

Who was at home when it was delivered? Could the same person not be at home for collection? I'm guessing it was delivered on a weekday? (If you'd originally PAID for Saturday delivery - there might be an argument to say they have to arrange a Saturday collection - but I imagine it was a regular weekday delivery)

Could a trustworthy friend/neighbour look after a key with a note on your door to say 'Delivery/courier driver please call 07XXXXXX' so they then pop over, open the door and can collect it? (You wouldn't write on the note 'if you're here to collect my parcel call 07XXXXXX obviously)

You haven't said what the item is - is there a safe place outside (around the back/side of the house) where again a friend might help you position it for collection?

If it was delivered on a weekday - I can't see them offering a weekend collection as that's usually a premium price. (Even if it was their error).

As a suggestion to resolve the impasse - If you WANT a weekend collection, as that suits your upcoming schedules more - you could ask them how much extra it is so you can pay the difference (and only the difference) so that you can get what you want, and they get the item returned. There's nothing I know of that would make you 'entitled' to a weekend collection.

If the item is still packed up, you could also book your own courier to get it sent back, collecting from you on a Saturday just so you can get the item back and your money refunded. This would be at your cost.

my family member, who doesnt live in the area, was visiting me at that time during the delivery.

 while for the order i did paid for a Saturday delivery, but it got delivered on a weekday instead.

the item is an electric appliance over 20kg, no safe place to leave at, no neighbour is willing to be involved.

my money has already been refunded, i simply want a way to return it without me having day off from work, and not at my cost.

If you actually PAID for a Saturday delivery - then that might give you a bit of leverage for a Saturday collection.

user1977 said:

tightauldgit said:

user1977 said:

"Going legal" would be much more expensive for them than just picking the thing up.

They can only pick it up if the customer makes it available for collection. Which so far they appear to be refusing to do. 

Of course they probably could arrange a weekend collection and then charge the customer the total cost of the collection - but when they get a bill for half the price of the item they'd complain about that too wouldn't they? 

My point was that the retailer paying for the weekend collection is going to be cheaper and provide a more certain (and quicker) solution than legal action.

Of all the normal couriers I use for work, they all offer Saturday delivery, none offer collection on a Sunday, their issue may be that it is not possible. 

the_lunatic_is_in_my_head

Worth noting a lot of online retailers state a contract is formed upon dispatch and if an order is "cancelled" before a contract is formed this is not the same as cancelling under the regulations. In such an instance the customer would simply be withdrawing their offer and no contract would be formed making someone who received the goods in this scenario an involuntary bailee. 

How that relates to the OP would depend on the terms of the place they purchased from and the exact timeframes of communication. 

Everything is about reasonableness, if OP is working in somewhere like an Amazon warehouse I doubt they can simply take a day off because. 

Without specifics it's hard to comment further.