Livestrong band... sold to friend

[MrLegal]

I'm in England, though treat this as a US case if you have to.

When I went over to my friend's house, he had recently found eBay, and had expressed particular interest over one, blue, Livestrong band. I had an account and offered to buy it for him.

On the page, it was clearly marked as one band and one band arrived. I gave this to him and he paid me £7 (the cost of the band + £1 extra).

Three days later, another identical band arrives in the post. My friend thinks that the band is his (he "paid" for it and without him there wouldn't be a second one), whereas I think that he paid for one band, the one band arrived, and it belonged to him. Contract terminated. The second band was therefore not his. Think of it like this: He's the customer, he goes to the shop (me) and says "I'd like to buy a Livestrong band. The shop says: We don't have any, but we'll order some from our supplier (eBay). A week later, the band duly arrives and another soon arrives after it, free, even though the shop only ordered one. The customer only gets one, right?

Who should get the second band?

Thanks.

 

[teflon_jones]

The band is the property of the person who sent it. You should return it to them. You didn't pay for it.

 

[MinCA]

The company accidentally sent the band. Do one of two things.

Automatically return it.

-or-

Contact them and ask if they'd like it returned. Most lilely not. But your friend should be a nice about it. Even if the company says to keep it, neither of you paid for it. You used your account to pay for his band and he repaid you. If you two get to keep it, your friend should let you keep it since, not only does he not need two, but you used your account.

But please tell me I'm dreaming this. Two friends fighting over a little pastic bradelet that leads one of them to come to a legal board. Do your mommy and daddy know you are on the computer? You are about 5 years old, right?

No one but babies fight over a tiny piece of plastic! Geez!!