Home > Ask Our Experts > Legally, Can I Keep the Second Laptop?

Legally, Can I Keep the Second Laptop?

By: Lucy Debenham BA (hons) - Updated: 19 Nov 2017 | comments*Discuss
 
Legally, Can I Keep The Second Laptop?

Q.

I recently bought a laptop online and the website failed to deliver on time, they sent the item the following day BUT the day after that they also delivered another one!

My friend told me that after a certain amount of time the company would be unable to reclaim the item and it would legally be mine.

Is this true or is it just cheeky, wishful thinking?

(Miss J Scanlan, 17 December 2008)

A.

Since 2000, the regulations surrounding this type of occurrence have changed somewhat. Before 1st November 2000, the law stated that the company that sent out any unsolicited goods received before this date had to be notified. The sender was then responsible for collecting the items within 30 days. After six months the receivers would be able to claim the unsolicited goods as their own.

Essentially, because you have not ordered the goods, they could be viewed as unsolicited goods, which is where the changes to the above statement become relevant. The Department Business Enterprise and Regulatory Reform (BERR) states that under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited”. This basically means that if you have received items without previously requesting them, you cannot be billed for the items. You did not choose to enter into a contract with the seller to receive or pay for this item. Because you had actually ordered goods from the company and they sent you extra items in error, you have a duty to return them as they're not strictly unsolicited

No Obligation to Pay for Return

As the receiver, you have no obligation to pay for the return costs of the goods if they are unwanted. If the company does demand payment for return costs, report them to your local Trading Standards Department.

Inform the company of the mistake, and wait to hear back from them. They should send you details of how to return the item with minimal inconvenience and no cost.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Liz - Your Question:
Hi,I ordered two rugs from Asda, one was delivered but the other was apparently not on the delivery van. I rang Asda and they contacted the courier and advised it was lost so they dispatched another. Later the same day the original rug got delivered to a neighbour. We then also received the second rug but again delivered to a neighbour (so I couldn’t reject it) I’ve contacted Asda to arrange collection and they advise they can only collect midweek and only give a 8-6pm slot.I am at work all week so have advised I would need weekend collection, which they’ve said they don’t do. I also don’t have an Asda within several miles.Is it reasonable to expect them to arrange weekend collection? What are my rights?Many thanks

Our Response:
Can you not arrange to leave it somewhere to be picked up for collection? If you goods were sent twice due to retailer error,you be able to return them free of charge and without inconvenience to yourself. Contact Asda customer services and explain that it's not convenient to have it collected midweek and as it's not your error, you cannot take time off work etc.
OnlineShoppingRights - 20-Nov-17 @ 12:34 PM
Hi, I ordered two rugs from Asda, one was delivered but the other was apparently not on the delivery van. I rang Asda and they contacted the courier and advised it was lost so they dispatched another. Later the same day the original rug got delivered to a neighbour. We then also received the second rug but again delivered to a neighbour (so I couldn’t reject it) I’ve contacted Asda to arrange collection and they advise they can only collect midweek and only give a 8-6pm slot. I am at work all week so have advised I would need weekend collection, which they’ve said they don’t do. I also don’t have an Asda within several miles. Is it reasonable to expect them to arrange weekend collection? What are my rights? Many thanks
Liz - 19-Nov-17 @ 11:45 AM
Gary - Your Question:
I had, what I presume is a new phone, sent to an unknown person at my address about 4 months ago. There was also a separate letter that was delivered to my house. I still haven't opened it as I presumed the company who sent it would have got back to me to ask for it back, or even the lady who's name was on the package. Neither have. What do I do now?

