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

Discussion in 'Off Topic' started by RIGorous1, Nov 28, 2008.

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  1. rudeguy

    rudeguy Lifer

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  2. olds

    olds Elite Member

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

    Farang Lifer

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    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.
     
  4. DrPizza

    DrPizza Administrator Elite Member Goat Whisperer
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    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.
     
  5. smack Down

    smack Down Diamond Member

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    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?
     
  6. smack Down

    smack Down Diamond Member

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  7. olds

    olds Elite Member

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    Fixed

     
  8. jlee

    jlee Lifer

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    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.
     
  9. between

    between Senior member

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  10. RIGorous1

    RIGorous1 Platinum Member

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    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
     
  11. tasmanian

    tasmanian Diamond Member

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    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.
     
  12. skillyho

    skillyho Golden Member

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    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.
     
  13. Praxis1452

    Praxis1452 Platinum Member

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    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.
     
  14. Insomniator

    Insomniator Diamond Member

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    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.

     
  15. Capt Caveman

    Capt Caveman Lifer

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    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.
     
  16. QED

    QED Diamond Member

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

    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?


     
  17. Leros

    Leros Lifer

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    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.
     
  18. newnameman

    newnameman Platinum Member

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

    zinfamous No Lifer

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    you = douchebag.

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

    zinfamous No Lifer

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    douchebag asshat thief?
     
  21. zinfamous

    zinfamous No Lifer

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    A banned thieving douchebag asshat?
     
  22. zinfamous

    zinfamous No Lifer

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    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.
     
  23. JEDIYoda

    JEDIYoda Lifer

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

    zinfamous No Lifer

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    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?
     
  25. JEDIYoda

    JEDIYoda Lifer

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    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!!!
     
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