Receiving a product after getting a refund
Last week I ordered 2 kits of impact drivers due to the unbelievably low price.
The product was discounted from 300EUR to 100, so I bought 2 of them. Next day I received an email from the company, that the given price was a mistake and that the order will be cancelled any my money was refunded.
But to my surprise, today I received the package that I have ordered, but my money was already refunded so I haven't paid for them but receive them. What should I do next? I ordered from the UK and it was shipped to Slovenia - both EU countries.
united-kingdom refund slovenia
New contributor
add a comment |
Last week I ordered 2 kits of impact drivers due to the unbelievably low price.
The product was discounted from 300EUR to 100, so I bought 2 of them. Next day I received an email from the company, that the given price was a mistake and that the order will be cancelled any my money was refunded.
But to my surprise, today I received the package that I have ordered, but my money was already refunded so I haven't paid for them but receive them. What should I do next? I ordered from the UK and it was shipped to Slovenia - both EU countries.
united-kingdom refund slovenia
New contributor
1
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
1
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
1
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday
add a comment |
Last week I ordered 2 kits of impact drivers due to the unbelievably low price.
The product was discounted from 300EUR to 100, so I bought 2 of them. Next day I received an email from the company, that the given price was a mistake and that the order will be cancelled any my money was refunded.
But to my surprise, today I received the package that I have ordered, but my money was already refunded so I haven't paid for them but receive them. What should I do next? I ordered from the UK and it was shipped to Slovenia - both EU countries.
united-kingdom refund slovenia
New contributor
Last week I ordered 2 kits of impact drivers due to the unbelievably low price.
The product was discounted from 300EUR to 100, so I bought 2 of them. Next day I received an email from the company, that the given price was a mistake and that the order will be cancelled any my money was refunded.
But to my surprise, today I received the package that I have ordered, but my money was already refunded so I haven't paid for them but receive them. What should I do next? I ordered from the UK and it was shipped to Slovenia - both EU countries.
united-kingdom refund slovenia
united-kingdom refund slovenia
New contributor
New contributor
edited 2 days ago
Ganesh Sittampalam♦
18.1k55488
18.1k55488
New contributor
asked 2 days ago
Žiga Gazvoda
964
964
New contributor
New contributor
1
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
1
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
1
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday
add a comment |
1
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
1
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
1
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday
1
1
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
1
1
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
1
1
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday
add a comment |
4 Answers
4
active
oldest
votes
Contact the company and let them know you have received the product even though the cancellation was made.
Ask them if they want you to ship it back (this implies that they pay for shipping since it was their error). They should be able to arrange for a courier to pick it up from your house so that you don't have to drive anywhere.
You can also offer them to pay 200EUR per the original order to keep the merchandise.
Odds are that they will say "This was our mistake, please keep it as a token of our appreciation and as a Christmas present."
You can choose to not say anything and just keep the item but it's morally wrong even though the company will probably not seek restitution.
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
|
show 6 more comments
I doubt its worth the company's time to try to get anything from you forcibly(through legal means or otherwise) after they messed up as described here.
That being said, you did end up with items you 're not entitled to by their mistake.
I still think the honorable thing to do would be to contact them to let them know as a gesture of good will and work an outcome that satisfies you both.
add a comment |
There are a few different angles to this.
Firstly, morally and legally you certainly should inform the company of the situation and offer to pay the 200EUR you ordered the two items at.
The question then is what happens if they instead demand the return of the items. Here things become more of a grey area.
On the legal side, companies who want to rescind mistaken prices they advertised will generally claim that a contract to buy the item at the low price hasn't yet been formed, either because of the exact sequence of legal events or because the price was an obvious mistake. A discount of 300EUR to 100EUR, particularly in a commercial environment where discounting is commonplace, doesn't seem that extreme to me, though you yourself described it as "unbelieveable". Overall you may well have some room to argue that a valid contract was formed and you are entitled to keep the items but pay the 200EUR.
