Got a product in the mail I didn't ask for. They want to charge me for it unless I return it. What law says I don't?

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Evadman

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
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Here's the deal. I ordered something online on a friday. They charged my Visa that day, but the company didn't provide tracking within 7 days, so I called them to see what was up on the tuesday after the 7 days. I was told the product I bought was on backorder. We had a long conversation about how the company sucked for not telling me, and I canceled it (after the guy on the other end offered me every option in the book, saying they can do a partial shippment, free shipping, etc)

Well, the following tuesday, (2 weeks and 3 days after I ordered it) it was delivered to my home. According to the shipping label, it was shipped at 9:34 PM the day I called and was told it was on Backorder. WTF?

On top of it, it is not even the one I ordered. I am so pissed off right now.

I know there is a law that says you can keep anything sent to you by a company that you did not ask for. (such as a knife set, that you can buy for $20 or send back) but I do not know the working of the law, and was unable to find it on google (because my google skills suck today. Can anyone point me to this law before I go head to head with this comapny next week?

Cliff Notes
1. Ordered stuff online
2. Charged to my account that day against VISA regulatons
3. Product on Backorder
4. Called to cancel product, recieved confermation of cancel.
5. They shipped it at 9:34 PM the day I canceled it. Yes, PM
6. Need law that says I can keep it because I am a bastard, and a RossMAN in training.

<edit>
shipped later that day. my bad. Was looking at wrong day on calendar.
 
M

MacBaine

Banned
Aug 23, 2001
9,999
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Just out of curiosity, what company is this? Sounds similar to an experience of a friend of mine's that happened lately... (bought some stuff, never received confirmation, later saw stuff was sold out... never charged his card... about a month later the card is charged and products arrive)
 
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
well you did order it. So there was a shipping snafu big deal. either return it or pay for it.

If you keep it they will charge your CC if you disput it then they have proof it was orderd. I dont see you winning this.

Just send it back. No big deal



Oh and the law is if they send something to you that you did NOT order (then cancel) then you can keep it. But thats not what happened here.
 
M

MercenaryForHire

Lifer
Jan 31, 2002
40,819
2
0
Being from Canada, I'm just going to sit back and see how this stuff gets handled south of the border. I know up here, anything you didn't order that's shipped is a "free sample" - but if you actually *placed* an order, that's different.

I'd call your cardholder, and get them to reverse the charges - since you have confirmation of cancellation, you should be able to pull it off. At that point, you have free product, and may ask company if they will pay COD or give you compensation. :p

- M4H
 
M

MacBaine

Banned
Aug 23, 2001
9,999
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PS... you should just call your CC company and tell them the story, I'm sure they'd help you out.
 
Evadman

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
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My bad, It was shipped at 9:34 PM the day I canceled it. Yes, PM. Now I am more confused.
 
M

MacBaine

Banned
Aug 23, 2001
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Originally posted by: waggy
well you did order it. So there was a shipping snafu big deal. either return it or pay for it.

If you keep it they will charge your CC if you disput it then they have proof it was orderd. I dont see you winning this.

Just send it back. No big deal



Oh and the law is if they send something to you that you did NOT order (then cancel) then you can keep it. But thats not what happened here.
Click to expand...

Well the order was cancelled, and he received confirmation of this. The product should never have shipped. The fact that it was supposedly shipped the day before it was cancelled makes one think there are deceptive practices going on. He also received a product different from what he ordered. So it would make this product appear more of a free sample than something he ordered. I would say have the company pay return shipping or dispute it
 
Evadman

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
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Originally posted by: MacBaine
Well the order was cancelled, and he received confirmation of this. The product should never have shipped. The fact that it was supposedly shipped the day before it was cancelled makes one think there are deceptive practices going on. He also received a product different from what he ordered. So it would make this product appear more of a free sample than something he ordered. I would say have the company pay return shipping or dispute it
Click to expand...

The only reason I ordered it from this company is because they advertise in all my 4 wheeling mags, and it is always a very large ad that takes up a bunch of pages. The mags have to make a bunch from this company, so I was supporting my mags.

Normaly, I would call the company and tell them to come and get it. However, this company called 3 days after I ordered it and told me they were not shipping it because there was "a problem" with my order. I thought I ordered the wrong one or something. Turns out they didin't ship it because they wanted to ask me if I wanted an extended warranty. This pisses me off. I was not able to call them for 4 days, so they held up my order for 5 days because they wanted to know if they could have some free money for an extended warranty. Did I order it with the other crap that I ordered? no? Then why the fvck would I want it? HELLO!

