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  1. #1
    johnguerin is offline Member
    Join Date
    Jun 2005
    Posts
    38

    Received Item I did not order - my obligations?

    Illinois

    I ordered an item from a MAJOR online retailer I have ordered from before.
    They sent me the wrong item.
    I contacted them via phone, explained the situation, told them the item they sent had a packing slip for:
    A: Different Item
    B: Different Consumer with their address

    the item they sent me was actually a more expensive version of the item I had ordered. I could have just KEPT it. But I really wanted the item I ordered, not the one they sent me.

    So they agreed to send me the item I originally ordered.
    They told me they would send me a UPS return label for the mistakenly shipped item.

    I have now received the item I originally ordered.
    I have not received the UPS return label.

    So legally, what are my further obligations here?
    Am I legally obligated to stick a Label on this package and bring it to a UPS Store?
    What if the label never shows up?
    How long am I legally obligated to wait for them to correct their mistake?
    Do I have to put this box away and wait "X" number of weeks or months for a UPS driver to show up and say "we're here to pick up a box"?

    Does any SOL apply here? If so, how long until I can legally say " That's it, I give up, I'm keeping this item, it is legally mine now".

    I am not interested in the moral or ethical consequences of this issue, only the legal ones.
    hence, my post.
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by johnguerin
    Illinois

    I ordered an item from a MAJOR online retailer I have ordered from before.
    They sent me the wrong item.
    I contacted them via phone, explained the situation, told them the item they sent had a packing slip for:
    A: Different Item
    B: Different Consumer with their address

    the item they sent me was actually a more expensive version of the item I had ordered. I could have just KEPT it. But I really wanted the item I ordered, not the one they sent me.

    So they agreed to send me the item I originally ordered.
    They told me they would send me a UPS return label for the mistakenly shipped item.

    I have now received the item I originally ordered.
    I have not received the UPS return label.

    So legally, what are my further obligations here?
    Am I legally obligated to stick a Label on this package and bring it to a UPS Store?
    What if the label never shows up?
    How long am I legally obligated to wait for them to correct their mistake?
    Do I have to put this box away and wait "X" number of weeks or months for a UPS driver to show up and say "we're here to pick up a box"?

    Does any SOL apply here? If so, how long until I can legally say " That's it, I give up, I'm keeping this item, it is legally mine now".

    I am not interested in the moral or ethical consequences of this issue, only the legal ones.
    hence, my post.
    These things usually take a couple of months.

    Anyway, WRITE them (not e-mail) one more time and send it certified mail return receipt requested.

    That way, if this slips through the cracks but they later try to get you for stealing, you will have a shot at a fairly good defense.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    johnguerin is offline Member
    Join Date
    Jun 2005
    Posts
    38

    stealing?

    how do they "get" me for "stealing"?

    They sent me something I did not order.

    I call to tell them they sent me the wrong item, is it my legal obligation to now send a CERTIFIED LETTER to cover my ass for their mistake?

    wtf?

    well, it *is* "freeadvice" here.....
  4. #4
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,406
    Quote Originally Posted by johnguerin
    how do they "get" me for "stealing"?

    They sent me something I did not order.

    I call to tell them they sent me the wrong item, is it my legal obligation to now send a CERTIFIED LETTER to cover my ass for their mistake?

    wtf?

    well, it *is* "freeadvice" here.....

    The judge is trying to help you avoid what could happen. It is a cover your butt world out there and although it is not fair that you should have to do anything about the companies mistake, it would be prudent to do what it takes to avoid future undeserved hassles.
  5. #5
    jimnyc is offline Member
    Join Date
    Oct 2002
    Location
    New York
    Posts
    105
    Quote Originally Posted by johnguerin
    how do they "get" me for "stealing"?

    They sent me something I did not order.

    I call to tell them they sent me the wrong item, is it my legal obligation to now send a CERTIFIED LETTER to cover my ass for their mistake?

    wtf?

    well, it *is* "freeadvice" here.....
    Don't listen to the 'freeadvice' then. We'll see you again when you come back here and ask if it's legal for them to have charged you for the item, because that's what I suspect they'll do if you keep the product.

    Judge gave you the best advice, send them a CRR letter and cover your butt.

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