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

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silverpig

Lifer
Jul 29, 2001
27,709
11
81
Originally posted by: Mo0o
Originally posted by: rudeguy
Originally posted by: Mo0o


Well, them sending the item to his house means it's technically his property now, not the store's. I dont think there's any legitimate legal recourse on the company's part to FORCE him to return it.

Nope, but they sure as hell can bill him for it.

Are you sure they can bill him for something he didn't order? Seems like a good scam, just mail TVs to everybody, refuse to have it picked up and just bill the person.

I'm billing you for reading this post. $50.

And you sure as hell better not quote this. Copyright infringement. $100k in damages :)
 

Mo0o

Lifer
Jul 31, 2001
24,227
3
76
Originally posted by: silverpig
Originally posted by: Mo0o
Originally posted by: rudeguy
Originally posted by: Mo0o


Well, them sending the item to his house means it's technically his property now, not the store's. I dont think there's any legitimate legal recourse on the company's part to FORCE him to return it.

Nope, but they sure as hell can bill him for it.

Are you sure they can bill him for something he didn't order? Seems like a good scam, just mail TVs to everybody, refuse to have it picked up and just bill the person.

I'm billing you for reading this post. $50.

And you sure as hell better not quote this. Copyright infringement. $100k in damages :)

You want my money? COME AND GET IT. *cocks shotgun*
 

mortong

Member
Apr 14, 2006
117
0
76
Originally posted by: Gooberlx2
Originally posted by: mortong
Originally posted by: silverpig
It's unreasonable for them to expect you to haul it to a mailing depot. Tell them you are willing to return it, but they have to send someone out to pick it up. Put it back in the box, make it as good as you can, then tell them if no one comes to pick it up in 2 weeks you will be leaving it out on the street with their shipping label on it.

It's already been mentioned here a few times, all he has to do is call UPS or Fedex to schedule a pickup after OP receives the pre-paid label.

Is he really so lazy that he can't be bothered to spend a few minutes on the phone?

I thought pick-up services cost extra. I figured their pre-printed shipping labels wouldn't cover that.

I'm in procurement and do way too many RMAs similar to this. We get the wrong item and have UPS or Fedex come pick it up. The shipping label usually isn't for a set dollar amount, but guarantees that all shipping/pickup fees will be paid by the company.
 

silverpig

Lifer
Jul 29, 2001
27,709
11
81
Originally posted by: Mo0o
Originally posted by: silverpig
Originally posted by: Mo0o
Originally posted by: rudeguy
Originally posted by: Mo0o


Well, them sending the item to his house means it's technically his property now, not the store's. I dont think there's any legitimate legal recourse on the company's part to FORCE him to return it.

Nope, but they sure as hell can bill him for it.

Are you sure they can bill him for something he didn't order? Seems like a good scam, just mail TVs to everybody, refuse to have it picked up and just bill the person.

I'm billing you for reading this post. $50.

And you sure as hell better not quote this. Copyright infringement. $100k in damages :)

You want my money? COME AND GET IT. *cocks shotgun*

Sends RIAA after you. Hopefully they're too stupid to realize I'm not a musical artist. Only good can come from the RIAA going after a guy with a shotgun :)
 

Lifted

Diamond Member
Nov 30, 2004
5,752
2
0
You folks and all of you're helpfulness ruined what should have been the greatest thread ever. We could have had the morally bankrupt OP hook up his computer to the TV and display "Thanks for the free TV, assholes!" with his middle finger as the background image, take a pic of it, and email it to the CS reps at the company. The eventual update in a few months on how his free TV cost him thousands in the end would have been classic. Oh well, was fun while it lasted.
 

silverpig

Lifer
Jul 29, 2001
27,709
11
81
Originally posted by: Lifted
You folks and all of you're helpfulness ruined what should have been the greatest thread ever. We could have had the morally bankrupt OP hook up his computer to the TV and display "Thanks for the free TV, assholes!" with his middle finger as the background image, take a pic of it, and email it to the CS reps at the company. The eventual update in a few months on how his free TV cost him thousands in the end would have been classic. Oh well, was fun while it lasted.

You were too slow.
 

Cattlegod

Diamond Member
May 22, 2001
8,687
1
0
keep it. if the company is too retarded to send the right one, then they deserve to be out of business. this is the same as a bailout, rewarding bad behavior of a retarded company. keep the damned thing and tell the company to f off. They made the mistake, they should pay for it.

worst case, charge them 900 dollars if you decide to send it back. 3 hours of labor at 300 dollars an hour. wait for payment before you send the TV back.
 