On the practical side, you have possession in your favour, along with the fact that at a minimum the company will lose out on two sets of international shipping costs if they do get the items returned. If they do want to pursue you legally they'd have to do it in the Slovenian courts. So if you do feel you have a valid case to keep them, you can probably just stand your ground.
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
|
show 8 more comments
You did nothing wrong. The seller made two gross mistakes: Offering a product for €100 instead of €300, and shipping the product after refunding your money.
If you have a bad conscience about benefitting from their double error, you can contact them and offer to pay the €200, or allow them to pick up the product. The result will be equally likely that they say "yes, please pay €200" or that they will say "our mistake, keep the product".
For financial reasons, they will not try to get the product back, because that will most likely produce so much work, it's not worth it. Why would they say "keep the product"? Because that hides the fact that someone made a big mistake (and that someone might not want their boss to know), and quite likely the company has no process in place to handle such an unusual request.
If you have no bad conscience, you can keep the product - it is most unlikely that they will do anything about it, and most unlikely if they do something that they can get more than your €200 which you were willing to pay anyway.
add a comment |
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4 Answers
4
active
oldest
votes
4 Answers
4
active
oldest
votes
active
oldest
votes
active
oldest
votes
Contact the company and let them know you have received the product even though the cancellation was made.
Ask them if they want you to ship it back (this implies that they pay for shipping since it was their error). They should be able to arrange for a courier to pick it up from your house so that you don't have to drive anywhere.
You can also offer them to pay 200EUR per the original order to keep the merchandise.
Odds are that they will say "This was our mistake, please keep it as a token of our appreciation and as a Christmas present."
You can choose to not say anything and just keep the item but it's morally wrong even though the company will probably not seek restitution.
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
|
show 6 more comments
Contact the company and let them know you have received the product even though the cancellation was made.
Ask them if they want you to ship it back (this implies that they pay for shipping since it was their error). They should be able to arrange for a courier to pick it up from your house so that you don't have to drive anywhere.
You can also offer them to pay 200EUR per the original order to keep the merchandise.
Odds are that they will say "This was our mistake, please keep it as a token of our appreciation and as a Christmas present."
You can choose to not say anything and just keep the item but it's morally wrong even though the company will probably not seek restitution.
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
|
show 6 more comments
Contact the company and let them know you have received the product even though the cancellation was made.
Ask them if they want you to ship it back (this implies that they pay for shipping since it was their error). They should be able to arrange for a courier to pick it up from your house so that you don't have to drive anywhere.
You can also offer them to pay 200EUR per the original order to keep the merchandise.
Odds are that they will say "This was our mistake, please keep it as a token of our appreciation and as a Christmas present."
You can choose to not say anything and just keep the item but it's morally wrong even though the company will probably not seek restitution.
Contact the company and let them know you have received the product even though the cancellation was made.
Ask them if they want you to ship it back (this implies that they pay for shipping since it was their error). They should be able to arrange for a courier to pick it up from your house so that you don't have to drive anywhere.
You can also offer them to pay 200EUR per the original order to keep the merchandise.
Odds are that they will say "This was our mistake, please keep it as a token of our appreciation and as a Christmas present."
You can choose to not say anything and just keep the item but it's morally wrong even though the company will probably not seek restitution.
edited 3 hours ago
answered 2 days ago
MonkeyZeus
1,85111124
1,85111124
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
|
show 6 more comments
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
7
7
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
I don't think it's morally wrong because you don't need to tell them. They know. Any competent company has internal controls i.e. "Paperwork", they know the order went through to shipping to ship 2 drills, they know their inventory is light the 2 drills, they got billed for shipping X grams, and they know the serial numbers are no longer in the warehouse. Their decision is whether it is worth human bandwidth chasing you for them, and that is a business decision only they can make. They will make it in their own self interest. Bothering them creates human cost nonconsensually.
