Amazon charging for "free" item

[ikcizokm]

What is the name of your state? Tennessee

I purchased a $1500 PC from Amazon in November. 3 weeks later it died. Amazon's exchange policy states that they will send an advanced replacement and customers are to return the defective item w/i 30 days. But they refused to honor their own written policy because, in their words, "this doesn't apply to items over $1500." (This is despite the fact that I order $10k+ from them annually for my biz and this mysterious $1500 price limit is mentioned NOWHERE on their written policy.)

After arguing w/ foreign customer service for 3 days, I eventually just gave up and called Apple, who was able to repair it at their store in 24 hours. Problem solved? Not quite!

The next day (December 1), Amazon sends me a shipment confirmation and online receipt for $0.00 for a brand new PC--totally unprompted from me as the last conversation w/ Amazon was "Sorry, we can't help you." I get an e-mail the next day from customer service stating "We apologize for the inconvenience. We have sent you a new iMac. This replacement is FREE OF CHARGE."

In my head I was thinking "woohoo! Free PC!" My kids could certainly use it, but we were remodeling the playroom so I left it in the box. Plus w/ holiday travel, I didn't really give it a second thought.

Today, Amazon has charged my debit card $1500. I called their customer service who told me I was obligated to return either my defective unit or the replacement. I'm all for doing the right thing, and since it's still boxed up I don't mind returning it, but what does the law say in this instance?

 

[Zigner]

I'm all for doing the right thing, and since it's still boxed up I don't mind returning it, but what does the law say in this instance?

Return it.

 

[ikcizokm]

I'm all for doing the right thing, and since it's still boxed up I don't mind returning it, but what does the law say in this instance?

Let me clarify... I wanted to know what the law says about Amazon charging me for something they sent to me unsolicited, and in their words, "free", without any notification of being charged, nor was any attempt ever made by them to contact me since the initial "here's your free replacement" e-mail.

PS... to Zigner, while I appreciate the reply, the whole point of posting on a legal advice forum is to get answers. Your reply is rather useless as it doesn't provide me any details. But thanks for trying.

 

[You Are Guilty]

Let me clarify... I wanted to know what the law says about Amazon charging me for something they sent to me unsolicited, and in their words, "free", without any notification of being charged, nor was any attempt ever made by them to contact me since the initial "here's your free replacement" e-mail.

PS... to Zigner, while I appreciate the reply, the whole point of posting on a legal advice forum is to get answers. Your reply is rather useless as it doesn't provide me any details. But thanks for trying.

Return it. It's not a "gift".

(That clear enough?)

 

[ikcizokm]

Return it. It's not a "gift".

(That clear enough?)

No, it's not.

The question is not "Should I return it."

The question is, "Can I be charged for something that was sent to me without my request or consent?"

For example, if a book club mails me the latest best-seller and says "Welcome to our book club. Here's a bill for $25," but I never joined their book club or requested said book, then legally I am under ZERO obligation to return it, or to pay them for it. It is, from a legal perspective, a "gift" because it was sent unsolicited. Furthermore, sending items through the mail unsolicited and expecting payment is mail fraud.

In Amazon's case, I asked them to help me, they refused. Days later I get a delivery w/ no explanation, and a day after that I am told, "here is your free replacement." The packing slip on the outside of the box also reads "$0.00" under cost-of-goods.

If you're wondering if I'm fishing for legal grounds to keep it, yeah, I am. Why not? The question about returning it is a moral one, and I'll post on WillGodForgiveMe.net's forums if I want that answered. This is a legal advice forum, which is why I'm inquiring as to the legality of being charged for something w/o my request or consent. So far no one has answered that with an explanation as to why it is or is not.

 

[Zigner]

PS... to Zigner, while I appreciate the reply, the whole point of posting on a legal advice forum is to get answers. Your reply is rather useless as it doesn't provide me any details. But thanks for trying.

Your question was: "I'm all for doing the right thing, and since it's still boxed up I don't mind returning it, but what does the law say in this instance?"

My answer was: "Return it"

Read the two words out loud and very slowly, maybe it will make it easier to understand. You're welcome.

 

[ikcizokm]

Your question was: "I'm all for doing the right thing, and since it's still boxed up I don't mind returning it, but what does the law say in this instance?"

My answer was: "Return it"

Read the two words out loud and very slowly, maybe it will make it easier to understand. You're welcome.

I pity you, Zigner. Your existence must be pretty pathetic if you troll through forums providing people with completely useless replies that do nothing to address the subject at hand. I guess it increases your post count, though, and that's bragging rights! (/sarcasm) Next time, try a little less "smart ass", and a little more "intelligence."

I'm sure you can read that slowly enough, while you formulate your next oh-so-eloquent response.

Again, it's not about whether or not I should return it. It's whether or not I can be held financially responsible for something sent to me w/o my consent or acknowledgment. If the answer is YES, then the right thing to do would be to return it and I'd agree. But if the law says I am under no obligation to do so, then no, I would not.

 

[xylene]

As the law stands you already have paid for it. They did debit your card!

