I paid for ONE Television but end up receiving TWO, what should I do?

[IHMJack]

What is the name of your state (only U.S. law)? TEXAS


Please help me!!! Here is the story, I Bought ONE Television From a big online retailer called "Fry's Electronics" and Paid about $1080 for it. When the shipping truck came I received TWO Televisions, but only paid for ONE. About 5-6 weeks later Fry's tried to contact me as to seems to be trying to repossess the second TV Im guessing, I never talked to the rep long enough to be sure about what he wants but Im guessing they are trying to repossess the TV. A few days later after that, they called my phone every 2 hours and trying to harrass me saying if you dont corporate with us we will call the sheriff.

I did some research and here is what I found,

"Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. Goods received due to a bonafide mistake are to be returned, but the burden of proof of the error shall be upon the sender. If such unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender. Provided, however, the provisions of this act shall not apply to goods substituted for goods ordered or solicited by the recipient.



and also what the federal trade commission says please check out these links,


Unordered Merchandise

BUSINESS AND COMMERCE CODE  CHAPTER 602. DELIVERY OF UNSOLICITED GOODS



here is some questions I have,

1. DO I have or DO I NOT have, legal rights to keep this second TV as what they called "FREE GIFT".
2. Does Fry's have a legal right to call the sheriff on me or is it just a "empty threat" ?? Will the sheriff come to my home and search my place and take the TV back, and will they ARREST me??? If they knock on my door and If i do not answer do they have a right to destory and break in my house???
3. What will they do to me If I already SOLD the TV's and I no longer have them??? If I no longer have the TV will the sheriff force responsibility a different way from me???
4. Do they have the right to and do you think they will CHARGE my debit card for the second TV????
5. What should I do about this entire situation???

Help and advice would be greatly appreicated!!!!!!

 

[justalayman]

1. DO I have or DO I NOT have, legal rights to keep this second TV as what they called "FREE GIFT".

didn't you read what you posted? It said:

.

Goods received due to a bonafide mistake are to be returned, but the burden of proof of the error shall be upon the sender.

they will have no trouble proving there were 2 TV's delivered while you ordered and paid for only 1.

2. Does Fry's have a legal right to call the sheriff on me or is it just a "empty threat" ?? Will the sheriff come to my home and search my place and take the TV back, and will they ARREST me??? If they knock on my door and If i do not answer do they have a right to destory and break in my house???

yes, they can call the Sheriff. The Sheriff may tell Fry's it is a civil matter but depending on what you do or refuse to do, it could become a criminal matter.

3. What will they do to me If I already SOLD the TV's and I no longer have them??? If I no longer have the TV will the sheriff force responsibility a different way from me???

If you sold the TV, then you are into the criminal realm. Criminal conversion.

4. Do they have the right to and do you think they will CHARGE my debit card for the second TV????

No, they do not have the right to charge your card but they do have the right to sue you for the money and if you have sold it, have you arrested for conversion.

5. What should I do about this entire situation???

if you still have the TV, call Fry's and tell them to come pick up the TV or arrange to have it shipped back to them at no cost to you.

If you have sold the TV, I would suggest paying them for the second TV.

 

[CourtClerk]

There is SERIOUSLY something wrong with people who have to question whether doing the RIGHT thing is the RIGHT thing to do... I sure hope you don't have children...

1. DO I have or DO I NOT have, legal rights to keep this second TV as what they called "FREE GIFT".

It is NOT a free gift. Not even a little bit, but I'll show you you're issue.

Goods received due to a bonafide mistake are to be returned, but the burden of proof of the error shall be upon the sender.

2. Does Fry's have a legal right to call the sheriff on me or is it just a "empty threat" ??

No, they'll call the Sheriff

Will the sheriff come to my home and search my place and take the TV back, and will they ARREST me???

50/50 chance

If they knock on my door and If i do not answer do they have a right to destory and break in my house???

No, they do not have the right to do that.

3. What will they do to me If I already SOLD the TV's and I no longer have them??? If I no longer have the TV will the sheriff force responsibility a different way from me???

They can charge you criminally and sue you civilly. See... unjust enrichment and conversion.

4. Do they have the right to and do you think they will CHARGE my debit card for the second TV????

They absolutely should. You took possession of their merchandise. You need to pay for it.

5. What should I do about this entire situation???

Return the merchandise you received on accident with your apologies for allowing it to drag on this long. If you no longer have the television (which you imply), then you call them up and pay them for the merchandise you had.

