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Amazon sent wrong item -- twice! -- and won't refund until I return

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justalayman

Senior Member
The FTC site


What I don't understand is why (and where) there is a distinction between the examples given on the FTC site, and my situation. I did not order this laptop. And when I asked for a replacement the first time, they sent me one immediately without demanding I send them the original first. Why is this different? Why do I have to wait for my money back?
You ordered merchandise. The fact you were shipped the wrong laptop doesn’t change the fact you did order the merchandise.

Regardless, you aren’t going to win this one even if you are in the legal right. Refusing to send you yet another laptop when you have two already simoly isn’t going to happen unless amazon changes their mind. In fact, it’s likely you will either be sued for the cost of the two you have or they may even report this to the police and seek it be reviewed for possible criminal activity. I can think of a couple crimes that might apply.
 


quincy

Senior Member
You ordered merchandise. The fact you were shipped the wrong laptop doesn’t change the fact you did order the merchandise.

Regardless, you aren’t going to win this one even if you are in the legal right. Refusing to send you yet another laptop when you have two already simoly isn’t going to happen unless amazon changes their mind. In fact, it’s likely you will either be sued for the cost of the two you have or they may even report this to the police and seek it be reviewed for possible criminal activity. I can think of a couple crimes that might apply.
He says he wants a refund, not a third laptop.

Again, when you receive something you did not order, it is the one who sent the wrong item that needs to take care of all costs of return.

There is no crime here, justalayman. The laptop was paid for prior to delivery and that is the main issue. He paid for a specific laptop and received the wrong one - twice. Now he wants his money back.
 

justalayman

Senior Member
He says he wants a refund, not a third laptop.

Again, when you receive something you did not order, it is the one who sent the wrong item that needs to take care of all costs of return.

There is no crime here, justalayman. The laptop was paid for prior to delivery and that is the main issue. He paid for a specific laptop and received the wrong one - twice. Now he wants his money back.
I said nothing about a refund but the right of a refund would be based on the underlying contract. For all we know op is well within any period the seller could refuse a refund.

But honestly, we all know amazon doesn’t do business like than so a refund is quite likely, at least if the op returns the mishipped merchandise.


He ordered the merchandise. The law you cited applies to merchandise not ordered, not merchandise received as a mistake in fulfilling the order. The rules of the contract and the UCC apply to such issues.

So he paid for both laptops? I don’t think so.


I said amazon could seek any possible crimes be prosecuted. I see a few possibilities depending on how this plays out. I didn’t say there was a certainty of a crime.


As to applicable law:


§ 2-602. Manner and Effect of Rightful Rejection.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (Sections 2-603 and 2-604),

(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of Section 2-711), he is under a duty after rejection to hold them with reasonable care at the seller'sdisposition for a time sufficient to permit the seller to remove them; but
(c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this Article on seller's remedies in general (Section 2-703).
So, since the law specifically precludes the buyer from retaining the goods without payment or some other legal basis, op is obligated to not keep the merchandise unless they pay for it. He can demand amazon provide for the means to return the merchandise (section b)

So if amazon provides for the return, retaining the computers would be a crime. Whether that includes having them picked up at the ops home or if the courts have not been so strict on the issue is something I haven’t researched.
 

quincy

Senior Member
I said nothing about a refund but the right of a refund would be based on the underlying contract. For all we know op is well within any period the seller could refuse a refund.

But honestly, we all know amazon doesn’t do business like than so a refund is quite likely, at least if the op returns the mishipped merchandise.


He ordered the merchandise. The law you cited applies to merchandise not ordered, not merchandise received as a mistake in fulfilling the order. The rules of the contract and the UCC apply to such issues.

So he paid for both laptops? I don’t think so.


I said amazon could seek any possible crimes be prosecuted. I see a few possibilities depending on how this plays out. I didn’t say there was a certainty of a crime.


As to applicable law:




So, since the law specifically precludes the buyer from retaining the goods without payment or some other legal basis, op is obligated to not keep the merchandise unless they pay for it. He can demand amazon provide for the means to return the merchandise (section b)

So if amazon provides for the return, retaining the computers would be a crime. Whether that includes having them picked up at the ops home or if the courts have not been so strict on the issue is something I haven’t researched.
I cited no law.
 

LdiJ

Senior Member
Bottom line, Amazon is the one who has the leverage. He wants his money back and he is not going to get it until he returns both of the laptops.
 

quincy

Senior Member
Bottom line, Amazon is the one who has the leverage. He wants his money back and he is not going to get it until he returns both of the laptops.
I agree that a refund appears to be dependent on the return of the merchandise sent in error. Again, though, the costs involved in returning the items should not be borne by the recipient of wrong merchandise.
 

