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Sent wrong item... do I have to return?

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S

Sanctifyd

Guest
What is the name of your state? Maryland

I bought a number of cds from bmgmusic.com... one of the cds was the wrong item. I've requested a replacement cd which i shouldn't have any problem aquiring. My question is... under maryland law... am I required to return the item that was sent in the place of my requested item?

Or does maryland law apply in this instance at all since bmgmusic.com isn't based in maryland? (not that i know of anyway)

thanx
 


I AM ALWAYS LIABLE

Senior Member
Sanctifyd said:
What is the name of your state? Maryland

I bought a number of cds from bmgmusic.com... one of the cds was the wrong item. I've requested a replacement cd which i shouldn't have any problem aquiring. My question is... under maryland law... am I required to return the item that was sent in the place of my requested item?

Or does maryland law apply in this instance at all since bmgmusic.com isn't based in maryland? (not that i know of anyway)

thanx

My response:

In your contract, you agreed that BMG may, at its discretion, substitute a CD within the same genre, or backorder the CD you actually ordered. However, you have the right to return any CD you don't want, and to pay for the one's you keep. Those are your choices, and rights, under the contract.

IAAL
 
S

Sanctifyd

Guest
I understand that they might substitute a cd within the same genre, etc...

however, Judas Priest and Avalon aren't even remotely close to the same genre.. it's simply a mistake. An order selector probably selected the wrong item. Simple mistake but can I keep the cd that was sent by mistake even after they send me the correct item?
 

I AM ALWAYS LIABLE

Senior Member
Sanctifyd said:
I understand that they might substitute a cd within the same genre, etc...

however, Judas Priest and Avalon aren't even remotely close to the same genre.. it's simply a mistake. An order selector probably selected the wrong item. Simple mistake but can I keep the cd that was sent by mistake even after they send me the correct item?

My response:

Without paying for it?

No.

If you don't want a particular CD, you're under contract to return it. You don't get to keep something that you don't pay for. If you keep it, you are agreeing to the substitution, and if you agree to the substitution, you get to pay for the CD.

This is not a case where a company sends you something "out of the blue". BMG has an ongoing relationship with you, and therefore, does not fall under the Postal Services laws, or Federal laws concerning keeping something that was never ordered from a company that you've not dealt with in the past.

If you keep the CD, and fail to pay, expect to have your account move to the next level - - collections.

Nice try, though.

IAAL
 

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