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

[rudeguy]

Originally posted by: smack Down


http://www.usps.com/postalinspectors/fraud/merch.htm

It wasn't unsolicited.

 

[olds]

Originally posted by: rudeguy

Originally posted by: smack Down

Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

Why does it being shipped USPS matter?

While the OP is an asshat, scum sucking, tool bag, you are a thread crapper.

 

[Farang]

You have the right to negotiate that they arrange a pick-up service for you. Beyond that it is stealing. I'm confused as to why you would try to negotiate a better price with them.. that seems almost like worse than stealing. Either way you know exactly what you're doing and have tried to come up with numerous excuses for it. Whatever helps you sleep at night, but we all know it is wrong.

 

[DrPizza]

I may be mistaken, but I'm pretty sure that if a company sends you something that you didn't order, you have no obligation to return it.

HOWEVER, this does NOT apply to situations in which you ordered something and they sent you the wrong item on accident. If they make an error during legitimate business with you, then they have the legal right to fix the error.

 

[smack Down]

Originally posted by: JLee

Originally posted by: smack Down

Originally posted by: rudeguy

Originally posted by: smack Down

Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

Why does it being shipped USPS matter?

http://www.usps.com/postalinspectors/fraud/merch.htm

If it ends up in civil court, that's probably not going to fly.

If they sent him a 24" instead of what he ordered, would you expect him to be able to keep them both?

They are required under the contract to deliver the TV he ordered. The law is clear what is considered ordered and unordered merchandise.

For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient.

Can the company show any prior request for the 42 inch TV?

 

[smack Down]

Originally posted by: rudeguy

Originally posted by: smack Down


http://www.usps.com/postalinspectors/fraud/merch.htm

It wasn't unsolicited.

Well gee now I'm convinced, you want to show a law saying it wasn't. I can show one that it was.
http://www.law.cornell.edu/uscode/39/3009.shtml

 

[olds]

Originally posted by: DrPizza
I may be mistaken, but I'm pretty sure that if a company sends you something unsolicited, you have no obligation to return it.

...

Fixed

 

[jlee]

Originally posted by: smack Down

Originally posted by: JLee

Originally posted by: smack Down

Originally posted by: rudeguy

Originally posted by: smack Down

Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

Why does it being shipped USPS matter?

http://www.usps.com/postalinspectors/fraud/merch.htm

If it ends up in civil court, that's probably not going to fly.

If they sent him a 24" instead of what he ordered, would you expect him to be able to keep them both?

They are required under the contract to deliver the TV he ordered. The law is clear what is considered ordered and unordered merchandise.

For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient.

Can the company show any prior request for the 42 inch TV?

As I said, it's probably not going to fly- the company made an error, which they apparently attempted to remedy without success. Judges interpret the intent of the law- not always read it in pure black and white.

But hey..whatever he wants to do..any ethical/moral/whatever issues are his concern, not mine.

 

[between]

 

[RIGorous1]

Originally posted by: rudeguy
Making sure the FS/FT forum sees this.

OMG what's with the smear campaign... I must've struck a nerve with this guy or something...

Edit:

ROFLMAO I'm in his sig. What a proud day it is for me, if I'm that important.

Edit2: just noticed that I'm ironically above "people who hold grudges" LOL

 

[tasmanian]

Originally posted by: RIGorous1

Originally posted by: rudeguy
Making sure the FS/FT forum sees this.

OMG what's with the smear campaign... I must've struck a nerve with this guy or something...

Edit:

ROFLMAO I'm in his sig. What a proud day it is for me, if I'm that important.

Edit2: just noticed that I'm ironically above "people who hold grudges" LOL

Well op it looks like the law is on your side. You now have a free 46" tv and your money. Ill be the first and say congratulations. If they still bitch just show them the law excerpt.

 

[skillyho]

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.

They do.....we get things all the time at work that have to be returned and WE are required to transport the items to a shipping facility, unless specified by the return label that the shipper payed the extra for pickup. Just call UPS/FedEx with the label info and they will get this answered for you....

OP: I see your dilemma, and you probably could have worked something out of it if you had handled the CSR more gracefully. In all sincerity, any company could very well run a scam like that as well. "Accidentally" ship the wrong item out, refund the previous charges to save face, and then insist on paying the full bill....or hope the customer just eats the difference in price. I know many of my family/friends would just deal with the potential cost mark-ups to avoid the hassle of purchasing a new set and doing the wire management over again.

 

[Praxis1452]

I'd bet that some action is going to be taken by the company. They refunded your money and are willing to pay shipping. lol

If you succeed cool. I doubt it. Either way, update.

 

[Insomniator]

Both the customer and company sound like shit heads.

I didn't see but have the actual models been discussed?

I'd bet OP bought some shitty dynex or other pathetic ass tv and the 46 is a 1080p Sony (1800 sounds like Sony).

10% off BF deal? An embarrassing (for the OP) request.

Anyway, my gut says the law sides with him after all this is done. Regardless it will probably end up being farrrr to much trouble for either television to have been worth it.

