any laws on the topic? I was sent the wrong item from a business via mail, do I have to ship it back?

[AlienCraft]

Originally posted by: Evadman

Originally posted by: AlienCraft
SERIOUSLY, when did personal responsibility become predicated on someone else's actions?

Do you not live n the US? We don't have personal responsibility. It was outlawed.

Yah, I know. But, A man's gotta have a dream.... :roll: :laugh:

 

[abaez]

Originally posted by: BeauJangles

Originally posted by: Xylitol

Originally posted by: ElFenix

Originally posted by: Xylitol
i'd like to say that you should return it, but the pain of repackaging and driving and all that crap is WAYYYY too much for me. It's definitely not worth it, so I would keep it
HOWEVER, I would ask the company first if you can get a large discount off of your new LCD

why do you think he has to take it anywhere. they're sending him prepaid shipping label. if he's smart he'll have the thing boxed up and ready to go so that when the UPS guy rings the bell to deliver the label he can slap it on the box and let the UPS guy cart it out to the truck.


and they already said no to a discount.

then i'd say screw them. It's the biggest pain in the world to put a TV back into its packaging. And usually, I break the syrofoam while opening and stuff like that. If the company paid someone to come, drop off the correct LCD, pack up the wrong LCD, and get it picked up for me, then I would send back the wrong one.

edit: I shouldn't be inconvenienced in the slightest because some company was being stupid

Grow up. You aren't that special or that important. You, like the OP, just want a free ride because a company made a mistake you benefited from. This situation isn't even a matter of personal responsibility, it's a matter of doing something right and, often, doing the right thing takes time, effort, and energy. It's just that you and the OP are so greedy that you cannot see right from wrong and are instead blinded by a potential "free" gift.

I bet if he bought a 46 inch and was sent a 32 inch he would have no problem being "inconvenienced" to send back the 32 to get his 46.

 

[allisolm]

I believe the TV needs to go back, but I know there is no way I would try to take responsibility for wrestling a 50+ lb 46" tv in a box out of my house, into my car, out of my car and into the post office. They had it delivered to the door, they can pick it up there.

 

[DrPizza]

Originally posted by: abaez
I bet if he bought a 46 inch and was sent a 32 inch he would have no problem being "inconvenienced" to send back the 32 to get his 46.

And he would never have opened the box. He'd have immediately been on the phone complaining. All of his inconvenience now is BECAUSE he opened the box. He shouldn't have to repackage the television, because HE SHOULDN'T HAVE OPENED IT IN THE FIRST PLACE!" The grand total of inconvenience caused to him by the company amounts to: having to wait for his actual television AND having to slide the box back out onto the porch, with a shipping label attached.

Thread Summary:

Telling or implying that the OP should keep it:
meltdown75
Pippy
tasmanian
Cattlegod (also advocates damaging the television & returning it)
MoOo (?)
Twista
SamurAchzar
smack Down
between
DayLaPaul

In favor of the OP returning it
venkman
ElFenix
herrjimbo
Adam8281
Amused
hecoolnessrune
LikeLinus
GodlessAstronomer
rudeguy
Beev
SpunkyJones
Jumpem
Steve
theblackbox
meltdown75???
Rubycon
Gooberlx2
Tooncesthedrivingcat
silverpig
dbk
moshquerade
Slew Foot
AlienCraft
mortong
JS80
EGGO
mugs
BeauJangles
compuwiz1
sjwaste
dlx22
Tweak155
KK
waggy
Farang
JLee
Praxis1452
Capt Caveman
QED
newnameman
zinfamous
JEDIYoda
alexjohnson
Cuda1447
Ns1
allisolm

Also in favor of the OP returning it: the law.

 

[Farang]

In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

 

[DrPizza]

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

 

[Codewiz]

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

I think you don't give most people enough credit.

For instance, I was to receive a bonus at work. They accidentally gave me double my bonus because my boss had written it down wrong. There is no way it would have ever been caught.

I informed them of the mistake as soon as I saw the extra money.

On another instance, I received extra per diem when I was in Iraq. I told them about the mistake. They decided it would take too many hours to fix the error and would cost more to fix the error so I got to keep the extra money in that instance.

