FTC laws concerning return of inaccurate/defective items

[neptune28]

What is the name of your state (only U.S. law)? NE

If you order something online and receive an item that is inaccurate (i.e., doesn't match the product description) or defective in some way, what, according to the law, is your obligation concerning return of the item? I found the following on the FTC Web Site, but does it apply to inaccurate and/or defective items as well? Thanks for any info.

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Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

 

[TheGeekess]

What is the name of your state (only U.S. law)? NE

If you order something online and receive an item that is inaccurate (i.e., doesn't match the product description) or defective in some way, what, according to the law, is your obligation concerning return of the item? I found the following on the FTC Web Site, but does it apply to inaccurate and/or defective items as well? Thanks for any info.

---------------------------------------------------------
Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

You return the item or you pay for it. Your cite doesn't apply to items that YOU ordered that the vendor shipped incorrectly. The cite only applies to UNORDERED merchandise.

 

[swalsh411]

If you order something online and receive an item that is inaccurate
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Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

What you quoted does not apply to your question.

In general, you are bound by the return policy of the merchant which you accepted as a condition of doing business with them. There are some exceptions to this. Why don't you provide more details of what happened to you? Or if this is homework, we don't do homework.

 

[neptune28]

You return the item or you pay for it. Your cite doesn't apply to items that YOU ordered that the vendor shipped incorrectly. The cite only applies to UNORDERED merchandise.

What you state is not necessarily true. If an item is not as advertised, then you didn't actually order that. For instance, if I order "black olives from Ecuador" but am sent "green olives from China" instead, then I didn't order that. And do you honestly believe the buyer is responsible for picking up the tab when the company itself is to blame??

 

[CSO286]

What you state is not necessarily true. If an item is not as advertised, then you didn't actually order that. For instance, if I order "black olives from Ecuador" but am sent "green olives from China," then I didn't order that.

Then you were sent an incorrect item--not an unordered item. You placed an order, and through error, received the wrong one. You would then return the incorrect item and request the seller send you the correct one.

 

[neptune28]

What you quoted does not apply to your question.

In general, you are bound by the return policy of the merchant which you accepted as a condition of doing business with them. There are some exceptions to this.

There would have to be exceptions. It seems to me that if you pay by credit card, their policy would supersede any merchant policy.

Why don't you provide more details of what happened to you?

In a nutshell, a merchant sent me a product that was not as advertised. They admitted their mistake, and then changed the item description on the Web site. But they were too cheap to tell UPS to come pick it up, and instead expected me to make a 45-mile round trip to the nearest UPS center to return it. No way I was doing that, so I disputed the charge with my credit-card company.

Or if this is homework, we don't do homework.

Huh? I'm simply wanting to know what the law says about situations like this in general. What you said about the "merchant agreement" is helpful and along the lines of what I was looking for. I think I'll call my credit-card company and see what they say. That might be the key here.

 

[neptune28]

Then you were sent an incorrect item--not an unordered item. You placed an order, and through error, received the wrong one. You would then return the incorrect item and request the seller send you the correct one.

Thanks. But on whose tab? As a consumer, you shouldn't have to pay for a company's mistake. That's crazy. If they pay for a shipping label and arrange for the package to be picked up, no problem.

Actually, in my case, it was wrong advertising, but probably unintentional. So, they did not carry the item they advertised, so it was impossible to send me the correct one.

 

[tranquility]

Thanks. But on whose tab? As a consumer, you shouldn't have to pay for a company's mistake. That's crazy. If they pay for a shipping label and arrange for the package to be picked up, no problem.

Actually, in my case, it was wrong advertising, but probably unintentional. So, they did not carry the item they advertised, so it was impossible to send me the correct one.

The relevant sections of the UCC are:

§ 2-602. Manner and Effect of Rightful Rejection.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (Sections 2-603 and 2-604),

(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of Section 2-711), he is under a duty after rejection to hold them with reasonable care at the seller'sdisposition for a time sufficient to permit the seller to remove them; but
(c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this Article on seller's remedies in general (Section 2-703).

§ 2-703. Seller's Remedies in General.

Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 2-612), then also with respect to the whole undelivered balance, the aggrieved sellermay

(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (Section 2-705);
(c) proceed under the next section respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (Section 2-706);
(e) recover damages for non-acceptance (Section 2-708) or in a proper case the price (Section 2-709);
(f) cancel.

 

[neptune28]

The relevant sections of the UCC are:

That's exactly the kind of specifics I'm looking for. Thanks, tranquility!

 

[tranquility]

That's exactly the kind of specifics I'm looking for. Thanks, tranquility!

To make sure you understand things, go through all relevant sections at:
http://www.law.cornell.edu/ucc/2

 

[swalsh411]

There would have to be exceptions. It seems to me that if you pay by credit card, their policy would supersede any merchant policy.

Yes it would, but credit card agreements don't address a lot of things that a return policy would speak to.

For example, if you buy from a merchant that charges a restocking fee for returning working merchandise, and you are aware (or should have been aware) of this prior to your order, you will likely not be successful disputing the charge or the fact that you were made to pay a restocking fee.

 

[neptune28]

Yes it would, but credit card agreements don't address a lot of things that a return policy would speak to.

That makes sense.

For example, if you buy from a merchant that charges a restocking fee for returning working merchandise, and you are aware (or should have been aware) of this prior to your order, you will likely not be successful disputing the charge or the fact that you were made to pay a restocking fee.

Well, I wouldn't dispute something like that anyway. I only dispute things that I think are extremely unreasonable, and I almost never return items unless there's something wrong with them in the first place.

Incidentally, I learned that the company I'm having problems with is rated a "D" by the BBB. No real surprise there, I guess.

In the past year, I've done business with a couple companies who made mistakes but handled them professionally:

1) One company sent me 2 bottles of the wrong olive oil (worth almost $30). When I told them about it, they said to just keep it--on the house. Very classy.
2) A book publisher sent me the wrong book (actually intended for a bookstore). I told them about it, and they sent me a label and also arranged to have the courier come pick it up. Very reasonable.

So, there are definitely decent, sensible companies out there. And those are the ones you want to do business with.

 

[neptune28]

To make sure you understand things, go through all relevant sections at:

OK, I've tried unsuccessfully to respond to your post twice, and I finally figured out why. It's because I was quoting the link!

Thanks--I'll check out the details on the Cornell site.

Incidentally, I learned that if you live in the UK or another country of the EU, the law explicitly states that merchants cannot require buyers to pay for return postage on defective and/or not-as-advertised items. I think that's pretty cool.

 

[Zigner]

1) One company sent me 2 bottles of the wrong olive oil (worth almost $30). When I told them about it, they said to just keep it--on the house. Very classy.

It would likely have cost them more to have the bottles returned than the product is worth to them.

 

[neptune28]

It would likely have cost them more to have the bottles returned than the product is worth to them.

Right. Maybe they were just smart. However, the latest company I'm dealing with is so cheap they sent me a shipping label to ship back an item over 2,000 miles whose price is only $11.99! I don't know if they're just cheap or stupid--or both!! In fact, just to get UPS to come to my house and pick it up costs $13 alone!!! This company's "D" from the BBB is obviously well-earned.