Two sets of software and maps for TT6 from a supplier

[tomo1340]

I was talking to my friend yesterday, and I told her I was waiting for my new TT6 and mapping. She told me I should have come to her first, but just as I was about to tell her off for accepting pirated software she produced 2 sets of TT6 and MOWE, one opened and one sealed, she said that they both came on the one order a month or so ago but she only ordered and paid for one. She has informed the supplier but they have never got back to her other than the last email that said they were unable to deal with her enquiry. The open box looks genuine from what I can see but she says she won't sell it as she doesn't know the legality of it but she would have given it to a friend for safe keeping. Anyone know where she stands. On a side note the postman has been today with my TT6 gubbins so the house work will have to wait while I set it all up. :D
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o2 XDA Stellar
TTN6
MOWE

[coconut]

Ooooh - Moral issues

The duplicated order does not belong to your friend - it has been sent to her in error.
Who knows - maybe someone on the packing dept is going to be in big trouble for this, or even have to pay for it out of their own wages etc etc

Your friend needs to be careful to make sure they do not fall foul of being guilty of Theft - even though it was not her fault she received it !

Definition of Theft :
A person is guilty of theft if they Dishonestly appropriate property belonging to another, with the intention of permanently depriving them of it. - Section 1(1) Theft Act, 1968.

( e.g If you "find" a handbag in the street containing £1000 cash and kept it for yourself without trying to return it to its owner you would be guilty of theft. You would be expected to take reasonable steps to identify the owner and return it to them - which you could do by handing it in to the Police, to whom it could reasonably be expected the loss would have been reported to. When handing it in you can register an intention to claim the property if the owner is not identified within 28 days.)

If your friend keeps the software, knowing it has not been paid for, and uses it / sells it on etc. then they "could" be guilty of Theft.

If they notify the supplier of their error ( which your friend has done ) then that would remove the element of "dishonest appropriation", but the software still remains the property of ( and is owned by ) the supplier.

If your friend sent a notice in writing to the supplier ( Recorded delivery post is a good idea ) such as "If you do not make arrangements to collect the incorrectly delivered goods within 28 days ( or other reasonable time period ) then I will assume you no longer have an interest in them, and that ownership will pass to me." then this should be enough to negate any allegation of Theft.

After the time period had lapsed your friend could use or sell the software, but of course there is no guarantee that Registration of the software or support for it would be provided, and there would be no obligation for the software company to do so.

..... or she could just send it back to them and potentially recieve no more than a nice warm feeling that she has done the right thing !

It's all just a matter of moral values really
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iPhone SE, TomTom Go 5000, Garmin Zumo XT.

[widu]

If she has sent them correspondence (can be email) stating that they must collect it at their cost and if they have not done so after 14 days she can lawfully keep it. It's written in the distance selling regs somewhere- to stop companies just sending you stuff and you hving to keep and pay for it or return at your cost.

Sounds like she's gotten a bargain!
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Device: Co-Pilot (Android)
Skoda Columbus

[coconut]

Not so sure about that.....

The Consumer Protection ( Distance Selling ) Regulations 2000, as amended, includes legislation to cover "unsolicited" goods that are sent out by the supplier, ( i.e. where the supplier intends that the recipient should either pay for them or return them ), but in this case the goods were not sent in this manner - they were sent by mistake.

The recipient has not been invoiced for the extra software so this is not "unsolicited goods", and the protection afforded by this legislation may not apply.

I'm no legal expert so this is just my personal opinion - but if the previous advice is followed you would have shown that you acted reasonably and should be OK
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iPhone SE, TomTom Go 5000, Garmin Zumo XT.

[tomo1340]

Thanks everyone, she has emailed them again asking for them to collect it within 28 days and asking for an initial response within 48 hours. She has also offered to pay for it as she was going to buy tt6 and gb map for her daugher in august. I have told her to put the maps on her daughters pda and if they want it back or want paying then pay them.

Cheers for all the info.
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o2 XDA Stellar
TTN6
MOWE

[widu]

Honesty is a much berated virtue :D
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Device: Co-Pilot (Android)
Skoda Columbus

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