Return charges for wrong item delivered

Legal position:

When a retailer sends you an item by mistake (that is, an item you did not order), you are under no obligation to pay for it or to return it at your own expense. The legal basis for this is as follows.

1. Under the Consumer Rights Act 2015 and general contract law, you have no contractual obligation in respect of goods you did not order. There is no contract for those goods, so the retailer cannot impose terms on you regarding their return.

2. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where goods are "unsolicited" (sent without being requested), the recipient is not obliged to pay for them or return them.

3. Regulation 27A of the Consumer Protection from Unfair Trading Regulations 2008 (as amended) provides that where a trader engages in the aggressive or misleading practice of demanding payment for unsolicited goods, the consumer is exempt from any obligation to provide consideration or to return the goods.

Practical position:

If the retailer sent the wrong item by mistake (for example, you ordered item A and received item B), the position is slightly different from truly unsolicited goods, but the principle remains that the cost of correcting the retailer's error falls on the retailer, not on you. In that situation:

1. You are entitled to receive the correct item you ordered, and the retailer must arrange and pay for the return of the wrong item if they want it back.

2. You are not required to pay postage or any collection charge. The retailer should either arrange a courier, provide a prepaid return label, or reimburse your reasonable postage costs.

3. If you have already paid for the correct item and simply received the wrong one, you are entitled to a replacement or a full refund, and the retailer must bear the cost of putting things right.

If the retailer is insisting on charging you:

You should write to them clearly stating that the error was theirs, that you did not order the item received, and that you are not liable for any cost of return. Cite the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 if helpful. If they refuse to resolve the matter, your options include escalating a complaint through any relevant ombudsman or ADR scheme the retailer belongs to, reporting the conduct to Trading Standards (via Citizens Advice consumer helpline), or pursuing a claim for the correct goods or a refund through the small claims track if necessary, though in practice most retailers will back down once you set out the legal position clearly.

In short: no, a retailer cannot lawfully charge you to return an item they sent by mistake. The cost of correcting their error is theirs to bear.