UKC

I received from a company (let's call them,for arguments sake, Belly Bansen) the item I had ordered in a box. At the same time, also from Belly Bansen, I received a second package containing some additional items - which were also in my size and very lovely. I had not ordered these extra items and invoice was included for the gentleman who had ordered them (including many of his details. GDPR anyone????)

Now, sadly, I have recently developed a 'conscience' and have arranged return of the additional items to the lovely folk at Belly Bansen. 

 I wonder though, hypothetically, how would the law view this? Could I keep the items? What would you do? 

Cheers, BB

I think you have to let the seller know and they make arrangements for the error to be rectified. Otherwise I’d have thought it was theft (theft by finding?)

Depends on how they were delivered, signatures, etc.

If the extra package was clearly signed for by yourself then I would think they may have a case.

That said, they wouldn't have gone to the hassle of contacting you and getting the items returned they would have just re-shipped to the other customer.

Sucks to have a conscience ay!

Legally, you have to tell them, and give them a chance to come and pick them up. They might say you can keep them anyway, fingers crossed.

They might be able to track the package to you if you don't fess up, not sure what they could /would do though.

Karma is you guide

I'd have thought that "unsolicited goods" applied here. But yes, honesty says make reasonable efforts to return the goods. 

My understanding is goods that appear out of the blue are unsolicited goods and you are under no obligation to tell the company and you can keep them.

However, if you receive goods that were sent to you by mistake, ie they were for someone else (as in your case), or if an order was sent to you twice, or if there are extra things in your order that you did not order, then the items are not unsolicited goods and they belong to the seller and you should try to give them back.

Ask them to collect the items, which should be at their expense, and at your convenience, but you should give the company a reasonable time to make the collection.

Just keep a record of any communication with the company.

Dave 

Interesting. Thanks all. Basically, from a legal point of view it all has to go back to the company. Luckily, that's what I'm doing anyway. Thanks!

Um, no.  That's nonsense.  Krikoman is correct.

You have to tell the sender if the circumstances are as described in my second paragraph, including the OP's case where goods were received by mistake and are clearly for someone else.

If the goods are truly unsolicited, ie a person did not request the goods, then they are free to keep them.

In the case here it could be argued the items for the other person were not requested by the OP and would therefore fall to be unsolicited. However, the OP did request goods from the company in question and other goods were, by mistake, included in the OPs order. These other goods are therefore not unsolicited, and as I and others have said the OP should give the company a chance to recover their goods.

Properly unsolicited goods are pretty rare now. I think some time ago some unscrupulous companies would try it on by sending unsolicited goods and then try to demand payment for them.  Demanding such payment is now illegal. However, if goods are received in this way then the receiver may keep them.

This link   https://en.wikipedia.org/wiki/Unsolicited_goods#cite_note-1   includes the following

"Also with effect from 14 June 2014 the distance regulations are replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which include a new s 29A added to the Consumer Protection from Unfair Trading Regulations 2008 making it clear the consumer may keep unsolicited goods"

This link -   https://en.wikipedia.org/wiki/Consumer_Protection_(Distance_Selling)_Regula... includes the following definition of unsolicited goods

"If goods are sent to a consumer without a contract asking for them, the "recipient may [...] use, deal with, or dispose of the goods as if they were an unconditional gift to him"[12] and "[t]he rights of the sender to the goods are extinguished".[13] This is intended to prevent companies purporting to demand payment for goods a consumer receives unexpectedly. This provision amends the Unsolicited Goods Act 1971, which defines goods only as unsolicited goods if they have been deliberately sent to the recipient with the intention of them being used. Goods sent or delivered by mistake are not unsolicited goods, and remain the property of the sender"

Dave

Pretty much what others have said. I ordered a crate of beer last year, and was surprised to have two arrive. I told the company, who emailed me a pre-paid postage label, and asked me to take it to a post office. I refused, and after several back and forth emails told them this:
"Consumer rights info suggests that if a company sends a duplicate product then it is up to the company to arrange for its return, and that the consumer shouldn't have to expend time or money to return it."

After that they let me keep the beer.

Nothing to add here about the main point - there's no doubt that the items are Belly Bansen's and were sent to you in genuine error.

The only question is about how far out of your way you should reasonably go to return the items.

If it was a small parcel, and they had a Freepost address, then fine. If they wanted me to cart a crate of beer to the Post Office (and kick my printer for three hours to produce a label), or wait in for a courier, then I might be less inclined to help. I suspect I would be guided by how friendly and human they were in any correspondence.