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

[SamurAchzar]

Ehh, can they even cancel the deal like that, single sided? I'm not sure at all. Having sent him the wrong TV means nothing in this case - the original deal is still valid (for the 32" TV) and I can't see how they can do it. It's against any reasonable customer protection law.

I think people here get confused by the fact we're talking about two TVs. For the sake of arguments, lets say he bought a 32" TV, but instead got a HUGE THROBBING DILDO. Could they just single sidedly cancel his TV deal and ask for the HUGE THROBBING DILDO back? Nah-ah.

Or lets put it the other way: He bought a 32" TV, and got it. A week later, the company cancels the CC charge and asks for it back. Is he still a thief? Don't be idiots.

So basically I think they're a bunch of fucktards, trying to intimidate the poor guy. After pulling this kinda shit on me (canceling out the original deal) I'd threaten to sue them for not honoring the original deal (unless there's a law protecting them from that) as well as sending me an unsolicited product, and see how we can settle this so I can keep the bigger TV and be done with that.

It's all their fault basically. It'd all be different had they immediately, no-questions-asked shipped out the right TV. Then I'd say OP should return the 46" or just negotiate something with them if he likes it. I'm not for capitalizing on the mistakes of others, but if they try to screw you, I say they have it coming.

 

[KK]

Originally posted by: ElFenix

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

Not saying they don't but are you pulling this out your ass or is there something to back this up? I mean, in order to go on your credit report I was under the impression that they had to have your ssn, which they wouldn't have. If any third party can just give their uncollectible debt to a collection agency then we'd be having individuals sending every little thing to collection, such as engagement rings, any construction related disputes where a contractor stiffed the home owner, etc. There would be no need for the people's court no more. Anybody know the real answer?

 

[BeauJangles]

Originally posted by: SamurAchzar
Ehh, can they even cancel the deal like that, single sided? I'm not sure at all. Having sent him the wrong TV means nothing in this case - the original deal is still valid (for the 32" TV) and I can't see how they can do it. It's against any reasonable customer protection law.

I think people here get confused by the fact we're talking about two TVs. For the sake of arguments, lets say he bought a 32" TV, but instead got a HUGE THROBBING DILDO. Could they just single sidedly cancel his TV deal and ask for the HUGE THROBBING DILDO back? Nah-ah.

Or lets put it the other way: He bought a 32" TV, and got it. A week later, the company cancels the CC charge and asks for it back. Is he still a thief? Don't be idiots.

So basically I think they're a bunch of fucktards, trying to intimidate the poor guy. After pulling this kinda shit on me (canceling out the original deal) I'd threaten to sue them for not honoring the original deal (unless there's a law protecting them from that) as well as sending me an unsolicited product, and see how we can settle this so I can keep the bigger TV and be done with that.

It's all their fault basically. It'd all be different had they immediately, no-questions-asked shipped out the right TV. Then I'd say OP should return the 46" or just negotiate something with them if he likes it. I'm not for capitalizing on the mistakes of others, but if they try to screw you, I say they have it coming.

How was the big, bad corporation trying to screw him? They fucked up and sent him the wrong TV. He tried to screw them by refusing to return it. They canceled his initial order. I don't see why you think they can't cancel it, companies do it all the time (think pricing errors).

So, the OP tried to fuck them over, now he's going to get fucked over and you're trying to pin it on some evil company? I don't think so. I have a feeling that if the OP had worked with them from the beginning, the whole process would have been much easier and I'm sure they would have overnighted the right TV to him or something. When you treat people like shit, though, and try to screw them, they're not going to be so apt to help you.

 

[SamurAchzar]

Pricing errors are one thing, sending you the wrong product and subsequently canceling your order thus creating the impression you stole something, is something else. They shouldn't have canceled his order - rather, they should have fulfilled their part of the deal, by immediately sending out the right TV, and only then working with him to get the 46" back. I'm guessing they could also go to the authorities then.

They've created a bit of a situation here. Basically they've invalidated a deal they had no right to invalidate. Could they do that had he gotten the right TV? of course not.

