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Let me set the scene. Let’s say a well-known internet retails sent you 2 of an item and when you only ordered (and having checked your bank account only paid for) 1. You have informed this retailer of their mistake via e-mail and have also tried their phone line but got no answer. Let’s say this item was delivered in a large cardboard box and the only place you can store it is in your garage that is prone to damp and, in heavy rain the floor does tend to get a little wet. The box is far too big to just put in a bin bag and I have no easy means of elevating it. This all leads me to 2 questions:
1. How long is reasonable to give the retailer to respond and (I assume) pick said item up? I don’t really want the extra item and I don’t really have room to store it so would like it gone ASAP.
2. What happens if it rains and said item does get wet, damaging the box and potentially putting the item into the territory of soiled/damaged goods? Would I be liable as it is with me or would they be liable as it shouldn’t have been delivered to me anyway?
Thanks in advance for your help.
send it to me I'll look after it for you, loadsa room at my house, hopefully 19" mtb or 58cm roadbike yeah....?
tricky one
[i]I have no easy means of elevating it[/i]
really?
I'd imagine 2 milk cartons on their side would be enough?
Emphasis on the word easy. I'm sure I could find a way but right now the box is in my garage and I am at work. It raining...
[I'm not a lawyer]
I imagine they could expect you to take 'reasonable' care of the item whilst it was in your possession.
Keeping it safe from the elements might count as being 'resonable', ie. not leaving it out of doors uncovered or in garage that is known to have damp problems without taking precautions to keep it dry.
[/I'm not a lawyer]
think counts as "unsolicited goods"
depends a bit if in Scotland or NI may need to change pull down
notify, sitback have a beer, sell on ebay
I'd imagine 2 milk cartons on their side would be enough?
Depends what it is really. I'm imagining he's been sent two 3 piece suites instead of one.
it's in the bike forum and it's a well known internet retailer so I'd assumed bike related.
Out of interest why accept delivery of both items in the first place?
I've also just spotted the title is "bike delivery"
shame, it was much funnier in my head as an extra 3 piece suite.
It is a bike, well 2 bikes but they are not exactly small or light. I didn't accept the delivery, Parcel Farce delivered it to a neighbour who accepted on my behalf.
notify, sitback have a beer, sell on ebay
If you mean that you can do what you want with it, I don't think that's what the linked page is saying. If you didn't ask for anything from the seller and something turns up out of the blue then it appears you [i]can[/i] do what you want with it, as that's usually part of a scam where they send you something then try to charge you for it. But:
if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods. You might get goods sent by mistake if they are meant for someone else [b]or you’ve been sent duplicate or extra items on top of what you ordered[/b].If you receive goods you have not ordered and which haven’t been sent by mistake, you can treat the goods as an unconditional gift and you [i]can[/i] do what you want with it.
I'd say this instance would count as "sent by mistake", so you are obliged to let them know. I have no idea about the requirements for looking after the goods but I'd expect you are meant to keep them in reasonable condition.
Legal Notice: I'm not a lawyer either so my free opinion is worth exactly what you paid for it (and FYI it's non-returnable).
http://www.legislation.gov.uk/uksi/2000/2334/regulation/24/made
As I understand it,
The Distance Selling Regulations Act 2000, specifically unsolicited goods.
Your contract of sale was for one bike, the second was sent in error and is considered an unconditional gift which you can dispose of as you wish and the sender can't by law request that you return or pay for it and you are certainly not required to report it to them.
This related thread went off in an interesting direction:
http://singletrackmag.com/forum/topic/moral-dilema-what-would-you-do-1
Just to offer some closure on this. The retailer did indeed respond and is picking up the bike this week, they seemed surprised I had not just kept it and are sending me some vouchers as thanks. I explained that the box may be a little damp at the bottom and this is not a problem as it would likely be re boxed anyway. So all good really, they get their bike back and I have a few quid in vouchers and a clear conscience!