When does a good become "unordered"?

[gozen]

I originally ordered a computer part from a company (major one such as Gateway, HP, Dell, Toshiba just not sure if I should name which one). This part was time critical and would be used to generate income. I was worried it would be out of stock even thought it said in stock. I personally contacted a representative and informed them of my worry and asked if it was for sure in stock, otherwise I would need to cancel and look elsewhere. I was then personally guaranteed by the rep that it was in stock. The next day I received a notification saying it was out of stock and of course at this point it was not available anywhere else...

I spent the next 5 days and 10 hours on the phone trying to get this figured out before I gave up and aked the last rep I talked to to cancel the order. They agreed and the phone call ended with me being told the order was canceled, NOT that my order couldn't be canceled at that stage or that it might be canceled. I was told simply that my order was canceled.

Five days later I get the part and now they are trying to charge me for it... Since I was told it was 100% canceled, it becomes a unordered good at that point, meaning I have no obligation to pay for it or return it right?

Usually I'm the type of human being that wouldn't be trying to find a loophole like this. After they crap that I put through with nothing to show for it (originally at least) I will try my best to make them pay for their second mistake. Just seems like sweet justice if my logic is right.

So if I am in the right in saying it was an unordered good at that point, what do I do now? I already called them to try and explain this and they couldn't fathom what I was even trying to hint at, continually apologizing and saying they would send out a return box immediately. Even when I was transfered to a "supervisor" I was met with the same answers. The only thing I've ever been involved with legally is a speeding ticket so I wouldn't even know where to start, small claims court I guess? Even so is it worth it? The part was originally $450 and they offered to take off $50 for the misunderstanding.

Any insight on this would be greatly helpful.

 

[tranquility]

There is no way you will win this one. The law is not designed for your facts. Besides, was the part even mailed? Or, was it shipped?

Cooperate with them in returning the part. They should pay for the return if you can prove the order was cancelled with anything other than your word you talked to someone. Even then, they might pay for the return. If you don't, they will send you to collections at some point. What happens after that depends on company policy.

 

[gozen]

Aright, not the desired response but fighting a company like that regardless seems like it would end up costing me more anyways. It was shipped but I'll just keep it and pay for it. It was still a good deal, just a headache to get figured out.

Thanks.

 

[justalayman]

EVEN IF the law applied to you, there is this, from the FTC:

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.

Yours wasn't actually unordered merchandise since you actually did order it but if you ignore that, it was shipped due to an error.

They did offer to send out a shipping package so you would be required to return it.