 

[BeauJangles]

Originally posted by: SamurAchzar
Pricing errors are one thing, sending you the wrong product and subsequently canceling your order thus creating the impression you stole something, is something else. They shouldn't have canceled his order - rather, they should have fulfilled their part of the deal, by immediately sending out the right TV, and only then working with him to get the 46" back. I'm guessing they could also go to the authorities then.

They've created a bit of a situation here.

They wanted the original TV back, the OP said no. You're telling me they should have sent him ANOTHER few hundred dollars worth of merchandise after he refused to return what wasn't his?

 

[SamurAchzar]

Exactly. They should have been holier than Mr. Christ himself, then seek amendments. What have they done now? Created a huge hassle for him, canceled out his deal without consent and now he doesn't have the TV he ordered. He's on a much better position that he'd been otherwise, IMHO.

 

[dlx22]

Originally posted by: BeauJangles

Originally posted by: SamurAchzar
Pricing errors are one thing, sending you the wrong product and subsequently canceling your order thus creating the impression you stole something, is something else. They shouldn't have canceled his order - rather, they should have fulfilled their part of the deal, by immediately sending out the right TV, and only then working with him to get the 46" back. I'm guessing they could also go to the authorities then.

They've created a bit of a situation here.

They wanted the original TV back, the OP said no. You're telling me they should have sent him ANOTHER few hundred dollars worth of merchandise after he refused to return what wasn't his?

except op paid for a tv...if he sends the 46" back he then has to wait longer to receive the tv he originally paid for because the company screwed up...bottom line if they had sent him the right tv there would be no issue here.

 

[Xylitol]

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'm obviously not "blinded by a potential "free gift"" because I am willing to give it back if the company is willing to do everything for me.

See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

 

[BeauJangles]

Originally posted by: dlx22

Originally posted by: BeauJangles

Originally posted by: SamurAchzar
Pricing errors are one thing, sending you the wrong product and subsequently canceling your order thus creating the impression you stole something, is something else. They shouldn't have canceled his order - rather, they should have fulfilled their part of the deal, by immediately sending out the right TV, and only then working with him to get the 46" back. I'm guessing they could also go to the authorities then.

They've created a bit of a situation here.

They wanted the original TV back, the OP said no. You're telling me they should have sent him ANOTHER few hundred dollars worth of merchandise after he refused to return what wasn't his?

except op paid for a tv...if he sends the 46" back he then has to wait longer to receive the tv he originally paid for because the company screwed up...bottom line if they had sent him the right tv there would be no issue here.

Like I said, the company should trust that he'll return the 46" once they ship him the proper TV? I don't think so. He already told them he wanted to keep it and refused to work out a return schedule with them. Why should they suddenly trust him?

 

[Amused]

Folks, had he done the right thing from the beginning all he would have had to do was call the store, inform them of their mistake. Then slap on a return label when it came and call for a pickup.

But no, he opened the box fully expecting he had hit the jackpot and figured he would keep it. THAT is HIS mistake. The repacking of the TV is HIS problem.

Remember that when talking about what a pain it is for him to return it. 98% of the pain is because his morality shut down when he thought he had won the TV lottery.

 

[SamurAchzar]

Originally posted by: BeauJangles

Originally posted by: dlx22

Originally posted by: BeauJangles

Originally posted by: SamurAchzar
Pricing errors are one thing, sending you the wrong product and subsequently canceling your order thus creating the impression you stole something, is something else. They shouldn't have canceled his order - rather, they should have fulfilled their part of the deal, by immediately sending out the right TV, and only then working with him to get the 46" back. I'm guessing they could also go to the authorities then.

They've created a bit of a situation here.

They wanted the original TV back, the OP said no. You're telling me they should have sent him ANOTHER few hundred dollars worth of merchandise after he refused to return what wasn't his?

except op paid for a tv...if he sends the 46" back he then has to wait longer to receive the tv he originally paid for because the company screwed up...bottom line if they had sent him the right tv there would be no issue here.

Like I said, the company should trust that he'll return the 46" once they ship him the proper TV? I don't think so. He already told them he wanted to keep it and refused to work out a return schedule with them. Why should they suddenly trust him?

