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Recieved package for someone else

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  • 12-01-2009 2:31pm
    #1
    Brian Griffin
    Closed Accounts Posts: 51 ✭✭


    Hi,
    I recently bought a camera online. I received the camera (addressed to my sister in the north) but she also received an extra camera. while addressed to my sister was meant for someone else.

    What is she required to do by law?

    It was sent from a large English company. So its English law or Eu that applys.

    I know you should notify the company and return (but it is a nice camera and a big company). They havn't asked for it back yet.

    Cheers.


Comments

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    #2
    KTRIC
    Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    Call them , let them know and send it back.

    Karma is an unforgiving little bitch.


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    #3
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    KTRIC wrote: »
    Call them , let them know and send it back.

    Karma is an unforgiving little bitch.

    Is your name Earl by any chance?


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    #4
    KTRIC
    Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    jimmycrackcorm wrote: »
    Is your name Earl by box chance?

    Nope, my names KTRIC, duh :rolleyes:


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    #5
    freebee23
    Registered Users Posts: 442 ✭✭freebee23


    Brian Griffin wrote: »
    Hi,
    I recently bought a camera online. I received the camera (addressed to my sister in the north) but she also received an extra camera. while addressed to my sister was meant for someone else.

    What is she required to do by law?

    It was sent from a large English company. So its English law or Eu that applys.

    I know you should notify the company and return (but it is a nice camera and a big company). They havn't asked for it back yet.

    Cheers.

    Hi Brian,

    I think you have 2 choices here....

    1 - Call customer services of "Large English Company" inform them of error and let them arrange return of camera.

    2 - Do nothing, hope they do not cop to the error and hope they do not pursue you for the return of their product.

    I am not up on the relevant law here but I would not be surprised if there is some sort of paper trail that they would be able to follow/sign for receipt of goods delivered.

    Personally I would go with option 1 above, If you really wanted the second camera just pay for it. I am all for bargains etc, but sometimes a little honesty can go a long way.

    Hope this helps,

    Freebee23


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    #6
    Gillo
    Registered Users Posts: 5,566 ✭✭✭Gillo


    Going by Irish law (and guessing British law is pretty similar) you must notify the company and give the 'reasonable" opportunity to collect the camera, if however they do not collect the camera within a set time period (sorry can't remember how time they have, then you ca take possession of the camera ie, you own it. As far as I remember if however you do not notify them and allow them to collect said camera they do have a right to charge you.

    Do a search for unsolicited goods on google.

    The honest thing to do is just return it.


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    #7
    thefinalstage
    Registered Users Posts: 3,502 ✭✭✭thefinalstage


    Gillo wrote: »
    Going by Irish law (and guessing British law is pretty similar) you must notify the company and give the 'reasonable" opportunity to collect the camera, if however they do not collect the camera within a set time period (sorry can't remember how time they have, then you ca take possession of the camera ie, you own it. As far as I remember if however you do not notify them and allow them to collect said camera they do have a right to charge you.

    Do a search for unsolicited goods on google.

    The honest thing to do is just return it.

    3 months if you tell them. 12 if you don't.


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    #8
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Legally, I don't think you have to do anything. They sent you something, you accepted it, it's yours. Of course, they could come looking for it, but you could always claim ignorance. If they have a signature and an address for the delivery, then they have something to go on. If the signature is not clear, and it's not an absolute guarantee that it was delivered to your sister's house, then they have less to go on.

    In the end, keep it, or send it back. I don't think you are required by law to send it back, so let your conscience be your guide. I'm still very happy with my free Dell 20" monitor, thanks Dell! Karma me arse...


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    #9
    BlueSpud
    Registered Users Posts: 302 ✭✭BlueSpud


    KTRIC wrote: »
    jimmycrackcorm wrote: »
    Is your name Earl by any chance?
    Nope, my names KTRIC, duh :rolleyes:
    Sounds more like Earl's brother.


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    #10
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Haven't time to explain but here is the relevant part of the sale of goods and supply of services act 1980
    Unsolicited goods. 47.—(1) Where—
    [GA]
    ( a ) unsolicited goods are sent to a person with a view to his acquiring them and are received by him, and
    [GA]
    ( b ) the recipient has neither agreed to acquire nor agreed to return them,
    [GA]
    and either—
    [GA]
    (i) during the period of six months following the date of receipt of the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so, or
    [GA]
    (ii) not less than 30 days before the expiration of that period the recipient gave notice to the sender and during the following 30 days the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so,
    [GA]
    then the recipient may treat the goods as if they were an unconditional gift to him and any right of the sender to the goods shall be extinguished.
    [GA]
    (2) The notice referred to in subsection (1) shall be in writing and shall state—
    [GA]
    ( a ) the recipient's name and address and the address at which the sender may take possession of the goods (if not the same) and
    [GA]
    ( b ) that the goods are unsolicited.
    [GA]
    (3) A person who, not having reasonable cause to believe there is a right to payment, in the course of any business, makes a demand for payment, or asserts a present or prospective right to payment for what he knows are unsolicited goods sent to another person with a view to his acquiring them, shall be guilty of an offence.
    [GA]
    (4) A person who, not having reasonable cause to believe there is a right to payment in the course of any business and with a view to obtaining any payment for what he knows or ought to know are unsolicited goods—
    [GA]
    ( a ) threatens to bring any legal proceedings,
    [GA]
    ( b ) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so, or
    [GA]
    ( c ) invokes or causes to be invoked any other collection procedure or threatens to do so,
    [GA]
    shall be guilty of an offence.
    [GA]
    (5) In this section—
    [GA]
    "acquire" includes hire,
    [GA]
    "send" includes deliver,
    [GA]
    "sender" includes any person on whose behalf or with whose consent the goods are sent and any other person claiming through or under the sender or any such person,
    [GA]
    "unsolicited" means, in relation to goods sent to any person, that they are sent without any prior request by him or on his behalf.


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    #11
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    In the UK the appropriate act here is the Unsolicited Goods and Services Act 1971 which is giving you two choices:

    a) you can simply ignore the demand and the goods will become yours after 6 months. You should not use them during this time, and within reason, should keep them safe. If the supplier wants them back during this time, you can't refuse to let him collect them and if they are willing to pay the return postage, you should send them back. The risk with this option is that if the supplier thinks that you have ordered the goods and wants payment, the problem could end up in court.

    b) you can write to the supplier, stating that the goods were unsolicited, and giving them 30 days to either collect them, or arrange for them to be posted back at their own expense. After this period of time, the goods will become yours.


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