Our Response:
You should have contacted the company that sent it at the time. They clearly put the wrong address on, so may not have realised where it was sent (in order to get it back). It's not an unsolicited item because it wasn't addressed to you. In these cases you should always, either contact the sender, or simply put not "known at this address, return to sender" on and take it to a post office/put it in a letter box.
OnlineShoppingRights - 3-Nov-17 @ 10:46 AM
I had, what I presume is a new phone, sent to an unknown person at my address about 4 months ago. There was also a separate letter that was delivered to my house. I still haven't opened it as i presumed the company who sent it would have got back to me to ask for it back, or even the lady who's name was on the package. Neither have. What do I do now?
Gary - 2-Nov-17 @ 7:26 AM
Jonathan - Your Question:
Hi,I recently ordered some trainers from New Balance which came the following week. I have ran in them and very much intend to keep on using them!However, I have since received a duplicate order that I have not paid for or requested in anyway. I am happy to get in touch with them for them to pick it up but since I work 6 days a week is there a timeframe I'm allowed to enforce? i.e. As a customer we have "30 days" to return goods - is there something similar from my end?Thanks.

Our Response:
Just give the retailer a call or email them. They should be able to provide you with an easy/convenient option for returning them (eg. via a local store with late opening, or collection from your workplace etc). If they can't do this - they may let you keep them!!
OnlineShoppingRights - 19-May-17 @ 2:41 PM
Hi, I recently ordered some trainers from New Balance which came the following week. I have ran in them and very much intend to keep on using them! However, I have since received a duplicate order that I have not paid for or requested in anyway. I am happy to get in touch with them for them to pick it up but since I work 6 days a week is there a timeframe I'm allowed to enforce? i.e. As a customer we have "30 days" to return goods - is there something similar from my end? Thanks.
Jonathan - 18-May-17 @ 7:41 PM
brownK - Your Question:
I ordered an item from Debenhams which did not arrive. I contacted them and they said it was lost in transit so sent a new one, my neighbor then delivered it to me 3 days later so I now have two of the item. Am I obliged to return it?

Our Response:
Yes you should return these unless Debenhams say you can keep them.
OnlineShoppingRights - 13-Dec-16 @ 11:48 AM
I ordered an item from Debenhams which did not arrive. I contacted them and they said it was lost in transit so sent a new one, my neighbor then delivered it to me 3 days later so I now have two of the item. Am I obliged to return it?
brownK - 11-Dec-16 @ 6:32 PM
I ordered school uniform from the specific school supplyer in Mid august. It finally arrived after 5/6 weeks which was a month last beer than it should have been. I contacted them several times as the uniform did not arrive before the start of school. I got no reply at any point and the phones were not answered on any of the dozens of occasions we rang. The order was incomplete when it did arrive so I contacted them yet again. I then got the additional item separately. A week later the whole order was sent again. I have contacted them by email and phone and tried to return the items via the school (which the company does not accept we are told). Where do I stand on keeping or selling these items? I do not want to post them back at my own cost as the chances of getting my money back are slim.
Jc33 - 29-Nov-16 @ 5:52 PM
@Maria72 report them to Trading Standards. Asking for your details does not constitute an agreement.
Online Shopping Righ - 29-Nov-16 @ 11:55 AM
I went on to lux style international to look at eye products to do this I had to give them my name and address. I didn't order anything but then 1 week later I received an email saying my order had been shipped along with an inovice for £64. I emailed them and said I had not ordered this and to send me a prepaid envelope for return.They said that it was my responsibility to return the item at my expense. Where do i stand with this?
Maria72 - 13-Nov-16 @ 4:23 PM
Hi I ordered good from a catalogue which I received. Then a couple of days later I received another delivery with the same order. Only the first delivery has been charged to my account. Can I keep them?does this count as unsolicited items as I didn't order this second delivery?
Dt1992 - 23-Oct-16 @ 11:50 AM
If i ordered a toy to collect from store, then at home when opening box there was 5 extra despite all paperwork stating one are these unsolicited goods?
Quick Question - 12-Oct-16 @ 9:19 PM
Is it mine now? - Your Question:
HelloQuick question, we have recently bought a new TV which had a minor fault, we reported and was given a replacement. However due to issues regarding delivery we now have two TVs. We have contacted Tescos to arrange another pick up but hear nothing in reply. It's been 3 months can we now accept this TV as part of our home?

