Goods received in error - obligations?
Discussion
Short version of the story...
1) Ordered a nice watch in early June for my son's 25th birthday in mid-July
2) Had to "remind" them of the order after a few weeks, as it had "gone astray" - eventually arrived on time - given to very chuffed son
3) found fault after a couple of weeks - returned the watch - company accepted fault and offered to fix it with a seven-week turnaround...
4) very short discussion ensued and the watch was replaced - new one received after three weeks or so
A couple of weeks ago, I got an email saying "your watch will be delivered tomorrow" - I contacted the company and informed them of their mistake (which they were completely unaware of). They said they would contact the courier and prevent the delivery. The next day, the watch turned up. I again contacted the company to inform them of their error. I said I would consider buying the watch (for my other son) if they gave me sufficient discount for my honesty - they politely refused and asked if I would send it back. I told them that as I work from 7:00am to 7:00pm, I don't get near a post office and I asked them to arrange a courier collection.
That was the last I heard - the watch is still un-opened in its original packaging, awaiting instruction from the company that they will be collecting it
FWIW, I know its not my watch - I'm not looking to "claim" it if they don't collect within X days - after all, I offered to buy it. I reckon if I hadn't told them, they'd still be none the wiser, but that's not in my nature. This isn't a "what would YOU do? question, its more of a "what should/ must I do?". Am I obliged to rectify their mistake and return the watch and reclaim the postage costs? Do I just hang onto it indefinitely?
1) Ordered a nice watch in early June for my son's 25th birthday in mid-July
2) Had to "remind" them of the order after a few weeks, as it had "gone astray" - eventually arrived on time - given to very chuffed son
3) found fault after a couple of weeks - returned the watch - company accepted fault and offered to fix it with a seven-week turnaround...
4) very short discussion ensued and the watch was replaced - new one received after three weeks or so
A couple of weeks ago, I got an email saying "your watch will be delivered tomorrow" - I contacted the company and informed them of their mistake (which they were completely unaware of). They said they would contact the courier and prevent the delivery. The next day, the watch turned up. I again contacted the company to inform them of their error. I said I would consider buying the watch (for my other son) if they gave me sufficient discount for my honesty - they politely refused and asked if I would send it back. I told them that as I work from 7:00am to 7:00pm, I don't get near a post office and I asked them to arrange a courier collection.
That was the last I heard - the watch is still un-opened in its original packaging, awaiting instruction from the company that they will be collecting it
FWIW, I know its not my watch - I'm not looking to "claim" it if they don't collect within X days - after all, I offered to buy it. I reckon if I hadn't told them, they'd still be none the wiser, but that's not in my nature. This isn't a "what would YOU do? question, its more of a "what should/ must I do?". Am I obliged to rectify their mistake and return the watch and reclaim the postage costs? Do I just hang onto it indefinitely?
They should be getting it without inconvenience to OP
http://www.thecomplainingcow.co.uk/all-you-need-to...
http://www.thecomplainingcow.co.uk/all-you-need-to...
What you should do is email them and ask them to send you a pre-paid returns label, which you can affix to the parcel when you decide to take a day off, or can give it to a friend/relative to post for you.
What you must do, which you appear to already have done, is to tell them of the error and ask them to rectify it. I'm not a legal bod of any kind mind you, so perhaps there is a legal angle, but until they provide you a cost-free postage I'm certain you can just keep hold of it.
At some stage, it will become yours I guess.
What you must do, which you appear to already have done, is to tell them of the error and ask them to rectify it. I'm not a legal bod of any kind mind you, so perhaps there is a legal angle, but until they provide you a cost-free postage I'm certain you can just keep hold of it.
At some stage, it will become yours I guess.
paintman said:
Nigel_O said:
I told them that as I work from 7:00am to 7:00pm, I don't get near a post office and I asked them to arrange a courier collection.
