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Legally, Can I Keep the Second Laptop?

By: Lucy Debenham BA (hons) - Updated: 30 Nov 2020 | 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.

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Windymill - Your Question:
I ordered a piece of garden furniture at a show and the company scribbled my name and address down and said they would be in touch regarding delivery. A few weeks after on 1st May I received a random text saying we can deliver your chair on Thursday. No name or details of company etc were included so ignored it thinking it was sent to the wrong number or the delivery wouldn't go ahead as I haven't confirmed to deliver anything. On the Thursday evening there was a knock at the door and the man we spoke to at the garden show had delivered the item to the front of the house. I explained that I didn't confirm a delivery with him and he said he had text to say he can deliver and I explained that I never confirmed delivery and didn't have payment on me for the goods. He said not to worry and just call the office to make payment. We are now 6 weeks on and I cannot get hold of anyone at the company to make payment. I have left quite a few messages for them to contact me but nothing. What should I do.?

Our Response:
Is there a postal address? Why not send a cheque?
OnlineShoppingRights - 26-Jun-18 @ 12:34 PM
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Chris - Your Question:
Hello, I recently ordered a footstool from a company, and when it arrived it was the wrong material. I phone up, complained and got a new one sent to me in the style I had asked for, however upon delivery they did not collect old stool or even mention it. Am I within my rights to keep both as I techinically did not order the original?Thanms

Our Response:
No, ask the retailer if they want it returned. As long as you are not inconvenienced in attempting to return, they can ask for it back.
OnlineShoppingRights - 8-May-18 @ 12:33 PM
Hello, i recently ordered a footstool from a company, and when it arrived it was the wrong material. I phone up, complained and got a new one sent to me in the style i had asked for, however upon delivery they did not collect old stool or even mention it. Am I within my rights to keep both as I techinically did not order the original? Thanms
Chris - 6-May-18 @ 1:57 AM
tom - Your Question:
Hello. I have recently sent a faulty item to a company and they sent a replacement using a courirer. Due to a mistake in the delivery address the item bounced around various depots and after a week I made a major complaint about this. The company replied by email saying that they sent a new replacement "in order to avoid waiting any longer for courier to try and rearrange delivery of a potentially missing or problematic parcel delivery".The thing is, I have then received both parcels within a week. As I have not paid for the item, being a replacement, and being still very angry for the wait, I do not feel correct that I should be the one alerting the company that I received both parcels. Also they have not mentioned that I should tell them if I receive also the first delivery, so I would like to understand if this can be a case where I am entitled to keep both items, as compensation for the stress, or if there is a limit of time for the company to claim one of the parcels back, given that they ever go and see from the tracking page if an item were delivered or not. Thank you in advance for your answer.

Our Response:
No, you should inform them that both items have arrived. The company should arrange to collect the surplus item, but you should not be inconvenienced by this (i.e you shouldn't have to take it to a depot or wait in for it to be collected).
OnlineShoppingRights - 1-May-18 @ 11:55 AM
Hello. I have recently sent a faulty item to a company and they sent a replacement using a courirer. Due to a mistake in the delivery address the item bounced around various depots and after a week I made a major complaint about this. The company replied by email saying that they sent a new replacement "in order to avoid waiting any longer for courier to try and rearrange delivery of a potentially missing or problematic parcel delivery". The thing is, I have then received both parcels within a week. As I have not paid for the item, being a replacement,and being still very angry for the wait, I do not feel correct that I should be the one alerting the company that I received both parcels . Also they have not mentioned that I should tell them if I receive also the first delivery, so I would like to understand if this can be a case where I am entitled to keep both items, as compensation for the stress, or if there is a limit of time for the company to claim one of the parcels back, given that they ever go and see from the tracking page if an item were delivered or not. Thank you in advance for your answer.
tom - 30-Apr-18 @ 5:44 PM
Query - Your Question:
Hi I received multiple items of the same goods that I ordered. Clearly they sent me the batch box instead of the one item I paid for.Am I legally required to send it back?Thanks

Our Response:
Give the retailer a call and tell them you've been sent the goods in error. They should advise you how to return the items if they want them back. This should not be at your expense orcause you inconvience.
OnlineShoppingRights - 20-Mar-18 @ 3:09 PM
I ordered £1500 worth of bedroom furniture online but when it came to pay the total was £9.99 (postage only) and a discount of £1500 so I continued on and they’ve only taken the 9.99 but the items have started arriving today, will I be billed for them?
Dani - 20-Mar-18 @ 12:25 PM
K - Your Question:
I ordered a dvd which wasnt sent out in time so I requested a refund which I have received but I have also received the dvd do I have to send it back or can I keep it

Our Response:
Ask the retailer what they would like you to do. If they want you to return it, they should pay the return postage as it's their error.
OnlineShoppingRights - 19-Mar-18 @ 2:11 PM
Hi I received multiple items of the same goods that I ordered. Clearly they sent me the batch box instead of the one item I paid for. Am I legally required to send it back? Thanks
Query - 19-Mar-18 @ 12:34 PM
I ordered a dvd which wasnt sent out in time so i requested a refund which i have received but i have also received the dvd do i have to send it back or can i keep it
K - 16-Mar-18 @ 6:05 PM
Jac - Your Question:
Hi I ordered pair of shoes online which I duly received. The following day I received a second pair. I contacted the company to advise of their error and asked them to send me a prepaid postage label however they request I pay upfront they will refund me afterwards. I don't really think this is acceptable or convenient.can you advise me please? Thank you

Our Response:
No it's not acceptable - it was their error, they should rectify it.
OnlineShoppingRights - 14-Mar-18 @ 3:36 PM
Hi I ordered pair of shoes online which i duly received. The following day i received a second pair. I contacted the company to advise of their error and asked them to send me a prepaid postage label however they request I pay upfront they will refund me afterwards. I don't really think this is acceptable or convenient. ..can you advise me please? Thank you
Jac - 12-Mar-18 @ 4:07 PM
City123 - Your Question:
Hi, In November I received at item ordered which turned out faulty. I returned it and a replacement was sent to me. I ten received a second replacement. I have contacted the company with no response, where do I stand and why should I do??Cheers

Our Response:
Email the company and tell them of their mistake. Give them 14 days in which to advise you on how to send the item back (at no cost to you) and inform them that if you do not hear from them by the deadline, you will keep the item. Make sure you keep a copy of the email and that it is sent to the email address (or postal address) on the retailer's website.
OnlineShoppingRights - 16-Feb-18 @ 3:19 PM
Hi, In November I received at item ordered which turned out faulty. I returned it and a replacement was sent to me. I ten received a second replacement. I have contacted the company with no response, where do I stand and why should I do?? Cheers
City123 - 14-Feb-18 @ 6:02 PM
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