– Harper
yesterday
27
27
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
Bothering them removes any liability for fraud or deceptive gain that the asker may have. Whether the company should know or not, the customer also has a duty of good faith to alert them to a potential mistake. Anything else has got plenty of people in trouble; your suggestion is at best legally dodgy and certainly not morally clean either. @Harper
– Nij
yesterday
1
1
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
[citation needed]. I have never heard of someone being hassled for refusing to return unordered product. Certainly in the States if they ship it to you in error, law says it's yours. But holding onto it for a year without spending/using up/wasting it is prudent. Someone getting an unexpected bank deposit and absconding with it is a different deal covered by different law, and regardless it's the absconding that gets them in trouble, not the receiving.
– Harper
yesterday
3
3
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
@gnasher729 same difference. It ceased to be an order when they canceled it. You can't cancel a contract in writing, and then do your part of the contract anyway and expect to be paid.
– Harper
yesterday
3
3
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
It's worth pointing out that regardless of the persnickety legal details of the matter, calling and asking does resolve the issue about a year faster - whether that means the company letting you keep it with compliments, getting it shipped back, or paying 200 Euro
– Pingcode
yesterday
|
show 6 more comments
I doubt its worth the company's time to try to get anything from you forcibly(through legal means or otherwise) after they messed up as described here.
That being said, you did end up with items you 're not entitled to by their mistake.
I still think the honorable thing to do would be to contact them to let them know as a gesture of good will and work an outcome that satisfies you both.
add a comment |
I doubt its worth the company's time to try to get anything from you forcibly(through legal means or otherwise) after they messed up as described here.
That being said, you did end up with items you 're not entitled to by their mistake.
I still think the honorable thing to do would be to contact them to let them know as a gesture of good will and work an outcome that satisfies you both.
add a comment |
I doubt its worth the company's time to try to get anything from you forcibly(through legal means or otherwise) after they messed up as described here.
That being said, you did end up with items you 're not entitled to by their mistake.
I still think the honorable thing to do would be to contact them to let them know as a gesture of good will and work an outcome that satisfies you both.
I doubt its worth the company's time to try to get anything from you forcibly(through legal means or otherwise) after they messed up as described here.
That being said, you did end up with items you 're not entitled to by their mistake.
I still think the honorable thing to do would be to contact them to let them know as a gesture of good will and work an outcome that satisfies you both.
answered 2 days ago
Leon
2,2661319
2,2661319
add a comment |
add a comment |
There are a few different angles to this.
Firstly, morally and legally you certainly should inform the company of the situation and offer to pay the 200EUR you ordered the two items at.
The question then is what happens if they instead demand the return of the items. Here things become more of a grey area.
On the legal side, companies who want to rescind mistaken prices they advertised will generally claim that a contract to buy the item at the low price hasn't yet been formed, either because of the exact sequence of legal events or because the price was an obvious mistake. A discount of 300EUR to 100EUR, particularly in a commercial environment where discounting is commonplace, doesn't seem that extreme to me, though you yourself described it as "unbelieveable". Overall you may well have some room to argue that a valid contract was formed and you are entitled to keep the items but pay the 200EUR.
On the practical side, you have possession in your favour, along with the fact that at a minimum the company will lose out on two sets of international shipping costs if they do get the items returned. If they do want to pursue you legally they'd have to do it in the Slovenian courts. So if you do feel you have a valid case to keep them, you can probably just stand your ground.
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
|
show 8 more comments
There are a few different angles to this.
Firstly, morally and legally you certainly should inform the company of the situation and offer to pay the 200EUR you ordered the two items at.
The question then is what happens if they instead demand the return of the items. Here things become more of a grey area.
On the legal side, companies who want to rescind mistaken prices they advertised will generally claim that a contract to buy the item at the low price hasn't yet been formed, either because of the exact sequence of legal events or because the price was an obvious mistake. A discount of 300EUR to 100EUR, particularly in a commercial environment where discounting is commonplace, doesn't seem that extreme to me, though you yourself described it as "unbelieveable". Overall you may well have some room to argue that a valid contract was formed and you are entitled to keep the items but pay the 200EUR.
On the practical side, you have possession in your favour, along with the fact that at a minimum the company will lose out on two sets of international shipping costs if they do get the items returned. If they do want to pursue you legally they'd have to do it in the Slovenian courts. So if you do feel you have a valid case to keep them, you can probably just stand your ground.