 

[Proserpina]

didn't you read what you posted? It said:

.they will have no trouble proving there were 2 TV's delivered while you ordered and paid for only 1.


yes, they can call the Sheriff. The Sheriff may tell Fry's it is a civil matter but depending on what you do or refuse to do, it could become a criminal matter.


If you sold the TV, then you are into the criminal realm. Criminal conversion.

No, they do not have the right to charge your card but they do have the right to sue you for the money and if you have sold it, have you arrested for conversion.


if you still have the TV, call Fry's and tell them to come pick up the TV or arrange to have it shipped back to them at no cost to you.

If you have sold the TV, I would suggest paying them for the second TV.

Aw we're cross-posting on different sites.

How cute

 

[justalayman]

and he got the same advice, based on the same quote, on each site.

It just amazes me how somebody has such a lack of common sense to think a mistake means the retailer has to simply allow them to keep a $1000 television.

what is even worse is he intentionally avoided Fry's. He doesn't realize that what was a simple correctable error can quickly turn into a criminal charge and the dodging Fry's shows intent.

as bugs bunny would say:

what a maroon!!

 

[Proserpina]

and he got the same advice, based on the same quote, on each site.

It just amazes me how somebody has such a lack of common sense to think a mistake means the retailer has to simply allow them to keep a $1000 television.

what is even worse is he intentionally avoided Fry's. He doesn't realize that what was a simple correctable error can quickly turn into a criminal charge and the dodging Fry's shows intent.

as bugs bunny would say:

what a maroon!!

I first read that as "macaroon" and thought...."mmm...tasty".

Then I reread it and changed my mind.

 

[Frank"TJ"Mackey]

Pay for them both.

Donate one to the sick and the poor.

 

[justalayman]

Pay for them both.

Donate one to the sick and the poor.

he would have to buy a 3rd one to do that:

1 for him
1 for the sick
1 for the poor

I suspect this guy isn't going to be able to buy anything from Fry's again.

 

[proud_parent]

1 for him
1 for the sick
1 for the poor

These are mutually exclusive?

 

[Proserpina]

he would have to buy a 3rd one to do that:

1 for him
1 for the sick
1 for the poor

I suspect this guy isn't going to be able to buy anything from Fry's again.

4 actually.

1 for him.

1 for the sick.

1 for the poor.

1 for the sick AND poor.

 

[justalayman]

These are mutually exclusive?

in the US they are. If you are sick and poor you are dead so you don't need a TV

 

[Country Living]

5. What should I do about this entire situation???
QUOTE]

I mourn for the future of this country when asinine questions such as this are even asked. Your values (and moral compass) are skewed. Grow up. Send it back. Apologize for being an idiot.

 

[InsaneJane]

If it was a product worth under ~$100 they probably wouldn't go to far, but for over $1K they would probably go to court. It will be easier to let them have it back, then to lose in court. They will probably have an easy time proving 2 were delivered and a mistake was made. We're not talking about a toaster here. Enjoy it while you have it but do the right thing and contact them. Maybe they will sell it at a huge discount.

 

[cyjeff]

What a jackass.

No, what really happened is that the TV fairy left it... there is even a quarter underneath your pillow.

"But, but... they left two. Sure, I know what I ordered but don't I get to keep it? If I can't keep it, can I sell it?"

Moron.

Enjoy prison.

 

[cbg]

1. DO I have or DO I NOT have, legal rights to keep this second TV as what they called "FREE GIFT". No. You do not. Under circumstances do you have that right. You are completely misreading the law if you think otherwise.

2. Does Fry's have a legal right to call the sheriff on me or is it just a "empty threat" ?? Yes. They do.

Will the sheriff come to my home and search my place and take the TV back, and will they ARREST me??? The crystal ball is out being recalibrated. However, they most certainly CAN, even though whether they WILL is unknown.

If they knock on my door and If i do not answer do they have a right to destory and break in my house??? No. They don't. But do you really want to take the risk? Because if they knock on the door and you do not answer, you are upping the odds that you will ultimately be arrested, IMO

3. What will they do to me If I already SOLD the TV's and I no longer have them??? Unknow. But what they CAN do is throw your ass in jail.

If I no longer have the TV will the sheriff force responsibility a different way from me??? I think it's safe to say yes on that one.

4. Do they have the right to and do you think they will CHARGE my debit card for the second TV???? That's a really big YES and YES.

5. What should I do about this entire situation??? Either pay for the second TV or return it. You have NO other options, legally.