If a company sends you two of something do you have to return one?

[AgaBoogaBoo]

Lets say you pay for Item A. They ship it and lo and behold, they sent another one!

I want legal answers here, none of the morals right now.

If they ask you to return it, are you required to send one back?

 

[fs5]

did you get 2 z680s?

 

No, you don't.

 

[konichiwa]

You must send one to the user at the top of this list, then add your name to the bottom and you'll recieve your own gift in 6-8 weeks:

1. konichiwa
2. YOUR NAME HERE

 

[Anubis]

no your legally supposed to give it to me

 

[AgaBoogaBoo]

Originally posted by: fivespeed5
did you get 2 z680s?

Well, they shipped two and sent two tracking numbers.

What happened was on the first one they messed some stuff up so they cancelled the order and thats what it shows online. My dad has an option selected for e-mail updates, he got two to his surprise. They both shipped sunday 15 minutes apart! :Q

Dad won't sell it because he doesn't consider it hard earned money, and I agree with him. Either he'll keep them or give them to my younger brother, but he doesn't listen to music so probably not.

 

[AgaBoogaBoo]

Originally posted by: konichiwa
You must send one to the user at the top of this list, then add your name to the bottom and you'll recieve your own gift in 6-8 weeks:

1. konichiwa
2. YOUR NAME HERE

You're not at top of list

 

[SP33Demon]

No you just tell them your dog ate it.

This is reminiscent of my sister getting her refund loan money from Rutgers, they overpaid her by 2K. She said, I don't have to pay it back, they're the ones who messed up! Thank God she's smarter today than back then...

 

[konichiwa]

1. konichiwa

 

[CPA]

No, you do not have to, if I recall correctly from my business law classes.

Because of this I was actually able to get 15 tapes for one of those 11 tapes for a penny deals back in the early 90s. Long story, but contract law was on my side.

 

[AgaBoogaBoo]

Originally posted by: konichiwa

1. konichiwa

Oh! I read it again and it said list, I thought it said top of the post so then you'd be #3. Uh... sure, you're on the list if I decide to give them away

 

[TC2181]

If they will cover the shipping to send it back, I would just send it back.

 

No you just tell them your dog ate it.

This is reminiscent of my sister getting her refund loan money from Rutgers, they overpaid her by 2K. She said, I don't have to pay it back, they're the ones who messed up! Thank God she's smarter today than back then...

Too bad we can't same the same thing for you, as your sister.

 

[AgaBoogaBoo]

Originally posted by: CPA
No, you do not have to, if I recall correctly from my business law classes.

Because of this I was actually able to get 15 tapes for one of those 11 tapes for a penny deals back in the early 90s. Long story, but contract law was on my side.

Thanks CPA and SammySon.

 

[SP33Demon]

Originally posted by: SammySon
No, you don't.

Is this your opinion, or do you have proof?

 

[Twista]

KEEP IT!

 

Is this your opinion, or do you have proof?

If experience is proof, then yes, I have proof.

Money being xferred from one financial institution to another does not hold the same liability as a product being sold.

 

[SP33Demon]

Originally posted by: SammySon

No you just tell them your dog ate it.

This is reminiscent of my sister getting her refund loan money from Rutgers, they overpaid her by 2K. She said, I don't have to pay it back, they're the ones who messed up! Thank God she's smarter today than back then...

Too bad we can't same the same thing for you, as your sister.

Ahaha, that was a good one. Congratulations, you get pwner of the year award!

:Q

 

[SP33Demon]

Originally posted by: SammySon

Is this your opinion, or do you have proof?

If experience is proof, then yes, I have proof.

Money being xferred from one financial institution to another does not hold the same liability as a product being sold.

Your experience does not count as legal proof. Provide a link please, since you are so sure.

 

[NogginBoink]

Legally, if someone sends you something that you did not request, you can keep it as a gift.

However, "legal" and "the right thing to do" are obviously not the same thing. The company obviously made a mistake, and the proper thing to do is to return the merchandise.

It saddens me that there would even be a question about this in anyone's mind.

 

[kranky]

I disagree with CPA and SammySon.

The law states that if you receive merchandise UNSOLICITED you are under no obligation to pay for it and you may consider it a gift if you wish. The purpose of the law was to protect people from getting an item from a company they never heard from and being expected to pay for it or else go through the hassle of returning it.

It does not apply to errors like your situation. You did indeed place an order with the company, and they made an error by double shipping it. They are within their rights to request the item back (at their expense, of course) or you could be billed for it.

Now realistically, would they fight to the death over a small item? Probably not.

I guess you have to decide what is the right thing to do.

 

[amnesiac]

On a similar note, what happens if you buy something and their e-commerce software glitches and over-discounts you for a coupon?

I ordered an a/v rack, and I had both a free shipping and a $50 coupon code. I was under the impression that you could stack them, but after entering the free ship code it wouldn't let me enter the other. So I pressed "Back" and entered the $50 off code instead.

Instead of overwriting the old code, it not only stacked them but factored in the free shipping TWICE, giving an extra $21 off (my "shipping cost" was -$21.00).

I didn't really think about it until the next day when I got my order confirmation, and even then I figured they'd give me call if there was a problem. Nope, they shipped it and mailed me a printed order statement separately.

Part of me wants to call them and at least tell them that they over-credited me $20 for shipping, but the other part of me is telling me to keep the good deal to myself.

 

[SP33Demon]

Originally posted by: amnesiac
On a similar note, what happens if you buy something and their e-commerce software glitches and over-discounts you for a coupon?

I ordered an a/v rack, and I had both a free shipping and a $50 coupon code. I was under the impression that you could stack them, but after entering the free ship code it wouldn't let me enter the other. So I pressed "Back" and entered the $50 off code instead.

Instead of overwriting the old code, it not only stacked them but factored in the free shipping TWICE, giving an extra $21 off (my "shipping cost" was -$21.00).

I didn't really think about it until the next day when I got my order confirmation, and even then I figured they'd give me call if there was a problem. Nope, they shipped it and mailed me a printed order statement separately.

Part of me wants to call them and at least tell them that they over-credited me $20 for shipping, but the other part of me is telling me to keep the good deal to myself.

Yes that would be called stealing. Remind me to never buy/sell with you in FS/FT forum...

 

[Jzero]

The law states that if you receive merchandise UNSOLICITED you are under no obligation to pay for it and you may consider it a gift if you wish. The purpose of the law was to protect people from getting an item from a company they never heard from and being expected to pay for it or else go through the hassle of returning it.

It does not apply to errors like your situation. You did indeed place an order with the company, and they made an error by double shipping it. They are within their rights to request the item back (at their expense, of course) or you could be billed for it.

This is my understanding of that law, as well.

 

Your experience does not count as legal proof. Provide a link please, since you are so sure.

Why are LINKS the end all be all? Havn't the mass amounts of mis-information on the internet made you think twice about that worn and cliche statement?

It does not apply to errors like your situation. You did indeed place an order with the company, and they made an error by double shipping it. They are within their rights to request the item back (at their expense, of course) or you could be billed for it.

I believe after 30 or 90 days, they can no longer legally bill you for the item.