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
|
show 8 more comments
There are a few different angles to this.
Firstly, morally and legally you certainly should inform the company of the situation and offer to pay the 200EUR you ordered the two items at.
The question then is what happens if they instead demand the return of the items. Here things become more of a grey area.
On the legal side, companies who want to rescind mistaken prices they advertised will generally claim that a contract to buy the item at the low price hasn't yet been formed, either because of the exact sequence of legal events or because the price was an obvious mistake. A discount of 300EUR to 100EUR, particularly in a commercial environment where discounting is commonplace, doesn't seem that extreme to me, though you yourself described it as "unbelieveable". Overall you may well have some room to argue that a valid contract was formed and you are entitled to keep the items but pay the 200EUR.
On the practical side, you have possession in your favour, along with the fact that at a minimum the company will lose out on two sets of international shipping costs if they do get the items returned. If they do want to pursue you legally they'd have to do it in the Slovenian courts. So if you do feel you have a valid case to keep them, you can probably just stand your ground.
There are a few different angles to this.
Firstly, morally and legally you certainly should inform the company of the situation and offer to pay the 200EUR you ordered the two items at.
The question then is what happens if they instead demand the return of the items. Here things become more of a grey area.
On the legal side, companies who want to rescind mistaken prices they advertised will generally claim that a contract to buy the item at the low price hasn't yet been formed, either because of the exact sequence of legal events or because the price was an obvious mistake. A discount of 300EUR to 100EUR, particularly in a commercial environment where discounting is commonplace, doesn't seem that extreme to me, though you yourself described it as "unbelieveable". Overall you may well have some room to argue that a valid contract was formed and you are entitled to keep the items but pay the 200EUR.
On the practical side, you have possession in your favour, along with the fact that at a minimum the company will lose out on two sets of international shipping costs if they do get the items returned. If they do want to pursue you legally they'd have to do it in the Slovenian courts. So if you do feel you have a valid case to keep them, you can probably just stand your ground.
answered 2 days ago
Ganesh Sittampalam♦
18.1k55488
18.1k55488
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
|
show 8 more comments
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
By not contacting them and simply being quiet and waiting for them to write something to me, am i doing anything illeagal?
– Žiga Gazvoda
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda It could probably be considered dishonesty (and hence theft/fraud) - certainly in the UK people who have kept quiet about accidental deposits into their bank accounts and spent them have been convicted.
– Ganesh Sittampalam♦
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
@ŽigaGazvoda, one needs to separate between moral vs legal requirements. Just because something "should be" morally done does not mean it is also a legal requirement. For example in USA (which is under the "common law"), if you walk past a lake and someone drowning, you do not have a legal requirement to help them because of a "no duty to stranger" principle. Whether you then have a moral / ethical requirement to help is dependent on your own principles. And in your case the legal responsibility to contact the seller depends on the law code in your locality (presumably in Slovenia?).
– user100487
2 days ago
1
1
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
@ŽigaGazvoda There is no illegality under UK law. The legal situation is that the company notified you that they refused your order (which they can legally do) and then sent you some "unsolicited goods." Your only obligation under UK law is to take "reasonable steps" to keep the items in good condition, allow the company to recover them at their own expense.
– alephzero
yesterday
3
3
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
Dont forget to put a time limit on your offer. Like one month or so. Worst case, they dont reply, then you buy these items elsewhere (because you need to use them) and then out of blue they take your offer.
– lalala
yesterday
|
show 8 more comments
You did nothing wrong. The seller made two gross mistakes: Offering a product for €100 instead of €300, and shipping the product after refunding your money.
If you have a bad conscience about benefitting from their double error, you can contact them and offer to pay the €200, or allow them to pick up the product. The result will be equally likely that they say "yes, please pay €200" or that they will say "our mistake, keep the product".
For financial reasons, they will not try to get the product back, because that will most likely produce so much work, it's not worth it. Why would they say "keep the product"? Because that hides the fact that someone made a big mistake (and that someone might not want their boss to know), and quite likely the company has no process in place to handle such an unusual request.