I believe most people are honest. The OP obviously isn't.

 

[zinfamous]

Originally posted by: alexjohnson16
Request the company to send another box with shipping label and also to ensure proper pickup. Tell them the box is too damaged to ensure proper reshipping and if they continue to push the issue, tell them you will do it but will not be responsible for damages to the TV.

This is their error, but you have to send the TV back. While opening the box wasn't the best thing to do, it shouldn't matter in this case. I've received items in the improper box before and even though it could be assumed by the size of the box, you never know.

a 46" TV is not improperly sent in a box that would accommodate a 32" TV. this argument is completely invalid, and it is obvious that the OP knew that he got the wrong set when it showed up.

 

[rudeguy]

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

Maybe one sure. But I believe the majority of AT'ers would do the right thing. Sure you might get a free upgrade, but is it worth lowering your moral standards to get a couple inches more screen space?

 

[zinfamous]

Originally posted by: Cuda1447
Wow, epic thread. I'd have to say (with my very uninformed opinion) it doesn't sound like the OP is under any obligation to return this tv, despite the fact that ethically he should. Yes, they can charge him. But he can also dispute the charges with his credit card company. He does have a legitimate complaint that he has no way of transporting the tv. If I were in the OP's shoes I would say "either arrange for pickup of this tv, or go fuck yourself". Its not his responsibility to inconvenience him because a company fucked up. Everyone is saying "look at it from another perspective". Well, a lot of times when companies do mess up they force the customer to go out of their way to get the situation fixed, if they even fix it. Now that they screwed up instead of them going out of their way they want him to go out of his way again? Pfft. He never asked to be refunded his money, they just did it. He was trying to get the situation resolved when they decided to play hard ball. I highly doubt whatever manager is handling this situation is smart enough to set his company up for a positive legal battle. Now that's not to say they won't win, but the cost of going to legal battle for the company will surely be more than the tv is worth. They may do it on principle alone and if thats the case it will be a bigger inconvenience for the OP, but thats a game of chicken right there.


At the end of the day the OP should send it back, but the company should arrange pickup and cover all shipping costs.

I have no problem with them arranging for pickup at his house, perhaps even compensating for lost time that he may have to take off from work or whatever to meet a carrier (doubtful, as the OPs attitude suggests he's a pre-teen living with his parents).

The thing is, this really doesn't inconvenience him; it's him not wanting to take responsibility. Being "inconvenienced" is the self-important excuse you find with today's idiot kids.

 

[Farang]

You guys might be right that it would all turn out as we say it would, I guess my point is we shouldn't look at that list as 'these people good, those bad' because that isn't really fair. Nobody who said they'd keep it is actually keeping it and nobody who said they wouldn't is actually sending it back.

 

[BeauJangles]

Originally posted by: Codewiz

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

I think you don't give most people enough credit.

For instance, I was to receive a bonus at work. They accidentally gave me double my bonus because my boss had written it down wrong. There is no way it would have ever been caught.

I informed them of the mistake as soon as I saw the extra money.

On another instance, I received extra per diem when I was in Iraq. I told them about the mistake. They decided it would take too many hours to fix the error and would cost more to fix the error so I got to keep the extra money in that instance.

I believe most people are honest. The OP obviously isn't.

It's nice to see that a bit of honesty still survives somewhere.

 

[KK]

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

I think the level of asshattery would be determined by the company that erroneously shipped the tv. If it was a shitty company that has been known to screw its customers(best buy type), then I, and I'm guessing a few others, would end up shipping it back but would hold their nuts to the fire. If it was a customer friendly company such as newegg when it first started, then I would be more accommodating, even as willing to possibly drop it off somewhere if not too cumbersome. But in either case, I believe I would try to first make contact with them to settle on a compromise that would benefit both the company and myself, such as buying the tv at a discount such as the OP said he tried.

 

[IEC]

Originally posted by: RIGorous1
Ethically speaking I agree with you Amused; the right thing would be to return it, but...

From a practical standpoint I'm thinking that it was their mistake to begin with, so why should I go through the trouble of having to repackage this monster, spending money to drive to the nearest postal office/etc., waiting in the holiday line, and not be compensated for it all.

