double delivery

DLE_2D

Hey,

I ordered something online back in September and 3 showed up.

Got an email today looking for the 2 extra back or to pay for them.

It's been 5 months now, I never contacted them, do I have to return or pay?

L1011

The unsolicited goods regulations here barely if even apply, but they allow the sender to reclaim within 6 months.

Generally I'd take the view that I'd need to return them but at the sender/sellers cost - they shouldn't put you out at all in the process.

Crunchienut

L1011 wrote: »

Generally I'd take the view that I'd need to return them but at the sender/sellers cost - they shouldn't put you out at all in the process.

Agreed. They should either collect at a time that suits you or cover shipping costs in full

ytpe2r5bxkn0c1

They are entitled to look for them back if they agree to cover the postage costs. I hope these weren't computer games that you subsequently sold on or some such. Have you still got them?

DLE_2D

still have 2 of them, and am going to keep one, so will prob buy one and send the other back. I did open it though, but kept the packaging.

rock22

DLE_2D wrote: »

still have 2 of them, and am going to keep one, so will prob buy one and send the other back. I did open it though, but kept the packaging.

What happened the third one?
If you have opened the second one then none of them can be resold and you must pay for all three.

rubadub

http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0047.html

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.

I would be asking them to send a courier to collect at a time of my choice, and would not wrap them unless they paid for packing any my time to get it.

Miaireland

I had this recently with a business. I asked them to provide me with a prepaid envelope to return the item and then posted it the next time I was near the POst Office.

However I never opened the item so I am not sure what will happen if you opened it. I would guess it would depend on the item. If it is a computer game and there is a registration code they may not be happy to accept this back.

Melendez

This post has been deleted.

ssmith6287

HAVE YOU AGREED THAT YOU GOT TEM. HAVE THEY GOT A SIGNED PROOF OF DELIVERY. PLAY DUMB, LET ON YOU ONLY RECEIVED ONE

dudara

@ssmith6287 - please do not type all in capital letters, it is the internet equivalent of shouting. In addition, as the OP has already admitted to receiving the items on the internet, lying is hardly the wise way forward. In future, do not advocate dishonesty.

dudara