If this was a matter of trust, they wouldn't have canceled his CC charges, right? I mean, what's the difference between refunding the price of a 32" TV or just sending it? If anything, sending it would be the more profitable thing to do (because the actual cost of it is obviously less than the charged amount). No, they fucked up and now they want to back completely out of the deal, and possibly apply some pressure on this guy.

They're counting on him being as ignorant of some of the guys here who think that if the company refunded him the money he's suddenly a thief (I mean, he might be, but it has nothing to do with them refunding the money).

 

[GodlessAstronomer]

Originally posted by: Xylitol
See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

Err, yes it is. The computer is valued at whatever the consumer is willing to pay for it.

 

[mugs]

Originally posted by: SamurAchzar
Ehh, can they even cancel the deal like that, single sided? I'm not sure at all. Having sent him the wrong TV means nothing in this case - the original deal is still valid (for the 32" TV) and I can't see how they can do it. It's against any reasonable customer protection law.

I think people here get confused by the fact we're talking about two TVs. For the sake of arguments, lets say he bought a 32" TV, but instead got a HUGE THROBBING DILDO. Could they just single sidedly cancel his TV deal and ask for the HUGE THROBBING DILDO back? Nah-ah.

Or lets put it the other way: He bought a 32" TV, and got it. A week later, the company cancels the CC charge and asks for it back. Is he still a thief? Don't be idiots.

So basically I think they're a bunch of fucktards, trying to intimidate the poor guy. After pulling this kinda shit on me (canceling out the original deal) I'd threaten to sue them for not honoring the original deal (unless there's a law protecting them from that) as well as sending me an unsolicited product, and see how we can settle this so I can keep the bigger TV and be done with that.

It's all their fault basically. It'd all be different had they immediately, no-questions-asked shipped out the right TV. Then I'd say OP should return the 46" or just negotiate something with them if he likes it. I'm not for capitalizing on the mistakes of others, but if they try to screw you, I say they have it coming.

You're the one who doesn't understand the situation. They didn't refund the 32" until the OP refused to return the 46". They would have shipped him his 32" if he had been willing to send back the 46", and they probably would have been willing to compensate him for his inconvenience if he hadn't tried to rip them off. They canceled the 32" so he couldn't claim that the TV was rightfully his because he paid for it. They didn't do anything until he refused to return the TV that he didn't pay for.

 

[Xylitol]

Originally posted by: GodlessAstronomer

Originally posted by: Xylitol
See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

Err, yes it is. The computer is valued at whatever the consumer is willing to pay for it.

i said physically as in the parts to make it (which the producer pays for)
then, the retailer jumps up the price a lot for the consumer to buy it.

 

[sjwaste]

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'll be hard pressed to find any law that allows you to keep it.

Have them arrange to pick it up at your house. However, you should have the burden of packaging it. You unpacked a TV that obviously wasn't the one you ordered.

This is probably ICRS's 3rd account or something.

 

[BeauJangles]

Originally posted by: Xylitol

Originally posted by: GodlessAstronomer

Originally posted by: Xylitol
See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

Err, yes it is. The computer is valued at whatever the consumer is willing to pay for it.

i said physically as in the parts to make it (which the producer pays for)
then, the retailer jumps up the price a lot for the consumer to buy it.

I'm sure if he had offered to basically pay the company's cost on the TV, they would have taken the deal. Instead he wanted them to take a huge loss on it.

 

[dlx22]

Originally posted by: mugs

Originally posted by: SamurAchzar
Ehh, can they even cancel the deal like that, single sided? I'm not sure at all. Having sent him the wrong TV means nothing in this case - the original deal is still valid (for the 32" TV) and I can't see how they can do it. It's against any reasonable customer protection law.

I think people here get confused by the fact we're talking about two TVs. For the sake of arguments, lets say he bought a 32" TV, but instead got a HUGE THROBBING DILDO. Could they just single sidedly cancel his TV deal and ask for the HUGE THROBBING DILDO back? Nah-ah.

Or lets put it the other way: He bought a 32" TV, and got it. A week later, the company cancels the CC charge and asks for it back. Is he still a thief? Don't be idiots.