365 days a year/366 days a leap year with no days off ever? My local post office is a pain at weekends. It seems to be staffed by the slowest people on the world, and the customers seem to treat it like a social event.
Edited by 98elise on Thursday 29th September 21:11
paintman said:
365 days a year/366 days a leap year with no days off ever?
I think you'll find that Post Offices are only open for 312/313 days a year, and 52 of those are half-days.Yes, I get holiday, although my last day off when a Post Office was open was mid-June. I work all day Monday to Friday and half of Saturday. Last time I needed to post something on a Saturday afternoon, I walked the mile and a half from my workplace in Birmingham to the only Post Office that's open after 1:00pm - I queued for over an hour to be served, then walked the mile and a half back to my car and went home - about two hours later than usual.
I expect they'll remember eventually, but I was curious to know what my obligations were (it would appear I've already fulfilled them)
I have to say, I was fairly surprised when they couldn't find it in themselves to offer any discount at all for me to buy the watch. If I was the company, I'd have offered £50 off just to save the hassle of organising a returns package, then a courier, and then an inspection / re-stocking task. Bit short-sighted really, and slightly puts me off buying from them again.
Last time it happened, I ordered 1 litre of very high quality gearbox oil - probably about £25-£30. The company sent me 10 litres! I told them and they quickly collected it and sent me the 1 litre for free. Funnily enough, I've ordered from them several times since....
paintman said:
365 days a year/366 days a leap year with no days off ever?
I think you'll find that Post Offices are only open for 312/313 days a year, and 52 of those are half-days.Yes, I get holiday, although my last day off when a Post Office was open was mid-June. I work all day Monday to Friday and half of Saturday. Last time I needed to post something on a Saturday afternoon, I walked the mile and a half from my workplace in Birmingham to the only Post Office that's open after 1:00pm - I queued for over an hour to be served, then walked the mile and a half back to my car and went home - about two hours later than usual.
I expect they'll remember eventually, but I was curious to know what my obligations were (it would appear I've already fulfilled them)
I have to say, I was fairly surprised when they couldn't find it in themselves to offer any discount at all for me to buy the watch. If I was the company, I'd have offered £50 off just to save the hassle of organising a returns package, then a courier, and then an inspection / re-stocking task. Bit short-sighted really, and slightly puts me off buying from them again.
Last time it happened, I ordered 1 litre of very high quality gearbox oil - probably about £25-£30. The company sent me 10 litres! I told them and they quickly collected it and sent me the 1 litre for free. Funnily enough, I've ordered from them several times since....
JustinP1 said:
wibble cb said:
Surely you leave it on the doorstep and tell them to collect, after all couriers leave stuff in plain view all the time, it'll be fine....
Who tort you that?Yes OP, you are definitely a victim.
All this thread is missing is a picture of you and your son, with your arms crossed and grumpy face.
Have you tried a lawyer for compensation yet??
Its not as though you have the time, to come on a forum for reasons to keep the watch, when someone else in your family could have spent less time taking it to the post Office.
God forbid, you ever leave anything on a bus, plane or train and the person finding it thinks its beneath them to hand it in.
Edited by Hol on Friday 30th September 09:42
wibble cb said:
JustinP1 said:
wibble cb said:
Surely you leave it on the doorstep and tell them to collect, after all couriers leave stuff in plain view all the time, it'll be fine....
Who tort you that?I'm pretty sure law in Canada will be the same, but over here there's something called the law of torts.
In short, that says that we do have obligations to treat our fellow man in a reasonable way and not cause them damage even if we don't have a contractual relationship with them.
So, lets say you were a visitor in my house for whatever reason, and you left your Rolex in my bathroom, whether you're my mate or worst enemy I can't just leave your watch out on my doorstep. If I did, and it was stolen or broken, you could ask me for damages caused by my actions.
In short, the OP can't shouldn't just leave the watch on his doorstep. He should write to the seller asking them to arrange collection with a minimum of fuss to the OP in the next two weeks, or it will be disposed of.
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