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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GoPackGo

Diamond Member
Oct 10, 2003
6,520
595
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Originally posted by: Iron Woode
Originally posted by: GoPackGo
Originally posted by: BeauJangles
Originally posted by: GoPackGo
Originally posted by: mortong
Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Do you even realize what you're saying?

You're arguing that I should out in my car right now and shoot someone because even though I KNOW what the law is, there is never any certainty until I go to court.

There is zero ambiguity about whether he is in the wrong over this situation. He had an open contract with a company which fucked up and sent him the wrong item. That, by definition, is a good faith error. Laws concerning unsolicited merchandise do not apply because there was an open contract for the delivery of a television.

The only ambiguity if this ever went to court is how much trouble would he be in. Likely, it wouldn't be much, but he could get hit with all sorts of awful things if there was a really vindictive DA or something.

As for "what the company should have done," I'd disagree. Look at it from their perspective -- they make a mistake, the buyer refuses to send it back and basically laughs at them. They have no reason to trust him at this point and you want them to ship him another tv before they've secured the one they own? No way. If he had been cooperative from the beginning, I could easily see that happening, but not once he was trying to steal from them.

Again, you're right about the moving it. The company needs to send someone to pick it up because they cannot charge him for their mistake (or make him drive to a USPS).


Well, the jury did find OJ "Not Guilty"

Also, people break laws ALL THE TIME. DA's could have a field day with all the OLD laws on the books that are no longer socially relevent today...

Either way, I digress on that piece of it.

If the company were to call the police, the first step in reporting theft, I can tell you what would happen. The police would show and the OP would tell them that the company won't pay to pickup the TV. The police would then tell the company to send someone to pick it up and it would be back in their court.

A$$hats all around.
for the love of God, stop posting.

Why don't you go take a flying leap!

 

Steve

Lifer
May 2, 2004
15,945
11
81
Originally posted by: moshquerade
Originally posted by: Steve
On second thought, keep posting - we could use the entertainment.

why did he call you fuzzball? has he seen your nutters?

I don't know, but it sure made my day. Someone needs to write that one down somewhere.

Can I get my title "Lifer" changed to "Fuzzball"?
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Originally posted by: bl4ckfl4g
I would have returned this but they would have had to send a courier. I'm not spending 1 minute of time, effort, or money to fix their mistake. That is their job. I would have actually called them as soon as I received it but still it is their mistake and I shouldn't have to do any extra work. I have enough to do as it is.

This. I wouldn't open the box and would wait for them to make all the arrangements. No way in hell I'm renting a truck to haul it to USPS/FedEx/UPS or whoever they get the prepaid shipping from.
 

Chryso

Diamond Member
Nov 23, 2004
4,039
13
81
So how did this one end up? Can the OPer update the OP?
There is way too much to search through here.
 

looker001

Banned
Jun 25, 2007
603
0
0
Originally posted by: zinfamous
Originally posted by: GoPackGo
Originally posted by: mortong
Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Ah, there really isn't any doubt over what the Law IS. It's printed in detail for every one to read. You're referring to what may happen in the case of trial or interpretation of law, which is legit.

In OP's case, however, there is very little doubt what will happen to him if he doesn't return the TV that he stole.

Nothing will happen to op regarding criminal side. As for civil, that depends how far the company want to push the issue. I suspect, the company will not do anything to him as far as lawsuit, and instead will block list him ever doing business with this company again.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Originally posted by: Chryso
So how did this one end up? Can the OPer update the OP?
There is way too much to search through here.

Any updates at all?
 

BoomerD

No Lifer
Feb 26, 2006
66,390
14,790
146
Nah...I think we've all been syringered...or goosed as the case may be...

Personally, I think the entire thing has been bullshit right from the first post by the OP, just to keep us stirred up.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Originally posted by: BoomerD
Nah...I think we've all been syringered...or goosed as the case may be...

Personally, I think the entire thing has been bullshit right from the first post by the OP, just to keep us stirred up.

I know about the spider, what's the goose thing?
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
Originally posted by: moshquerade
Originally posted by: looker001
Originally posted by: keysplayr2003
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.

If you want to learn the hard way, keep the TV and the money. If you wan't to do things the right way and avoid prison, then send the TV back and then purchase the original TV you intended to.


Prison? :D he will not be going to any prison.
but... but... you've already promised him conjugal visits. :evil:
hahahahaaa way too funny!!!! Good1
 

Steve

Lifer
May 2, 2004
15,945
11
81
Originally posted by: rudeguy
Originally posted by: BoomerD
Nah...I think we've all been syringered...or goosed as the case may be...

Personally, I think the entire thing has been bullshit right from the first post by the OP, just to keep us stirred up.

I know about the spider, what's the goose thing?

Goosemaster's thread about being a corporate whistleblower was never concluded.
 

BoomerD

No Lifer
Feb 26, 2006
66,390
14,790
146
Originally posted by: Steve
Originally posted by: rudeguy
Originally posted by: BoomerD
Nah...I think we've all been syringered...or goosed as the case may be...

Personally, I think the entire thing has been bullshit right from the first post by the OP, just to keep us stirred up.

I know about the spider, what's the goose thing?

Goosemaster's thread about being a corporate whistleblower was never concluded.

Yep...the bastard "goosed" us...
 

KoolDrew

Lifer
Jun 30, 2004
10,226
7
81
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.

 

BoomerD

No Lifer
Feb 26, 2006
66,390
14,790
146
Originally posted by: Ns1
Last Visited On: 11/29/2008 1:43:17 PM

RIP

Good riddance.

I hope the company sent Vito and Guido to collect the TV...:D
 

olds

Elite Member
Mar 3, 2000
50,125
779
126
Originally posted by: AlienCraft
Originally posted by: Finalnight
Originally posted by: BoomerD
Originally posted by: Ns1
Last Visited On: 11/29/2008 1:43:17 PM

RIP

Good riddance.

I hope the company sent Vito and Guido to collect the TV...:D

No, they sent Vonkhan's landlord.
Ok, Just as long as that SOB doesn't hurt any more animals. :|

Was he killing kittens?
 
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