Our Response:
Send a letter saying you have had this in your property for 3 months and if it's not collected (within a certain date), will dispose of it accordingly. After that date,just keep it. Here's the address for Tesco:
Tesco Direct Customer Service
PO Box 73
Baird Avenue
Dryburgh Industrial Estate
DD1 9NF
OnlineShoppingRights - 12-Jul-16 @ 2:23 PM
Hello Quick question, we have recently bought a new TV which had a minor fault, we reported and was given a replacement. However due to issues regarding delivery we now have two TVs. We have contacted Tescos to arrange another pick up but hear nothing in reply. It's been 3 months can we now accept this TV as part of our home?
Is it mine now? - 10-Jul-16 @ 7:51 PM
I upgraded my phone with vodafone in January. However after a few minutes I found out they were going to delivery the phoneto my previous address despite all recent correspondence going to my current address. I immediately contacted them to change it but they wouldn't so I cancelled my order. The phone was delivered to a random house on my old street. After about a month I acquired the phone and asked Vodafone to collect it. They said they would arrange for it to be collected by sending a bag to be collected by a courier. This request was put in writing along with a complaint. After a few weeks I contacted vodafone who confirmed they were dealing with the complaint. Six months later I have had no response to the complaint nor has the phone been collected.After all this time am I entitled to keep this phone?
Emma - 9-Jul-16 @ 3:40 PM
Melondonguy - Your Question:
Hi I ordered 3 items from amazon plus plaid extra for 1 day delivery. It didn't come and was lost in transit so I asked for refund and day before refund was expected I got items delivered so I called them that I wanna keep items and amazon to keep my money apart from the extra 1 dat delievry which I paid for. And then I got my full 3 items refunded. And called and emailed amazon to take money out my account but I always get email from them that the payment couldn't be processed dont know why. Since I've been buying which this card before. Is it my bank blocking amazon taking money from me or not.

Our Response:
No it's probably just Amazon's systems have processed the sale/order as completed. We suggest you just keep the items and the money...Amazon won't mind on this one occasion.
OnlineShoppingRights - 22-Jun-16 @ 2:44 PM
Hi i ordered 3 items from amazon plus plaid extra for 1 day delivery. It didn'tcome and was lost in transitso i asked for refund and day beforerefund was expected i got items delivered so i called them that i wanna keep items and amazon to keep my money apart from the extra 1 dat delievrywhich i paid for. And then i got my full 3 items refunded. And called and emailed amazon to take money out my account but i always get email from them that the payment couldn'tbe processed dont know why. Since I'vebeen buying which this card before. Is it my bank blocking amazon taking money from me or not.
Melondonguy - 21-Jun-16 @ 11:24 PM
Nat - Your Question:
I ordered a tv last week also paid express delivery waited all day for it to arrive obviously never came. Rang next day to be told no stock sorry full refund. Money has cleared bk into account then today tv turns up. Tomorrow I contact seller do I get tv for price I paid origanally as it gone up 100 pound do I have rights on this or not ?