 

[Capt Caveman]

I'm not going to read thru the whole thing but if I was him. I would never had opened up the tv knowing that it wasn't the one I ordered. And I would have had the company send me my order with a 10% credit for my troubles.

OP is a scumbag for handling the situation, the way he has.

 

[QED]

From United States v. Helms (http://www.armfor.uscourts.gov.../1996Term/96-1167.htm)

"The mistaken delivery of property to an individual who realizes the mistake and
simultaneously forms the intent to steal the property at the moment of receipt constitutes
larceny at common law. W. LaFave & A. Scott, 2 Substantive Criminal Law 8.2(g) at
342-43 (1986). Furthermore, where the individual does not realize the mistake at the
time of receipt but realizes it later and then forms the requisite intent, there is a larceny
as well."

That's a Miltary Court's opinion, but I doubt a civilian court would come to a substantially different one.

What does the FTC have to say?

Q. What should I do if the unordered merchandise I received was the result of an honest
shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for
postage and handling. Give the seller a specific and reasonable amount of time (say 30
days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell
the seller that you reserve the right to keep the merchandise or dispose of it after the
specified time has passed.

 

[Leros]

I had a similar experience with dell. My monitor broke, so they sent me a new one and wanted the old one back. The new one had a removable stand, so the box too small to fit my old monitor into. They actually told me to go ahead and break the old monitor to fit in the box. They didn't care if it was functional upon return, they just wanted to insure that I wasn't scamming them out of a monitor.

 

[newnameman]

Originally posted by: QED
From United States v. Helms (http://www.armfor.uscourts.gov.../1996Term/96-1167.htm)

"The mistaken delivery of property to an individual who realizes the mistake and
simultaneously forms the intent to steal the property at the moment of receipt constitutes
larceny at common law. W. LaFave & A. Scott, 2 Substantive Criminal Law 8.2(g) at
342-43 (1986). Furthermore, where the individual does not realize the mistake at the
time of receipt but realizes it later and then forms the requisite intent, there is a larceny
as well."

That's a Miltary Court's opinion, but I doubt a civilian court would come to a substantially different one.

That case is totally irrelevant if we are dealing with the mailing of unordered merchandise. Though in Georgia at least, the OP would be required to send back the merchandise under the laws covering unjust enrichment:

It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding ?unjust enrichment? obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up.

http://www.georgia.gov/00/arti...39081_38193172,00.html

 

[zinfamous]

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.

you = douchebag.

your posts read like you're taunting these forums as much as you're taunting the company.

 

[zinfamous]

Originally posted by: LikeLinus

Originally posted by: herrjimbo

Originally posted by: Evadman

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.

You are a douche.

i believe asshat is a better word.

Thief would be the correct word.

douchebag asshat thief?

 

[zinfamous]

Originally posted by: rudeguy

Originally posted by: LikeLinus

Originally posted by: herrjimbo

Originally posted by: Evadman

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.

You are a douche.

i believe asshat is a better word.

Thief would be the correct word.

I would like to see banned user added to the list

A banned thieving douchebag asshat?

 

[zinfamous]

Originally posted by: RIGorous1

Originally posted by: Amused
More about Spunky's compromise:

Call them and tell them you opened the box before you realized it was the wrong item. Tell them you'd rather just buy the 46" than send it back. Tell them you would appreciate a discount since this was their mistake. The discount should equal the loss they take on it now being an open box item (a couple hundred on a $1500 TV), plus the return shipping costs.

If you love it, pay for it.

Ok all I'm calling these people back up to negotiate keeping this thing legitimately...

Comparable BF ads have the 46" at $900, so should I offer $800?

No way. No one matches BF prices. them's the rules. If you don't like it, get your ass to a brick and mortar at 4am and wait in line for those 10 TVs sold at that price.

 

[JEDIYoda]

Originally posted by: Evadman

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.

You are a douche.

Let me correct this if I may.....
You are a douche and you are stealing!!!

 

[zinfamous]

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...

Why did you rip open the box? I still have the box for my 42" plasma completely intact, 2 years later.

As Steve pointed out earlier, you freaking KNEW this wasn't your TV before you opened it--impossible not to know. ...and you ripped the box to shreds? what kind of peon does that?

You made them a TERRIBLE offer. No one will match BF deals--completely off limits. Are you old enough to drive, yet?

 

[JEDIYoda]

Originally posted by: theblackbox

Originally posted by: Amused

Originally posted by: theblackbox
too bad they can't affect your heat rating, i wouldn't trade with you...

He hasn't done anything wrong YET. He is having a moral dilemma and his little devil on the left shoulder is talking at the moment. That does not mean he won't do the right thing in the end.

We ALL agonize over moral dilemmas.

having the moral dilemma brings question to character. someone who is honest and respectable would make the choice before it was a choice. the fact that the OP is questioning if it is wrong to keep it says the thought passed through his mind. Thats the mind of a criminal.

Exactly!!! I see no moral delemma here!!! He knows what is right and refuses to do what is right!! That IMO is a moral slam dunk!! Return the damn thing or pay for it!!

There is NO moral delemma here!!!
Only a delemma of the character of the OP!!!