So basically I think they're a bunch of fucktards, trying to intimidate the poor guy. After pulling this kinda shit on me (canceling out the original deal) I'd threaten to sue them for not honoring the original deal (unless there's a law protecting them from that) as well as sending me an unsolicited product, and see how we can settle this so I can keep the bigger TV and be done with that.

It's all their fault basically. It'd all be different had they immediately, no-questions-asked shipped out the right TV. Then I'd say OP should return the 46" or just negotiate something with them if he likes it. I'm not for capitalizing on the mistakes of others, but if they try to screw you, I say they have it coming.

You're the one who doesn't understand the situation. They didn't refund the 32" until the OP refused to return the 46". They would have shipped him his 32" if he had been willing to send back the 46", and they probably would have been willing to compensate him for his inconvenience if he hadn't tried to rip them off. They canceled the 32" so he couldn't claim that the TV was rightfully his because he paid for it. They didn't do anything until he refused to return the TV that he didn't pay for.

actually if you go back and read what the op posted in his first couple of posts you'll realize your post is completely speculation at best and you've added your own facts. Folks there isn't really enough information here to come down on one side or the other conclusively, should op send tv back? yes of course but i'm not convinced the company is doing everything it can to resolve the mishap fairly...and the only person that really knows whats going on is the OP, i certainly haven't read anything in this thread that would lead me to the conclusions that many of you have drawn here.

 

[Xylitol]

Originally posted by: BeauJangles

Originally posted by: Xylitol

Originally posted by: GodlessAstronomer

Originally posted by: Xylitol
See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

Err, yes it is. The computer is valued at whatever the consumer is willing to pay for it.

i said physically as in the parts to make it (which the producer pays for)
then, the retailer jumps up the price a lot for the consumer to buy it.

I'm sure if he had offered to basically pay the company's cost on the TV, they would have taken the deal. Instead he wanted them to take a huge loss on it.

the company said no to the offer someone said

 

[BeauJangles]

Originally posted by: Xylitol

Originally posted by: BeauJangles

Originally posted by: Xylitol

Originally posted by: GodlessAstronomer

Originally posted by: Xylitol
See, if the seller were a PERSON, I would have no problem with it and would give the wrong item back presto. The thing is that this is a COMPANY, and I'm paying for the SERVICE of the item (ie: a 1000 dollar computer from bestbuy is not physically worth 1000 dollars)

Err, yes it is. The computer is valued at whatever the consumer is willing to pay for it.

i said physically as in the parts to make it (which the producer pays for)
then, the retailer jumps up the price a lot for the consumer to buy it.

I'm sure if he had offered to basically pay the company's cost on the TV, they would have taken the deal. Instead he wanted them to take a huge loss on it.

the company said no to the offer someone said

Because he wanted it at 10% off the BF price. That's well below the company's cost.

 

[dlx22]

10% off black friday price was definately an unreasonable demand considering he's the one that opened the box. OP it seems like your are trying to unreasonably take advantage of the company for their mistake...try and at least find a middle ground.

 

[dbk]

Originally posted by: Amused
Folks, had he done the right thing from the beginning all he would have had to do was call the store, inform them of their mistake. Then slap on a return label when it came and call for a pickup.

But no, he opened the box fully expecting he had hit the jackpot and figured he would keep it. THAT is HIS mistake. The repacking of the TV is HIS problem.

Remember that when talking about what a pain it is for him to return it. 98% of the pain is because his morality shut down when he thought he had won the TV lottery.

Absolutely right. I would've never opened the box.

 

[Tweak155]

Originally posted by: dlx22

Originally posted by: mugs

Originally posted by: SamurAchzar
Ehh, can they even cancel the deal like that, single sided? I'm not sure at all. Having sent him the wrong TV means nothing in this case - the original deal is still valid (for the 32" TV) and I can't see how they can do it. It's against any reasonable customer protection law.

I think people here get confused by the fact we're talking about two TVs. For the sake of arguments, lets say he bought a 32" TV, but instead got a HUGE THROBBING DILDO. Could they just single sidedly cancel his TV deal and ask for the HUGE THROBBING DILDO back? Nah-ah.

Or lets put it the other way: He bought a 32" TV, and got it. A week later, the company cancels the CC charge and asks for it back. Is he still a thief? Don't be idiots.