What you really seem to be asking is "How do I ge them to reverse the charge?"

A: "Return the new or the defective computer"

 

[enjay]

OP - of course you can be charged. According to your first post, you expected an advanced replacement in the first place. Despite the fact that you were told they weren't going to replace the computer, Amazon did the right thing by its customer and sent you a replacement for the defective computer. Clearly, it wasn't a $1500 gift to compensate you for your trouble. You have 2 computers and paid for 1.

 

[Zigner]

I pity you, Zigner. Your existence must be pretty pathetic if you troll through forums providing people with completely useless replies that do nothing to address the subject at hand. I guess it increases your post count, though, and that's bragging rights! (/sarcasm) Next time, try a little less "smart ass", and a little more "intelligence."

I'm sure you can read that slowly enough, while you formulate your next oh-so-eloquent response.

Again, it's not about whether or not I should return it. It's whether or not I can be held financially responsible for something sent to me w/o my consent or acknowledgment. If the answer is YES, then the right thing to do would be to return it and I'd agree. But if the law says I am under no obligation to do so, then no, I would not.

Ok, I'll make it more clear: Your question was "what does the law say" and my answer was "Return it". I'm sorry if you don't like the answer.

 

[ikcizokm]

Thanks to xylene and enjay for your replies--this helped me put this in a better perspective.

Please don't misunderstand me... I'm not a crook or anything. I had a broken PC. I asked for a replacement and was denied, so I sought out other avenues. Next thing I know I have a new iMac at my door and a note from Amazon saying, "here's your free replacement." I honestly didn't know what to think. (I once wrote a letter to General Mills complaining about 1 box of stale cereal, and a week later I got a package containing 36 boxes of Cherrios. Hey, weird stuff happens.)

Am I naive enough to think Amazon was just being nice and decided to pop for a free PC to keep their customer happy? No. I could guess it was meant to be an exchange. But their policy also states that they will contact me w/i 3 days of delivery to arrange for pick-up of the defective unit, and when this never happened, THAT is when I assumed it was sent gratis.

I personally spent over $10,000 w/ Amazon in 2006. My company spent over $50,000. When put in perspective, it's not a far stretch to presume they'd be generous, given the circumstances.

Since Amazon has sent me ZERO communication what-so-ever regarding this, I called them last night and asked them to research the charge and provide a valid explanation for it, which they promised to do in 1-2 days. If they request the PC back in order to reverse the charge, then I guess that's what'll happen. I was merely curious about my options after being charged.

 

[You Are Guilty]

I'll expand on my earlier response, since it's obviously not getting through.

Return it. It was not an unsolicited gift (e.g your 'book club' example)

 

[Zigner]

If they request the PC back in order to reverse the charge, then I guess that's what'll happen. I was merely curious about my options after being charged.

I hope they charge a restocking fee as well!

 

[ikcizokm]

I hope they charge a restocking fee as well!

It's unopened, you ignorant wretch. Go piss in someone else's thread... your comments are no longer welcomed here.

I'll expand on my earlier response, since it's obviously not getting through.

Return it. It was not an unsolicited gift (e.g your 'book club' example)

No, it IS an unsolicited gift, because Amazon provided me with a written statement saying an advanced exchange was not going to happen, have a nice day, good bye.

Going back to my book club example, let's say I *DID* join the book club, and then later canceled my membership (with the club giving me written confirmation of said cancellation). If the book club continues to send books after confirming to me that my membership is null, those ARE unsolicited, and I do NOT have to pay for them nor return them ("gift").

But that doesn't matter. You Are Guilty and Zigner, you guys are totally missing the whole point (probably because you spend too much time up on your lofty moral soapbox glaring down critically at us "plebs" and the thin air has impaired your capacity for kindness). When someone asks me an open-ended question, I don't reply with a smart-ass remark and scoff at them with derision. I reply with the correct answer and reasons WHY it is the correct answer (you're on a legal forum... haven't you ever heard the term "supporting arguments"?).

I wasn't questioning IF I should return it, but rather the legality of being charged for something I was told had no cost.

 

[You Are Guilty]

Sometimes I wonder why I like banging my head into a brick wall...

47-18-901. Rights of recipient.
Unless otherwise agreed, where unsolicited goods, wares, or merchandise of a value of less than fifty dollars ($50.00) is delivered by United States mail or United Parcel Service to a person who has not actually ordered or requested it, either orally or in writing, the person has a right to refuse to accept delivery of it, is under no duty to return it to the sender, is under no duty to preserve and safe-keep it, and may at the person's option deem it to be, for all purposes, an outright and unconditional gift and may use or dispose of it in any lawful manner without any obligation on the person's part to the sender.

47-18-902. Defense against action for value or return of goods.
In any action for the monetary value or for the return of such unsolicited goods, wares, or merchandise, it shall be a complete defense that it was delivered voluntarily by the plaintiff and was not actually ordered or requested by the defendant, either orally or in writing.

Now, try reading both of those sections of the TN code very carefully, then apply the facts of both your "book club" and your current situation, and then tell the class what the difference(s) are.