Besides, I want to keep the darn thing, so if theres some law that allows me too, why not?

They refunded you the money, at which point you are now stealing.

 

[IEC]

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

:thumbsup:

 

[zinfamous]

Originally posted by: KK

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

I think the level of asshattery would be determined by the company that erroneously shipped the tv. If it was a shitty company that has been known to screw its customers(best buy type), then I, and I'm guessing a few others, would end up shipping it back but would hold their nuts to the fire. If it was a customer friendly company such as newegg when it first started, then I would be more accommodating, even as willing to possibly drop it off somewhere if not too cumbersome. But in either case, I believe I would try to first make contact with them to settle on a compromise that would benefit both the company and myself, such as buying the tv at a discount such as the OP said he tried.

He didn't try. they offered him $600 off the price. He wanted $1200 off, based on some BLACK FRIDAY ad, which any consumer worth their salt knows is off-limits in bargaining. Every single interaction with the company, as he described it here, has been nothing but douchebaggery on display with no legitimate attempt to fix the error.

 

[Dacalo]

Don't be a douche OP. You paid for a 32" TV, not something else. If they sent you a 20", and refused to make it right, how would you feel?

Return the TV, they are even willing to pay for the shipping.

 

[venkman]

I'm curious about the TV Brand/Model and the Company. did OP ever mention it?

 

[SociallyChallenged]

Originally posted by: Dacalo
Don't be a douche OP. You paid for a 32" TV, not something else. If they sent you a 20", and refused to make it right, how would you feel?

Return the TV, they are even willing to pay for the shipping.

I would be pretty pissed if they didn't arrange for a pickup. Tell them the only way you'll send it back is if they arrange for a schedule pickup. If they don't, the item will not be sent back. They will have to. That's quite a large item and at 50+ pounds, it would be cumbersome and a huge hassle.

 

[KK]

Originally posted by: zinfamous

Originally posted by: KK

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

I think the level of asshattery would be determined by the company that erroneously shipped the tv. If it was a shitty company that has been known to screw its customers(best buy type), then I, and I'm guessing a few others, would end up shipping it back but would hold their nuts to the fire. If it was a customer friendly company such as newegg when it first started, then I would be more accommodating, even as willing to possibly drop it off somewhere if not too cumbersome. But in either case, I believe I would try to first make contact with them to settle on a compromise that would benefit both the company and myself, such as buying the tv at a discount such as the OP said he tried.

He didn't try. they offered him $600 off the price. He wanted $1200 off, based on some BLACK FRIDAY ad, which any consumer worth their salt knows is off-limits in bargaining. Every single interaction with the company, as he described it here, has been nothing but douchebaggery on display with no legitimate attempt to fix the error.

He did try, but it wasn't acceptable to the company, which I would like to know what company this is. Anyways, give it time, I'm sure he'll send it off.

 

[Walking in Circles]

why did you even admit you had it

 

[BoomerD]

The OP's profile shows him in Kahleeforneeya.

The Kahleeforneeya Department of Consumer Affairs sez:

http://www.dca.ca.gov/publications/mail.shtml

"It is illegal for a business to try to sell you something by sending you merchandise that you have not ordered or consented to receive. A business cannot send you unordered merchandise unless the merchandise is:

a free sample which is clearly and conspicuously marked as such, or
mailed by a charitable organization that is soliciting contribution and is marked as a gift.
If a business sends you something in the mail that you did not order or consent to receive, and has done so with the intention of selling it or another product or service to you, you have no obligation to either return the unordered item or pay for it. It is illegal for a company that sends unordered merchandise to follow the mailing with a bill or a demand for payment. (This rule does not apply where you have agreed with a business in advance to receive merchandise on a periodic basis, and it also does not apply to a good faith error on the part of the business that sent the merchandise.)"


Send it back. They appear to have bent over backwards to correct their error.
I'd probably try for some form of compensation, perhaps a percentage off the TV you ordered, for your "trouble," but otherwise, you are legally obligated to return the product.