</busts a blood vessel>

"If it weren't for my horse...."
--Lewis Black

Originally posted by: waggy
Oh and the law is if they send something to you that you did NOT order (then cancel) then you can keep it. But thats not what happened here.
Click to expand...
That is why I need to read the law. If I canceled it, then as far as I am concerned, I did not order it. Thanks for being an armchair lawer, but I want to read the actual law, not a guess. Thanks anyway.

I know I am posting this on a computer forum. I am asking for leet googling skills, not armchair lawers :p
 
J

JimRaynor

Golden Member
Sep 3, 2003
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The only reason I ordered it from this company is because they advertise in all my 4 wheeling mags, and it is always a very large ad that takes up a bunch of pages. The mags have to make a bunch from this company, so I was supporting my mags.
Click to expand...

If you are interested in "supporting your mags" then why are you trying to keep what they sent you instead of returning it. If you keep it that company LOSES money = opposite of supporting your mags.

If you want to keep it just cause you want to get something for free, I could care less. But to try and make up some bs reason that is completely illogical is just lame. Grow up.
 
ElFenix

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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dell huh? i remember reading that law somewhere... i think its in my contracts book
 
Evadman

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
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Originally posted by: JimRaynor
If you are interested in "supporting your mags" then why are you trying to keep what they sent you instead of returning it. If you keep it that company LOSES money = opposite of supporting your mags.

If you want to keep it just cause you want to get something for free, I could care less. But to try and make up some bs reason that is completely illogical is just lame. Grow up.
Click to expand...
Did you read the entire thread, or just my last post? There is something shady going on. who in their right mind schedules UPS pickups for 9:30 PM?. Please read the entire thread before tossing in your uninformed opinion. On top of it, why would I want something that DOESNT EVEN FIT? I guess it would be good for welding to your doorknob so you couldn't leave your house and spread your stupidity to the world.

I bought from them to support the mags I read. But mag or no mag, they task me, and I shall have them. I don't take this kind of crap from a company.
Originally posted by: ElFenix
dell huh? i remember reading that law somewhere... i think its in my contracts book
Click to expand...
No, it wasn't dell. I ordered some parts for my Zuk which included a 12,000lb winch. At least the winch was right.
 
C

chasem

Banned
Dec 17, 2001
705
0
0
hah, exact same thing JUST happened to me. I didn't ever even receive the package, i just called ups and told them to return it. they still wouldn't give me my money back. it was there for 6 buisness days. I finnally complained to visa and got paid within 2 days.
 
G

Gurck

Banned
Mar 16, 2004
12,963
1
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You said the product you ended up getting isn't the one you ordered? Is it a lesser quality / lower value item? If not, in your situation, I'd let it be and be more careful about online companies in the future. For every Newegg on the web, there are 10 site who can't wait to screw you. If the product IS lower quality / lower value than what you had ordered and then cancelled, I'd talk to the credit card company. At the very most, see if you can get this company to pay return shipping. Don't sink to their level and try to cheat them as payback.
 
Evadman

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
Originally posted by: Gurck
You said the product you ended up getting isn't the one you ordered? Is it a lesser quality / lower value item? If not, in your situation, I'd let it be and be more careful about online companies in the future. For every Newegg on the web, there are 10 site who can't wait to screw you. If the product IS lower quality / lower value than what you had ordered and then cancelled, I'd talk to the credit card company. At the very most, see if you can get this company to pay return shipping. Don't sink to their level and try to cheat them as payback.
Click to expand...

1. A grille for a chevy will not fit a suzuki. It is worthless to me. They are the same $80 however.
2. If you ordered a GT 40 and got a Festiva, would you let it be?
3. I am not trying to cheat them. I am pretty sure it is the law.
 
G

Gurck

Banned
Mar 16, 2004
12,963
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Assumed it was a different brand/model # computer product, missed where you said it was an entirely different product you can't use, terribly sorry :)
 
J

JimRaynor

Golden Member
Sep 3, 2003
1,593
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Fine then so return it and get your money back. You said you wanted to keep it, why do you want to keep something that doesn't fit? You contradict yourself dude.
 
Lithium381

Lithium381

Lifer
May 12, 2001
12,452
2
0
rossman in training?!?!? rossman is a honest person!

send it back at their expense, tell them you want free shipping on the item you originaly ordered, 2 day, if available
 
her209

her209

No Lifer
Oct 11, 2000
56,336
11
0
Tell them that they have to come pick it up personally from you. None of this "package got lost in the mail" excuse.
 
Triumph

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Dispute the charges, then call the company and say if they want it, they can send a UPS man to your door to pick it up. No way should you pay for return shipping on an item that was shipped AFTER you cancelled the order.
 
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