I'm not sure if this is similar to an experience I had last year. I ordered a Kindle paper white from Amazon and when it was delivered, I had a Kindle Fire delivered with it. Both packages where addressed to me, but invoice inside was addressed to someone else. I checked my order status to confirm I hadn't actually ordered a Fire in error, there was no record of it on my account.
I felt bad for the person waiting for their Fire so I contacted Amazon. Now this is where it gets interesting (hopefully). They told me as they had no record of the Fire being ordered from my account and the fact that the Fire was addressed to me, they couldn't except the return. Apparently the law states that if goods are delivered to your address WITH your correct name and address of it (this is different than if the goods are incorrectly delivered, ie they came to you but addressed to your neighbour) then the goods are considered an unconditional gift.
http://www.adviceguide.org.uk/nirel...services_you_didnt_ask_for_distance_sales.htm
"But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods. You might get goods sent by mistake if they are meant for someone else or youve been sent duplicate or extra items on top of what you ordered."
It only became a gift to you after Amazon said you could keep it. Until then it was "goods sent by mistake."
The page is also contradictory, as it says above "You need to contact whoever sent them to let them know and ask them to collect the goods," but later says:
"Do you have to return the goods?
You have no obligation to return the goods to the trader or allow the trader to collect the goods. However, it would be reasonable for you to contact the trader to explain what has happened and give them a chance to collect the goods from you."
So which is it, do you need to contact the trader, or not? It is saying you do and you don't here.
I'm a (trainee) police station representative and I'm pretty sure it would be theft for you to keep goods sent by mistake.
Dishonestly - if you keep goods sent to you by mistake without giving the sender the chance to collect them, this is dishonest.
appropriates - this means 'assume the rights of the owner.' If you sell or use the goods, or do anything else that only the owner has the right to do, that covers this part.
property - goods are property.
belonging to another - they belong to the sender (Amazon/Vodafone in the cases discussed here)
with the intention of permanently depriving them of it - selling the goods is clearly an intention to permanently deprive them of them.
It is a defence to theft if the 'thief' believes he has a lawful claim to the property, but it would be hard to argue that there's any lawful claim when the OP knows they're only paying for one phone.
