After purchasing an item, then being issued a refund the item then arrived

Question

I purchased an item at distance (in this case online), this item did not arrive until 2 weeks after the end of the delivery window. Towards the end of that 2 week period the seller was kind enough to offer me a refund, an offer which I accepted. However the original item has now arrived, more than 2 weeks late.

Given that I now have my money and the item, am I legally obliged to do either of the following?

1. Return the item
2. Pay the seller the refunded amount

In case it has any bearing on the answer, the item in question has value of the order of £5.

Answer 1

You would not be required to do either of the things you state (unless you explicitly agreed to do so). What, strictly speaking, you need to do is to advise the seller that the original goods arrived and ask them if they want to collect them, have you return them at their expense or abandon the goods to you.

(In all likelyhood they will give the goods to you because the cost of them recovering them is to high).

Although I'm not in the UK, I believe the Sale of Goods Act 1979 applies. Strictly speaking, as you have not paid for the goods, they still belong to the seller - but you do not have to pay to return them.