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Obligated to Return Items?

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fujibear

Junior Member
What is the name of your state (only U.S. law)? California.
If I buy something online from a company in the united states and they send me the wrong item, but it is more valuable and I want to keep it, am I legally obligated to return it?
Note, the receipt in the box correctly shows what is in the box and the online record says that I bought the item that they shipped. Not sure if that makes a difference.
Thank you!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California.
If I buy something online from a company in the united states and they send me the wrong item, but it is more valuable and I want to keep it, am I legally obligated to return it?
Note, the receipt in the box correctly shows what is in the box and the online record says that I bought the item that they shipped. Not sure if that makes a difference.
Thank you!
I suggest you return the item or pay the difference between the item you ordered and the item you received.

There is a thread around here somewhere that discusses the legalities in some detail. I will try to locate the thread and post a link to it.
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? California.
If I buy something online from a company in the united states and they send me the wrong item, but it is more valuable and I want to keep it, am I legally obligated to return it?
Note, the receipt in the box correctly shows what is in the box and the online record says that I bought the item that they shipped. Not sure if that makes a difference.
Thank you!
Well, you must know that keeping something that doesn't belong to you is theft, right?

It's up to you what you want to do.
 

quincy

Senior Member
fujibear, first of all, it is not theft or conversion to keep merchandise sent to you that you did not order. At most, it is a mistake by the company that sent you the wrong merchandise.

You have options. The option that I believe is best if you like the item sent better than the item you ordered is to pay the company the difference and keep the item. You are not, however, legally obligated to do this.

Here are two links to previous forum threads that dealt with this issue in some depth. There are additional links provided in the threads that are to government websites and these websites speak to the laws involved. Although there was a debate in the second thread, I believe the links to the laws, the citing of laws, and case law work to clarify the matter in the end.

https://forum.freeadvice.com/online-purchases-sales-87/scammers-sent-us-product-we-didnt-order-609899.html

and

https://forum.freeadvice.com/online-purchases-sales-87/item-sent-worth-more-than-what-i-ordered-can-i-keep-610955.html

Finally, here is one additional link to Chron.com with an article titled "Law Regarding Receiving Shipment That Was Not Ordered," by Van Thompson of Demand Media: http://smallbusiness.chron.com/law-regarding-receiving-shipment-not-ordered-78021.html

You can consult with a lawyer in your area for a personal review of the specifics. Good luck.
 
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