So basically I think they're a bunch of fucktards, trying to intimidate the poor guy. After pulling this kinda shit on me (canceling out the original deal) I'd threaten to sue them for not honoring the original deal (unless there's a law protecting them from that) as well as sending me an unsolicited product, and see how we can settle this so I can keep the bigger TV and be done with that.

It's all their fault basically. It'd all be different had they immediately, no-questions-asked shipped out the right TV. Then I'd say OP should return the 46" or just negotiate something with them if he likes it. I'm not for capitalizing on the mistakes of others, but if they try to screw you, I say they have it coming.

You're the one who doesn't understand the situation. They didn't refund the 32" until the OP refused to return the 46". They would have shipped him his 32" if he had been willing to send back the 46", and they probably would have been willing to compensate him for his inconvenience if he hadn't tried to rip them off. They canceled the 32" so he couldn't claim that the TV was rightfully his because he paid for it. They didn't do anything until he refused to return the TV that he didn't pay for.

actually if you go back and read what the op posted in his first couple of posts you'll realize your post is completely speculation at best and you've added your own facts. Folks there isn't really enough information here to come down on one side or the other conclusively, should op send tv back? yes of course but i'm not convinced the company is doing everything it can to resolve the mishap fairly...and the only person that really knows whats going on is the OP, i certainly haven't read anything in this thread that would lead me to the conclusions that many of you have drawn here.

Exactly my thoughts.

The people that say the company is trying to intimidate him... how do you know? Only people here have speculated that is what they are doing. The OP never said that, regardless he may only feel that way while not knowing what the reason was. Policy maybe? SHOCKER! Could the policy be in place to intimidate? We don't know!

Everyone needs to back off and suggest the obvious thing to do:

1 - Return the TV. It isn't yours, you didn't pay for it and the company didn't willingly give it to you having all intentions in mind that it was paid for to their satisfaction.

2 - It is not your responsibility to take it somewhere to be shipped. They need to get it picked up. Everything else (re-packing) is your job. In fact it should have never been opened.

3 - Quit being greedy.


I had Dell ship me a laptop with the bluetooth module separate. Turned out I didn't like the laptop... when I went to return the whole order, they told me to keep the bluetooth module because it would cost them more to get it back than to let me have it. Under these circumstances where the company acknowledges it is cheaper for them for you to keep their mistake, you can keep the product. I still got the refund on the module. I have no moral quarrels.

On another note, when my company paid me 10 hrs too many in OT, I told them. I worked the OT to earn the money within the next 2 weeks so I just kept it and subtracted my OT from future paychecks (by their request).

Money / material things do strange things to people. Trying to justify something indicates you know it is wrong to begin with. Send it back already.

 

[RIGorous1]

couple of points of clarification...

My order was canceled before I made any mention of myself trying to keep the TV. Did I wish I could keep the 46" instead of the 32". Yes. Did I hope there was a law that would allow me to. Yes. Am I a saint. No.

I bought a wall mount in addition to the 32" and needless to say I did not receive that either. My first conversation went something like this:

hi I'd like to check the status of order XXXXXXXX

it says here that your order has been canceled.

cancelled? why?

let me check... it appears that we sent you the wrong item, so we've canceled the transaction and given you a full refund. (the rest of the story is already posted)

Secondly, the package was shipped USPS Parcel post and I'm, nor the CSR I spoke to, are aware of any pickup option by the USPS (the box together with the TV is over 50 lbs.). Therefore, I'm the one who must take this to the post office.

 

[SamurAchzar]

Originally posted by: Tweak155
Money / material things do strange things to people. Trying to justify something indicates you know it is wrong to begin with. Send it back already.

While I differ on the way to act given the situation he got into, I couldn't agree more on the bold part. Well said.

 

[BeauJangles]

Originally posted by: RIGorous1


Secondly, the package was shipped USPS Parcel post and I'm, nor the CSR I spoke to, are aware of any pickup option by the USPS (the box together with the TV is over 50 lbs.). Therefore, I'm the one who must take this to the post office.

Then, I'd say it would be reasonable to request they return ship it through UPS or Fedex so that the TV can be picked up directly from your house.