Our Response:
Not sure on this one to be honest. This sounds like it could be unethical behaviour on the part of the retailer. Either they said there was no stock yet sent you the item anyway and perhaps are now trying to get the higher price for it OR there is a genuine mistake and they thought there was no stock because yours was the last one and it was help up in transit or something. Tryrining and say it's been delivered and you'll pay over the phone - just play dumb and refuse to pay a higher price if they suggest it.
OnlineShoppingRights - 21-Apr-16 @ 2:23 PM
I ordered a tv last week also paid express delivery waited all day for it to arrive obviously never came . Rang next day to be told no stock sorry full refund . Money has cleared bk into account then today tv turns up .Tomorrow i contact seller do I get tv for price I paid origanally as it gone up 100 pounddo I have rights on this or not ?
Nat - 20-Apr-16 @ 9:18 PM
Hello, I think this might be the place for answers (the rest of the internet is so unclear about these things), I ordered (and paid for) the second edition of an item from a website but received version one of it. After contacting the company they sent out the correct version and said the first would be picked up for return. They did deliver the correct version but nobody came to pick up the original item. I told the company and they arranged for another pickup for return on another day. Again, nobody came. It's becoming increasingly inconvenient to wait around for someone to pick up the parcel and I've already spend two whole days aimlessly sitting around at home to no avail. There's nothing in their terms and conditions about this kind of thing happening - Do I have to keep waiting around for failed pick-ups or can I just get on with my life? I'm almost spending as much time looking for an answer as I am waiting for the item to be picked up, please help! Matt :)
Matt - 20-Feb-16 @ 9:04 PM
Ron - Your Question:
Hello,I purchased a gas hon online and had it fitted by a Gas hob online and had it fitted by a Gas Safe engineer. On completion he found the one burner was faulty. The company say they will only payoff return postage. This means I will need to re-engage this fitter to reinstall then to reinstall the unit on its return. My question is should I be about 100 pounds out of pocket through no fault on my behalf?Would appreciate any advice.Regards,Ron

Our Response:
The company should refund/replace the hob under consumer rights legislation, but if you want to claim extra compensation, you will have to do so via the legal system.
OnlineShoppingRights - 16-Feb-16 @ 11:28 AM
Hello, I purchased a gas hon online and had it fitted by a Gas hob online and had it fitted by a Gas Safe engineer. On completion he found the one burner was faulty. The company say they will only payoff return postage. This means I will need to re-engage this fitter to reinstall then to reinstall the unit on its return. My question is should I be about 100 pounds out of pocket through no fault on my behalf? Would appreciate any advice. Regards, Ron
Ron - 13-Feb-16 @ 12:43 PM
slightly confused - Your Question:
I placed an order in mid July and recieved a month later after some frustrating customer service. About a month later I recieved another package (the duplicate order) and decided to look up how to handle the situation. I found the arrival on the FTC's web site about unordered merchandise and it says in a nutshell that I can contact the seller about it and they arrange the shipping or I can keep it and don't have to do anything and the retailer isn't supposed to charge you for it. I decide to keep it on account of their poor customer service and think nothing of it. A couple weeks go by and I decide to check my bank statements to see if I was charged. I find that an unauthorized order was made 8/26 and charged $8 for something from that company( makes me want to keep it more), but its a smaller amount then what the duplicate was worth. Another couple weeks go buy and not thinking about anymore since I assumed I was in the right, I get an email from my bank saying my account is overdrawn, so I look. They charged me the full price of the tool. I emailed them asking them to reverse the charges and they told me they would only do it if they were to get the tool back when they send me a call card. To me, they kinda charged me on the down low. I told them according to the FTC article, I don't have to and sent them the link to it. Also told them im gunna go to my bank and report fraud and get them to reverse the charges(after I was advised I can do so). They tell me the FTC is fake and the bank will make me return the item once I get the call card and if I fail to do so, the bank will keep the charges. I just need to know if I'm right or a complete jack#&@ and to send it back.

