Additional item included in an order - do I have to pay for it?

BooJewels

I placed an order for 4 items a few days ago and they were delivered today.  The emailed delivery note listed the items I ordered plus an inexpensive free promotional item - with a colour specified.  It would appear that the packer has mis-read the delivery note/picking list and has included an additional item related to the items I ordered, but in the same colour as the promotional item.  

I was [I now think mistakenly] thinking that unsolicited items delivered could be treated as a gift and retained.  But as I am honest and this didn't feel comfortable to me, I emailed the supplier, 'out of courtesy' to advise of the error so that they could adjust their stock levels and perhaps take measures to ensure that it can't happen again quite so easily.

They have replied that I can either pay for the additional item with details of how to do so or return it.  They said it would be at a discounted price, but didn't specify how much, its usual retail price is around £25.

Looking at the Consumer Rights Legislation, it looks like they might be right - I should either reject the entire order or if I accept it, pay for any additional items.  But that seems in respect of too many of something ordered.  Plus it seems like it definitely favours the supplier, in that it gives them free rein to send too much stuff out then demand payment for it - which doesn't seem quite right either.  This isn't an item I actually ordered - granted, it's related and I can potentially use it in future as it's a consumable item, but I had no intention of buying one at this time as I don't need it just now.

Before I fire a reply back, can someone please clarify for me.  Most articles on consumer matters concern themselves with non-delivery or broken or unsatisfactory items and the like.  Thank you.

Okell

If you don't want it, ask them for a pre-paid returns label and send it back to them.  Or arrange for them to collect it.

You can't just keep it because they sent it to you by mistake, but it's their responsibility (not yours) either to collect it or pay for its return

mebu60

Why do you have to reject the entire order? It's their error. If you don't want the item ask them how they want it returned at their expense. At that value you'd think they'd just say 'keep it'. 

screech_78

It’s not unsolicited. That would only be the case if you didn’t have any relationship with the retailer at all and had been sent something out of the blue. 

They are correct that if you want to keep it, you should pay for it. They should make arrangements for the return, you shouldn’t have to go out of your way to get it back to them. Of course, some retailers may allow you to keep the item free of charge but there’s no obligation for them to do so. 

born_again

If you want to return it, ask them for a returns label so you can return at no cost to yourself.
If you want to keep & they give a discount, bonus.
If not choose 1st answer.

BooJewels

Okell said:

If you don't want it, ask them for a pre-paid returns label and send it back to them.  Or arrange for them to collect it.

You can't just keep it because they sent it to you by mistake, but it's their responsibility (not yours) either to collect it or pay for its return

That's the option I am likely to go for, but it's still inconvenience if I have to go to the post etc.

BooJewels

mebu60 said:

Why do you have to reject the entire order? It's their error. If you don't want the item ask them how they want it returned at their expense. At that value you'd think they'd just say 'keep it'. 

I think I've mis-read/misinterpreted the legislation wording in respect of the 'wrong quantity':

"(2)Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply, the consumer may accept the goods included in the contract and reject the rest, or may reject all of the goods.

(3)Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply and the consumer accepts all of the goods delivered, the consumer must pay for them at the contract rate."

I'm a smidge niggled about their tone over it to be honest, as I offered up that I'd received the extra item, as my conscience wouldn't do otherwise.  The mistake is entirely theirs, yet they seem a bit sniffy about it.

BooJewels

screech_78 said:

It’s not unsolicited. That would only be the case if you didn’t have any relationship with the retailer at all and had been sent something out of the blue. 

They are correct that if you want to keep it, you should pay for it. They should make arrangements for the return, you shouldn’t have to go out of your way to get it back to them. Of course, some retailers may allow you to keep the item free of charge but there’s no obligation for them to do so. 

The bit in bold is where I think I'd formed the wrong impression - I hadn't made that distinction.  I think on principle, I'll send it back - I hadn't planned that expenditure this month, so don't see why I should be forced into it due to an error by someone else.  

eskbanker

BooJewels said:
I'm a smidge niggled about their tone over it to be honest, as I offered up that I'd received the extra item, as my conscience wouldn't do otherwise.  The mistake is entirely theirs, yet they seem a bit sniffy about it.

By your own admission, you were messaging them while under the impression that you were doing them some sort of favour and that you had the right to keep the extra item as a gift, so it's difficult for anyone to comment on tone without seeing the messages concerned!

BooJewels

born_again said:

If you want to return it, ask them for a returns label so you can return at no cost to yourself.
If you want to keep & they give a discount, bonus.
If not choose 1st answer.

Their email has a rather sniffy tone, which is irritating me a bit - like they're doing me a favour letting me pay for it (it reads a bit like they've caught me shop lifting, but if I pay for the goods, they'll say no more about it) - they haven't said what price I should pay - just given their bank details - I'm certainly not paying full retail price.  They've said if I want to return it, to let them know and they'll send instructions.

BooJewels

eskbanker said:

BooJewels said:
I'm a smidge niggled about their tone over it to be honest, as I offered up that I'd received the extra item, as my conscience wouldn't do otherwise.  The mistake is entirely theirs, yet they seem a bit sniffy about it.

By your own admission, you were messaging them while under the impression that you were doing them some sort of favour and that you had the right to keep the extra item as a gift, so it's difficult for anyone to comment on tone without seeing the messages concerned!

Fair comment, I did think I was entitled to keep it at the time of my message and said that I was advising them out of courtesy to account for the erroneous item in their stock levels and I outlined how I thought the error had occurred, so they could mitigate it happening again, but it was perfectly civil and I sent a photo as proof.  I didn't say that I intended keeping it, but neither did I ask how to rectify the error.