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Item ordered, shipped, delivered, but wrong item

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laebshade

Junior Member
What is the name of your state? Georgia

I ordered some computer memory directly from a major manufacturer. 4 days later received my package, clearly labeled on the outside with my name, address, city, state, and zip code. Inside, however, the invoice was completely different. The company sent my memory to someone else and I got their instead. That person even called me when he received "his" memory, as my phone number was listed on the invoice. He wasn't distressed, he thought my number was the phone number for said major manufacturer. He figured out what happened and said he'd call the MM. A day or so later the MM called, left a message on my cell phone, stating there was an error in shipment and to call as soon as possible to get the issue resolved. Today the company who delivered the memory showed up saying there was an error in delivery, that they had already talked with the MM about it, who said they had talked with me about it, which they have not (I did not return their phone call). The delivery company guy called the MM and said that I should call them.

So that's my current situation. The memory is in my PC and in use. It is much better than what I ordered. The charge has already gone through my credit card. Now, I remember reading/hearing from somewhere that, by law, If I order merchandise, and they shipped the wrong goods, it is mine to keep. I do not feel I should have to return the memory, although legally if I have to, I feel they should send me my replacement memory first (after all it was their error).

So, what are my rights in this situation, and what should I do?
 
Last edited:


JETX

Senior Member
laebshade said:
The memory is in my PC and in use. It is much better than what I ordered. The charge has already gone through my credit card. Now, I remember reading/hearing from somewhere that, by law, If I order merchandise, and they shipped the wrong goods, it is mine to keep.
Your 'memory' is wrong. You have no legal right or claim to the wrong merchandise delivered.

I do not feel I should have to return the memory, although legally if I have to, I feel they should send me my replacement memory first (after all it was their error).
Then don't return it. Simply contact the merchant and agree to pay the difference in your 'upgrade'. If you don't, the merchant will likely charge it to your card anyway.

So, what are my rights in this situation
You have no 'rights' in this situation.

and what should I do?
Obvious to anyone who is mature and responsible.
 

laebshade

Junior Member
Thanks. Glad I decided to speak with a lawyer after posting this, should've spoke with him first instead of coming here. Mods, please close this thread.
 

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