I need some advice on this topic.
I purchased a watch on the internet. The watch I received was not the watch i ordered, but was worth twice as much.
I didn't hear from the company and figured the watch was either sent as a substitution (since the one I ordered was now sold out) or that they didn't care, whatever.
They contacted me about 20 days later stating that they made a mistake and they wanted the watch back. I stated that I gave it as a gift and it would be impossible to get back.
They responded stating that they put the originally ordered watch in the mail to me and I should be receiving it, and if I didn't return the mistake watch, they would charge me 4K.
What is the legal position? I am an individual, they are a merchant (not ebay). Online transaction, over $500.
Do I have to get the watch back, what if it has been used? What if I don't want to return it? What if I no longer want the original watch (e.g. I purchased it somewhere else)?
I purchased a watch on the internet. The watch I received was not the watch i ordered, but was worth twice as much.
I didn't hear from the company and figured the watch was either sent as a substitution (since the one I ordered was now sold out) or that they didn't care, whatever.
They contacted me about 20 days later stating that they made a mistake and they wanted the watch back. I stated that I gave it as a gift and it would be impossible to get back.
They responded stating that they put the originally ordered watch in the mail to me and I should be receiving it, and if I didn't return the mistake watch, they would charge me 4K.
What is the legal position? I am an individual, they are a merchant (not ebay). Online transaction, over $500.
Do I have to get the watch back, what if it has been used? What if I don't want to return it? What if I no longer want the original watch (e.g. I purchased it somewhere else)?