Xylitol

Diamond Member
Aug 28, 2005
6,617
0
76
Originally posted by: herrjimbo
maybe so, but does the op want to go through a legal battle

does the company want to?
all those lawyers and stuff are more expensive
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

Keep perpetuating shady chinaman image :roll:
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,414
8,356
126
Originally posted by: CRXican
this retailer has no access to a credit reporting agency

silly people

maybe not but i'm certain the collections agency they use does.


edit: ugh 6 minutes behind
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: Mo0o
Originally posted by: moshquerade
Originally posted by: Lifted
Originally posted by: Slew Foot
Haha. They have your address and CC info, they can totally screw your credit over. Heck, they can even charge you for grand theft at this point, have fun trying to get a job/loan with a felony and a shit credit score.

Felony? They sent him a TV then refunded his money. They should be charged with felony stupidity.

No, they made a mistake and are trying to get their property back. I hope they call the police on the OP.

Well, them sending the item to his house means it's technically his property now, not the store's. I dont think there's any legitimate legal recourse on the company's part to FORCE him to return it.
You're confusing unsolicted shipments with one that is solicited in the first place. Two different birds.
The company has already done the first part to force compliance, they refunded his money and arranged pre-paid shipoping THEN the op made contact in reply and attempted a negotiation, which they have a record of. So he has demonstrated and unwilling ness to comply and so... NOW, the clock is ticking on the OP to comply in a timely manner or face serious civil and or legal repercussions.
And in today's economic climate, retailers are being BRUTAL with loss prevention.
They have no margin to play with.

 

Xylitol

Diamond Member
Aug 28, 2005
6,617
0
76
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
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,414
8,356
126
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.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: Cattlegod
keep it. if the company is too retarded to send the right one, then they deserve to be out of business. this is the same as a bailout, rewarding bad behavior of a retarded company. keep the damned thing and tell the company to f off. They made the mistake, they should pay for it.
worst case, charge them 900 dollars if you decide to send it back. 3 hours of labor at 300 dollars an hour. wait for payment before you send the TV back.
You missed the part where they already refunded his money, sent him a return postage label, and rejected his offer for purchase. Contuinued thinking like that is usually why companies need a bailout in the first damned place.
SERIOUSLY, when did personal responsibility become predicated on someone else's actions?

 

EGGO

Diamond Member
Jul 29, 2004
5,505
1
0
I think it was 2 years ago I was sent 2 big LCD TVs and they didn't even know they sent me the 2nd. I returned the 2nd one back. Karma came back to me graciously and I got plus points from ATOT.

You're just trying to rip someone off. Guess what the court will see if they take you to small claims? You have a TV you didn't pay for. Why? They refunded your money.

Your recorded telephone call where you hang up abruptly will also be used, I'm sure.
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
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.

 

Xylitol

Diamond Member
Aug 28, 2005
6,617
0
76
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
 

mugs

Lifer
Apr 29, 2003
48,924
45
91
Originally posted by: RIGorous1
Ok I talked to CSR and they were unwilling to negotiate to a reasonable price.

I pointed out that today on BF the same model TV goes for $900 online and offered them $810 (accounting for 10% of a opened box item). The CSR said that the TV normally goes for $1800 on their website and that the best they could do was drop it to $1200 which was the lowest price they've had on this item this year. Unwilling to accept this price I asked them about if they had any special arrangements with USPS to pickup the item that they mistakenly shipped to me, but the CSR said that they would only send me a prepaid shipping label. So I asked what about the box that I ripped open!? He said that I shouldn't have opened the box and that I should do my best to "restore it to its original condition" and use the prepaid shipping label.

This is truly BS. They are not making it any easier for me to return this thing and they won't negotiate...

It sounds like they were willing to negotiate a reasonable price; you just have no clue what a "reasonable price" is. 10% less than a Black Friday LOSS LEADER price that you'd have to have gotten in line before dinner last night in order to have a chance at getting is not a "reasonable price."

They need to be willing to have a shipper pick the TV up, they are being unreasonable in that respect. Many people don't have a vehicle that's big enough to transport a TV of that size properly. If you ripped the box while opening it, you're an idiot.
 

BeauJangles

Lifer
Aug 26, 2001
13,941
1
0
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.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,113
925
126
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?

You, so sadly, are ethically challenged.
The only law I am aware of is the universal law of Karma.

 

coldmeat

Diamond Member
Jul 10, 2007
9,214
78
91
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.

They send prepaid shipping labels through emails. At least that's how I got mine from Microsoft.
 
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