Can I keep this item?

1235

Comments

  • Jennym254 said:
    Hello OP

    A lot of online places state a contract is formed upon dispatch, if that's the case in this situation you've become an involuntary bailee.

    You would have an obligation to take care of he goods and notify the owner (the seller) you have their goods for then to collect. It's recommended to notify them twice, they should have provided a physical address to which you can write an old fashioned letter.  

    If after this they don't collect you may sell the goods for a fair market value, deduct any selling costs and then if the seller ever came looking you'd instead pass them the money. As more time passes the likelihood of them appearing obviously reduces. 

    If a contract was formed upon payment this would fall under standard cancellation regulations where you would return the goods (unless the seller has offered to collect them). If the sellre wishes for you to pay the cost of return they'd have to advise you of this via a durable medium (email, paper with the goods, etc) as part of the required information. 

    If you are involuntary bailee it is a thankless experience that sadly offers nothing but inconvenience. :) 

    Edited to add, you can't claim any storage costs as suggested above, unless it's something like a hot tub and you have to pay to put it in storage because you simply can't store it :) 
    Thank you, another good response.  Sadly no physical address on their website, no phone number either.  I’ve done what I can to contact them and advise that they need to collect.  So far no response. Trustpilot may be the next way of trying to get their attention. Shockingly this company is (or was) backed by Dragons Den (I actually saw the programme) so I would have expected better.
    If you've ordered at a distance they should be providing a physical address, it may be their lackadaisical attitude ultimately benefits you a free item which would be a nice bonus, just best to cover yourself as per the above best you can first :)   
  • 400ixl
    400ixl Posts: 2,771 Forumite
    First Anniversary First Post Name Dropper
    Simplest answer has been given. When the courier tries to deliver, refuse to accept it and tell them to return to sender. No hassle for you in having to return it and no moral dilemma about what to do with it.

  • Hi,
    Jennym254 said:
    I’m really glad I cancelled the order.
    if you hadn't cancelled you wouldn't now be in a quandary.

    If I hadn’t cancelled I would have been going spare asking why my order hadn’t been delivered in August. I appear to be in a no win no win situation.
  • 400ixl said:
    Simplest answer has been given. When the courier tries to deliver, refuse to accept it and tell them to return to sender. No hassle for you in having to return it and no moral dilemma about what to do with it.

    Have you not noticed that the majority of courier drivers simply dump parcels in front of your door and scarper? 
  • Jennym254 said:
    Hello OP

    A lot of online places state a contract is formed upon dispatch, if that's the case in this situation you've become an involuntary bailee.

    You would have an obligation to take care of he goods and notify the owner (the seller) you have their goods for then to collect. It's recommended to notify them twice, they should have provided a physical address to which you can write an old fashioned letter.  

    If after this they don't collect you may sell the goods for a fair market value, deduct any selling costs and then if the seller ever came looking you'd instead pass them the money. As more time passes the likelihood of them appearing obviously reduces. 

    If a contract was formed upon payment this would fall under standard cancellation regulations where you would return the goods (unless the seller has offered to collect them). If the sellre wishes for you to pay the cost of return they'd have to advise you of this via a durable medium (email, paper with the goods, etc) as part of the required information. 

    If you are involuntary bailee it is a thankless experience that sadly offers nothing but inconvenience. :) 

    Edited to add, you can't claim any storage costs as suggested above, unless it's something like a hot tub and you have to pay to put it in storage because you simply can't store it :) 
    Thank you, another good response.  Sadly no physical address on their website, no phone number either.  I’ve done what I can to contact them and advise that they need to collect.  So far no response. Trustpilot may be the next way of trying to get their attention. Shockingly this company is backed by all five of the dragons on Dragons Den (I actually saw the programme) so I would have expected better.

    Just checked their website, they have an email address, a contact form, a live chat and also an address listed.
    They are also on Facebook and X (twitter).
  • Jennym254
    Jennym254 Posts: 44 Forumite
    First Post First Anniversary Combo Breaker
    edited 21 October 2023 at 6:38PM
    Jennym254 said:
    Hello OP

    A lot of online places state a contract is formed upon dispatch, if that's the case in this situation you've become an involuntary bailee.

    You would have an obligation to take care of he goods and notify the owner (the seller) you have their goods for then to collect. It's recommended to notify them twice, they should have provided a physical address to which you can write an old fashioned letter.  

    If after this they don't collect you may sell the goods for a fair market value, deduct any selling costs and then if the seller ever came looking you'd instead pass them the money. As more time passes the likelihood of them appearing obviously reduces. 

    If a contract was formed upon payment this would fall under standard cancellation regulations where you would return the goods (unless the seller has offered to collect them). If the sellre wishes for you to pay the cost of return they'd have to advise you of this via a durable medium (email, paper with the goods, etc) as part of the required information. 

    If you are involuntary bailee it is a thankless experience that sadly offers nothing but inconvenience. :) 

    Edited to add, you can't claim any storage costs as suggested above, unless it's something like a hot tub and you have to pay to put it in storage because you simply can't store it :) 
    Thank you, another good response.  Sadly no physical address on their website, no phone number either.  I’ve done what I can to contact them and advise that they need to collect.  So far no response. Trustpilot may be the next way of trying to get their attention. Shockingly this company is backed by all five of the dragons on Dragons Den (I actually saw the programme) so I would have expected better.

    Just checked their website, they have an email address, a contact form, a live chat and also an address listed.
    They are also on Facebook and X (twitter).
    Live chat doesn’t work, I can’t see the address on the website but I’ll check again.  I’ve emailed all three of their email addresses with no reply.  Their Facebook message box is unmonitored and states to email them. X is somewhere I hadn’t tried, I’ll take a look, thanks.
    Edit : X last post 2021 😖
  • elsien
    elsien Posts: 32,643 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 21 October 2023 at 6:41PM
    It's the Nottingham address showing on Companies House.
    MOOD BEARS LIMITED overview - Find and update company information - GOV.UK (company-information.service.gov.uk)

    He is also a director of a garden nursery whose website does have a contact number...
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Grumpy_chap
    Grumpy_chap Posts: 14,843 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    The company seem to have an e-mail on their website:
    contact us on info@moodbears.com 

    Plus, live chat is currently working as I write this post.
  • The company seem to have an e-mail on their website:
    contact us on info@moodbears.com 

    Plus, live chat is currently working as I write this post.
    They have three email addresses -info@moodbears.com, info@moodbears.co.uk and moodbears@tomy.com - none of these are giving me even an automated reply.

    I asked live chat if they could please respond to my emails and got -

    Hi, we’re not currently online. So please send any info that will help us best assist you. We'll respond as soon as we can via the contact information you provided.
    Automated • 20:10

    This is not the 24/7 support promised by the website.
  • McKneff
    McKneff Posts: 38,819 Forumite
    Name Dropper First Anniversary First Post
    All you need to do is refuse delivery. 
    Simple as that . Ask the delivery man for a reference no. 

    No inconvenience there eh
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
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