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Legally, Can I Keep the Second Laptop?

By: Lucy Debenham BA (hons) - Updated: 25 Jun 2018 | 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
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.?
Windymill - 25-Jun-18 @ 10:58 AM
I ordered a jug over the internet. A month later I emailed to say "where is it". Sorry out of stock. Will take off the website and will issue a refund. A week later no refund. I phoned "oh sorry" we will issue a refund today and send compensation. Refund arrived and a "Granny style" book, sold by them as compenstaion (no relevance whatsoever). Meanwhile the jug is STILL advertised on their website. Is this legal?
Joan - 19-Jun-18 @ 1:56 PM
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
Courteous - Your Question:
Hi, I recently placed an order for 3 items which I received along with 2 additional items I didn't order. One was a duplicate of one of the ordered items and one was something completely different. In the package with extra items was a dispatch note which was incorrect, it showed the duplicate item plus one or my ordered items. I sent the following email to the supplier:I have received my order but have the following issues:The size M ladies jacket arrived first and was a little too big - it also has a price tag saying g £19.50 on it, making me wonder if I was going to be over charged in the first place.When the size L jacket arrived with the hoody it was exactly the same size as the medium jacket- leaving me wondering if the medium was faulty and if it had been correctly sized would it have been a better fit. The two are identical in every way except the size on the inside label is different. I find this disappointing and it makes me question the quality and reliability of your products and sizing.I have also received an additional parcel which I am going to be honest enough to declare (many people would just keep it and not say anything) - it contains a second red hoody and an additional light blue zip up one in the same size.I look forward to your response as to what action should be taken.I have since returned all 3 ordered items but still have the 2 additional items. Should I try to contact the company again? Am I entitled to keep these items? Many thanks in advance.

Our Response:
No you should just send them all back. You are not entitled to keep items sent to you in error.
OnlineShoppingRights - 2-Feb-18 @ 3:11 PM
Hi, I recently placed an order for 3 items which I received along with 2 additional items I didn't order. One was a duplicate of one of the ordered items and one was something completely different. In the package with extra items was a dispatch note which was incorrect, it showed the duplicate item plus one or my ordered items. I sent the following email to the supplier: I have received my order but have the following issues: The size M ladies jacket arrived first and was a little too big - it also has a price tag saying g £19.50 on it, making me wonder if I was going to be over charged in the first place. When the size L jacket arrived with the hoody it was exactly the same size as the medium jacket- leaving me wondering if the medium was faulty and if it had been correctly sized would it have been a better fit. The two are identical in every way except the size on the inside label is different. I find this disappointing and it makes me question the quality and reliability of your products and sizing. I have also received an additional parcel which I am going to be honest enough to declare(many people would just keep it and not say anything) - it contains a second red hoody and an additional light blue zip up one in the same size. I look forward to your response as to what action should be taken. I have since returned all 3 ordered items but still have the 2 additional items. Should I try to contact the company again? Am I entitled to keep these items? Many thanks in advance.
Courteous - 1-Feb-18 @ 12:32 PM
lockwould - Your Question:
I purchased a case of wine (6 bottles) from an online company on the 22nd of December and they arrived late on the 11th of January and my order was completely wrong. I've tried for the past week to contact the company via email and leaving voicemails, I've tried to ring in the past few days and my call doesn't go through. I've googled reviews of said site of which numerous complaints are being made as they are irngoing other customers who either haven't received ordered or who have recieved the wrong order like myself. How do I get a refund if I can't get in touch with the company? I was also wondering Is this classed as unsolicited goods? The wine was bough specifically for a party and I'm now only left with this wine and I was wondering whether they can legally charge me and or ask for me to return said wine? Thank you!

Our Response:
>This would not be considered unsolicited goods no. If you can't get a response and the returns information is not on the company's website, you could try the Resolver website or Trading Standards. Review sites are great places to post, if a company is trying to preserve its reputation - so look out and post - they may respond to this. Send a letter - there should be a postal address - saying you are taking it to the small claims court if you do not get a response within 7 days.
OnlineShoppingRights - 23-Jan-18 @ 10:50 AM
I purchased a case of wine (6 bottles) from an online company on the 22nd of December and they arrived late on the 11th of January and my order was completely wrong. I've tried for the past week to contact the company via email and leaving voicemails, I've tried to ring in the past few days and my call doesn't go through. I've googled reviews of said site of which numerous complaints are being made as they are irngoing other customers who either haven't received ordered or who have recieved the wrong order like myself. How do I get a refund if I can't get in touch with the company?I was also wondering Is this classed as unsolicited goods? The wine was bough specifically for a party and I'm now only left with this wine and I was wondering whether they can legally charge me and or ask for me to return said wine? Thank you!
lockwould - 20-Jan-18 @ 1:10 AM
james - Your Question:
I recently made a large purchase of £4000, my bank declined the payment.a week passed and I got sent a tracking number for the items I'd attempted to purchase, I called up my bank to double check the payment wasn't pending and they said no, we declined the payment as it looked fraudulent and we wont be allowing this merchant to take money. Today, my goods arrived but I still have not been charged nor heard from the company. But the goods that have arrived are also missing 1 item ( I ordered 3 laptops but only received 2) Where do I stand on this and what can I do?

Our Response:
Contact the retailer to ask how to return the items as they have sent an incorrect number of items and you haven't paid for them!
OnlineShoppingRights - 6-Dec-17 @ 2:12 PM
I recently made a large purchase of £4000, my bank declined the payment. a week passed and i got sent a tracking number for the items i'd attempted to purchase, I called up my bank to double check the payment wasn't pending and they said no, we declined the payment as it looked fraudulent and we wont be allowing this merchant to take money. Today, my goods arrived but i still have not been charged nor heard from the company. But the goods that have arrived are also missing 1 item ( i ordered 3 laptops but only received 2) Where do i stand on this and what can i do?
james - 5-Dec-17 @ 7:41 PM
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
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