Our Response:
Sorry but we can only give information on UK legislation here.
OnlineShoppingRights - 30-Sep-15 @ 10:17 AM
I placed an order in mid July and recieved a month later after some frustrating customer service. About a month later I recieved another package (the duplicate order) and decided to look up how to handle the situation. I found the arrival on the FTC's web site about unordered merchandise and it says in a nutshell that I can contact the seller about it and they arrange the shipping or I can keep it and don't have to do anything and the retailer isn't supposed to charge you for it. I decide to keep it on account of their poor customer service and think nothing of it. A couple weeks go by and I decide to check my bank statements to see if I was charged. I find that an unauthorized order was made 8/26 and charged $8 for something from that company( makes me want to keep it more), but its a smaller amount then what the duplicate was worth. Another couple weeks go buy and not thinking about anymore since I assumed I was in the right, I get an email from my bank saying my account is overdrawn, so I look. They charged me the full price of the tool. I emailed them asking them to reverse the charges and they told me they would only do it if they were to get the tool back when they send me a call card. To me, they kinda charged me on the down low. I told them according to the FTC article, I don't have to and sent them the link to it. Also told them im gunna go to my bank and report fraud and get them to reverse the charges(after I was advised I can do so). They tell me the FTC is fake and the bank will make me return the item once I get the call card and if I fail to do so, the bank will keep the charges. I just need to know if I'm right or a complete jack#&@ and to send it back.
slightly confused - 29-Sep-15 @ 6:37 AM
@whobiggs. If you have been sent items by mistake you should (as you have done) contact the company and request that they come and collect the goods. You should not incur any cost or incovenience relating to this. We suggest you email the company and give them a deadline to collect the goods stating that after this time you will keep them, dispose of them, or give them to charity. Keep records of all your attempts to contact the trader and get the goods collected.
OnlineShoppingRights - 8-Jun-15 @ 10:47 AM
I recently received an order for a company by the name of Cycleworks, mine is Cyclewirks and immediately phoned the distributor up to report it. They said they would send a courier to collect but no one came. I have emailed twice to the sales people and now to five others just to make sure but no reply. The first email I sent on 23/03/15 approximately two weeks after the delivery came. I can't be bothered chasing them any more but how long do I have to have them sitting here before I can claim them as mine? I don't want to use/sell them and then get a bill. Regards David
whobiggs - 3-Jun-15 @ 6:17 PM
I went onto a website and I added an item to my basket. I went to the checkout and entered billing and shipping information but I did not complete the order as I changed my mind about buying it. I received a confirmation e-mail for the order even though I did not actually place it. No payment has been taken. If the package arrives, am I obliged to pay for it? The company has not contacted me regarding the order yet, aside from the automated order confirmation. If the package arrives, is it considered to be unsolicited goods and can I keep it, or am I legally obliged to pay for it or return it?
Sophie - 22-Sep-14 @ 12:26 AM
I phoned A*****n to them know they had sent 9 additional hard drives on top of the one that was sent to me. I did not order these can I assume that these items are unsolicited? I did not receive a thank you for my honesty. Customer service were rude to me and upon putting the phone down said that they loved me. I reported this and it was handled inappropriately breaching my confidentiality. I did not receive an apology that summed up why it was wrong the apology stated a technical error and that it was a misunderstanding. IT WAS NOT A MISUNDERSTANDING - When I called A*****n I was on speaker phone and three other members of my family witnessed this call. The last e-mail prior to pick up was sent to me this evening (less than 24 hours before pick up). The hard drives are being picked up tomorrow and only now have I been asked to print return labels when I don't have access to a printer nor will I have time tomorrow to get anything printed. Update - day of collection: The hard drives weren't collected. After everything that I have done for A*****n...am I legally obliged to let them know that there items weren't collected. I have informed them of there mistake already I now see it as there responsibility to contact me.
Misterunderstanding - 17-Aug-14 @ 12:46 PM
I have a question about this, something slightly different though. I made an order for 8 silver coins with an internet dealer but on arrival one coin was not silver but it was gold, which I did not request. I paid for the order in advance and paid the price for the silver. Is this unsolicited goods or goods sent in error? I advised the seller the same day but no response after 3 days. I know I do not have to return it, and that this is the sellers responsibility to make arrengements to collect or pay return postage, but if they do not, how long before the coin becomes mine?
confused - 28-Apr-13 @ 10:29 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the OnlineShoppingRights website. Please read our Disclaimer.