If you have no bad conscience, you can keep the product - it is most unlikely that they will do anything about it, and most unlikely if they do something that they can get more than your €200 which you were willing to pay anyway.
add a comment |
You did nothing wrong. The seller made two gross mistakes: Offering a product for €100 instead of €300, and shipping the product after refunding your money.
If you have a bad conscience about benefitting from their double error, you can contact them and offer to pay the €200, or allow them to pick up the product. The result will be equally likely that they say "yes, please pay €200" or that they will say "our mistake, keep the product".
For financial reasons, they will not try to get the product back, because that will most likely produce so much work, it's not worth it. Why would they say "keep the product"? Because that hides the fact that someone made a big mistake (and that someone might not want their boss to know), and quite likely the company has no process in place to handle such an unusual request.
If you have no bad conscience, you can keep the product - it is most unlikely that they will do anything about it, and most unlikely if they do something that they can get more than your €200 which you were willing to pay anyway.
add a comment |
You did nothing wrong. The seller made two gross mistakes: Offering a product for €100 instead of €300, and shipping the product after refunding your money.
If you have a bad conscience about benefitting from their double error, you can contact them and offer to pay the €200, or allow them to pick up the product. The result will be equally likely that they say "yes, please pay €200" or that they will say "our mistake, keep the product".
For financial reasons, they will not try to get the product back, because that will most likely produce so much work, it's not worth it. Why would they say "keep the product"? Because that hides the fact that someone made a big mistake (and that someone might not want their boss to know), and quite likely the company has no process in place to handle such an unusual request.
If you have no bad conscience, you can keep the product - it is most unlikely that they will do anything about it, and most unlikely if they do something that they can get more than your €200 which you were willing to pay anyway.
You did nothing wrong. The seller made two gross mistakes: Offering a product for €100 instead of €300, and shipping the product after refunding your money.
If you have a bad conscience about benefitting from their double error, you can contact them and offer to pay the €200, or allow them to pick up the product. The result will be equally likely that they say "yes, please pay €200" or that they will say "our mistake, keep the product".
For financial reasons, they will not try to get the product back, because that will most likely produce so much work, it's not worth it. Why would they say "keep the product"? Because that hides the fact that someone made a big mistake (and that someone might not want their boss to know), and quite likely the company has no process in place to handle such an unusual request.
If you have no bad conscience, you can keep the product - it is most unlikely that they will do anything about it, and most unlikely if they do something that they can get more than your €200 which you were willing to pay anyway.
answered yesterday
gnasher729
8,93621228
8,93621228
add a comment |
add a comment |
Žiga Gazvoda is a new contributor. Be nice, and check out our Code of Conduct.
Žiga Gazvoda is a new contributor. Be nice, and check out our Code of Conduct.
Žiga Gazvoda is a new contributor. Be nice, and check out our Code of Conduct.
Žiga Gazvoda is a new contributor. Be nice, and check out our Code of Conduct.
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1
If the whole transaction had been in the UK, your only legal obligation is to take "reasonable steps" to keep the items in good condition while they are in your possession (i.e. don't leave them outside in the rain!) and to allow the company to recover the goods at its own expense - either by paying you the return postage, sending a courier to collect the items from you, or whatever they choose. I don't know if the same law applies to international transactions, though.
– alephzero
yesterday
1
I think you would get a better and perhaps more expert answer at law.stackexchange.com
– Jon
yesterday
@alephzero I'm not even sure if that applies here. It depends on the timing. In UK law, the product description on the website is an invitation to treat, OP's order was an offer, and then we have a potential acceptance (the shipping of the item) and a purported rejection (the refund and email). If the acceptance took place first, then the rejection is invalid as there is already a contract. The OP's obligation would then be to pay the 100 euro. I agree with the above comment - this question should be moved to law.stackexchange.com.
– JBentley
yesterday
1
What is your desired outcome here? Keep the tools for free? Pay the E100? Send them back so you don't have to store them?
– Harper
yesterday