I ordered one item & received two, do I have to return second item

darrenflan96

I received two items from Play.com, both items are the same, the serial numbers on the packages are the same. Items were packed at different times.

By law do I have to return one of the items?

Thanks.

PS - Sorry if this in in the wrong forum.

Shane-KornSpace

Check to see if you have been billed twice.
If not, it's up to yourself.

Cabaal

By law you should notify them of the error, off hand if you notify them twice during a 6 month period and they make no effort to get the goods back you can keep.

In this case i'd expect them to give you a prepaid return label or something to return the extra item, but depending on the cost of the item they may just tell you to keep it....if its say 10 sterling or something

slimjimmc

Cabaal wrote: »

By law you should notify them of the error, off hand if you notify them twice during a 6 month period and they make no effort to get the goods back you can keep.

In this case i'd expect them to give you a prepaid return label or something to return the extra item, but depending on the cost of the item they may just tell you to keep it....if its say 10 sterling or something

You're under no legal obligation to notify them.
If you don't notify them then they have up to 6 months from date of receipt to take possession.
If you do choose notify them they only have 30 days from the date of notification.

The law on unsolicited goods

Unsolicited goods.
47.—(1) Where—

(a) unsolicited goods are sent to a person with a view to his acquiring them and are received by him, and

(b) the recipient has neither agreed to acquire nor agreed to return them,

and either—

(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

(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,

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.

(2) The notice referred to in subsection (1) shall be in writing and shall state—

(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

(b) that the goods are unsolicited.

(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.

(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—

(a) threatens to bring any legal proceedings,

(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

(c) invokes or causes to be invoked any other collection procedure or threatens to do so,

shall be guilty of an offence.

(5) In this section—

“acquire” includes hire,

“send” includes deliver,

“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,

“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request by him or on his behalf.

It could be a genuine mistake but never the less make sure you weren't billed for a double order.

Procrastastudy

darrenflan96 wrote: »

I received two items from Play.com, both items are the same, the serial numbers on the packages are the same. Items were packed at different times.

By law do I have to return one of the items?

Thanks.

PS - Sorry if this in in the wrong forum.

By law.. hmm

I'm always reminded Karma is a bitch.

JimsAlterEgo

Is a double order unsolicited goods? I would argue more of an error.

"unsolicited goods are sent to a person with a view to his acquiring them and are received by him"

ShooterSF

Procrastastudy wrote: »

By law.. hmm

I'm always reminded Karma is a bitch.

Maybe play had been naughty before and the OP had done something very good and this is Karma's way of balancing it out. That's the problem with karma, you never know how it is working. (That and it doesn't exist)

goz83

I would contact them and let them know. Otherwise you may end up paying twice. I received 2 phones a few months ago when I ordered only one. The error was not on their system, but I arranged for it to be sent back anyway. Damn morality :P

P. Breathnach

goz83 wrote: »

... Damn morality :P

Morality in a Consumer Issues forum? A troublesome idea.

TheDriver

I would contact them, you already have one of the items and they will probably not want it back

Tardis

I've been charged twice for 2 dvds i've ordered off play yet when i try follow the returns policy there's no link there. Any one any helpful tips?

jugger

ShooterSF wrote: »

(That and it doesn't exist)

karma wont like that !!!!!

Nody

jugger wrote: »

karma wont like that !!!!!

True; here's her reaction.



Above is a wrestler going under the name Karma for those not aware.

dudara

Posters - stay on topic please

OP - yes, I'd notify them, and see what action they want to take. The main thing is that you should not be out of pocket for returning the items.