 

[zinfamous]

Originally posted by: KK

Originally posted by: zinfamous

Originally posted by: KK

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

I think the level of asshattery would be determined by the company that erroneously shipped the tv. If it was a shitty company that has been known to screw its customers(best buy type), then I, and I'm guessing a few others, would end up shipping it back but would hold their nuts to the fire. If it was a customer friendly company such as newegg when it first started, then I would be more accommodating, even as willing to possibly drop it off somewhere if not too cumbersome. But in either case, I believe I would try to first make contact with them to settle on a compromise that would benefit both the company and myself, such as buying the tv at a discount such as the OP said he tried.

He didn't try. they offered him $600 off the price. He wanted $1200 off, based on some BLACK FRIDAY ad, which any consumer worth their salt knows is off-limits in bargaining. Every single interaction with the company, as he described it here, has been nothing but douchebaggery on display with no legitimate attempt to fix the error.

He did try, but it wasn't acceptable to the company, which I would like to know what company this is. Anyways, give it time, I'm sure he'll send it off.

making a BS offer is NOT trying. It's not the company's fault that the OP fails at bargaining and reality. he made an offer that was ONE HUNDRED DOLLARS LESS than a FUCKING BLACK FRIDAY ad from a local Brick and Mortar store, a bargain that likely was not even in effect when the OP made this "offer."

Anyone knows that BF deals are not price-matchable, and simply do not apply in real-world bargaining. The OP was simply being a douche. I'll go back and check, but I'm hard-pressed to imagine that he offered to pay more for the 46" set than he actually paid for the one that he ordered.

 

[zinfamous]

I too would like to know what company and what model TVs are involved.

Also, i wouldn't have gone after the OP so harshly where it not for his second post and subsequent details showing how big a dick he's been dealing with this company, making excuses for himself.

 

[KK]

Originally posted by: zinfamous

Originally posted by: KK

Originally posted by: zinfamous

Originally posted by: KK

Originally posted by: DrPizza

Originally posted by: Farang
In fairness DrPizza anyone can say he should return it and look like a good person, but I'm sure at least one person on that list would do something different in reality.

In reality, I think everyone would end up doing the same thing: shipping the television back, or paying for the television. There are no other legal options. The only difference is how much of an asshat the person is between the time when the wrong television arrives at their door & when it gets shipped back.

I think the level of asshattery would be determined by the company that erroneously shipped the tv. If it was a shitty company that has been known to screw its customers(best buy type), then I, and I'm guessing a few others, would end up shipping it back but would hold their nuts to the fire. If it was a customer friendly company such as newegg when it first started, then I would be more accommodating, even as willing to possibly drop it off somewhere if not too cumbersome. But in either case, I believe I would try to first make contact with them to settle on a compromise that would benefit both the company and myself, such as buying the tv at a discount such as the OP said he tried.

He didn't try. they offered him $600 off the price. He wanted $1200 off, based on some BLACK FRIDAY ad, which any consumer worth their salt knows is off-limits in bargaining. Every single interaction with the company, as he described it here, has been nothing but douchebaggery on display with no legitimate attempt to fix the error.

He did try, but it wasn't acceptable to the company, which I would like to know what company this is. Anyways, give it time, I'm sure he'll send it off.

making a BS offer is NOT trying. It's not the company's fault that the OP fails at bargaining and reality. he made an offer that was ONE HUNDRED DOLLARS LESS than a FUCKING BLACK FRIDAY ad from a local Brick and Mortar store, a bargain that likely was not even in effect when the OP made this "offer."

Anyone knows that BF deals are not price-matchable, and simply do not apply in real-world bargaining. The OP was simply being a douche. I'll go back and check, but I'm hard-pressed to imagine that he offered to pay more for the 46" set than he actually paid for the one that he ordered.

I dunno what the cost of the 46" was originally, and I'm not sure what he offered dollarwise. If shipping the unit back is going to cost them ~100 dollars, and if the box was opened, then how much should he have offered. I dunno, if I was in his shoes and actually wanted the TV then I would have searched what that tv was going for and subtract the cost of shipping. Maybe he went alittle too far with his perceived diminished value of it, but who knows what the company would say if you don't ask. From what I gather, he asked, they said no and gave him a counter offer, to which he said no. No harm done on either side. Do you fault the company for making a "offer" that the OP didn't see fit for the circumstance?