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?

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.

Unconditional Gift

The received unsolicited goods can therefore be retained as an unconditional gift. As the receiver, you have no obligation to pay for the goods or return them if they are unwanted. If the company does demand payment for the items, you can report them to your local Trading Standards Department. This regulation is in place to protect consumers from being sent unsolicited items and then having to face demand for payment.

Many people in a similar position to yours choose to inform the company of the mistake, and wait to hear back whether the company will accept a return. In this case, the company should pay for the cost of the return.

However, this advice is only as a guideline. In their terms and conditions, some companies may claim that under the Sale of Goods Act 1979, they are legally entitled to reclaim their goods if a duplicate order has been sent out. At this present time this may be an error on the part of the company. If you are still in any doubt you should contact your solicitor or local Citizen’s Advice Bureau to clarify this matter.