LdiJ

Senior Member
I agree that a refund appears to be dependent on the return of the merchandise sent in error. Again, though, the costs involved in returning the items should not be borne by the recipient of wrong merchandise.
That shouldn't be a problem. Amazon is really good about picking up the shipping costs if the wrong item is shipped or if the item is defective or damaged. I have never had a problem with them and I buy lots of products from them.
 

quincy

Senior Member
My error. It was CBG. You did make a statement appearing to paraphrase parts of the law cbg cited. If I’m in error with that presumption, then my apologies.
I have only said that the cost of returning merchandise that is not what was ordered is on the one who sent the merchandise and not on the recipient.
 

PayrollHRGuy

Senior Member
On the Amazon site if you go to your order there is a button to click that will produce a return shipping label for no cost returns.
 

justalayman

Senior Member
I have only said that the cost of returning merchandise that is not what was ordered is on the one who sent the merchandise and not on the recipient.
Actually, the issue is dealt with in contract, which the op agreed to. As long as the contract does not conflict with the UCC, the contract controls.

Amazon.com Return Policy
Items shipped from Amazon.com, including Amazon Warehouse, can be returned within 30 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them.



Amazon Global Store Return Policy
Items can be returned within 30 days of receipt of delivery using the Online Returns Center. It can take up to 25 days for an item to reach us once you return it. Once the item is received at our fulfillment center, it takes 2 business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.

Your return label will require you to return the item at your own expense. Amazon will automatically refund up to $20 for return postage costs on receipt of the item. If your return postage costs exceed $20, you may contact our Customer Service Center to request a refund of the remaining postage cost. If you return a defective, damaged or incorrect item, you’ll be refunded the full postage cost, as well as your Import Fees Deposit, once your return is processed.[


Of course, this presumes the item was in fact shipped from an amazon fulfillment center and not from the manufacturer or one of their authorized retail centers or some other third party seller. If it was, then very different rules apply and amazon may owe the op absolutely nothing.



Seller Return Policy
When you order from a seller that fulfills and ships its own inventory (also called a third party seller), your return is sent back to the seller instead of Amazon.com. While most sellers offer a returns policy equivalent to Amazon.com's, some seller returns policies may vary. You can view the return policy of the seller before you purchase an item by viewing the Returns and Refunds Policy section of the seller profile page. To view the seller's return policy, once you've ordered, you can select your order in the Online Returns Center.

Third-party sellers must either provide a return address within the United States, provide a prepaid return label, or offer a full refund without requesting the item be returned. If a seller does not offer these methods to return your items, you may file an A-to-z Guarantee claim to seek help with your return.

If you are sending the item within the United States and the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. Items valued over $35 must be returned to the seller with a trackable shipping service. For items below $35, we suggest USPS delivery confirmation service. If a package doesn't arrive and you don't use a trackable method to return or if you refuse the shipment as a method of return, we may not be able to cover you under the A-to-z Guarantee.

Note: If the seller's listing is eligible for Amazon Prime, it will be subject to the same return policies as items fulfilled by Amazon.com that are outlined on this page.


I do not see the requirement of the op paying for shipment initially to return the computers as being in contrast to the law I cited. It does put the cost on amazon but the buyer has agreed to pay it and be reimbursed in the contract.
 

justalayman

Senior Member
Isn't this what has been said?
No

Anybody I’ve seen referring to the shipping stated or implied the op can sit and wait until amazon sends somebody to pick up the merchandise. The contract clearly states the buyer is obligated to return the merchandise with the promise of a refund for the shipping costs to come after the merchandise is received by amazon. I don’t see those two positions as being congruent

And oddly enough, it seems you, quincy, are the only one that falls into that group (I really did think there were others so it isn’t a personal attack although it could be seen as such)

You are not responsible for the wrong items being sent to you so you are also not responsible for any return shipping costs.

Ask to have sent to you return shipping labels and have the items picked up at your home for return delivery.

I think the entire situation has been confused by what appears to be an attempt to keep the merchandise without paying for it. While posters have been attempting to give info regarding the return, op seemed to want a defense for retaining it and simply gave up after being told that several times.


That's fair enough. I can understand the principle here -- namely, trying to protect people from direct-marketing scams -- and how accidental shipments aren't really in the spirit of the rule. And I don't want to keep the things, they're crappy Chromebooks, worth way less than what I ordered even when you add them both up. What I don't want to do is wait for my refund.

Anyway, Amazon isn't having any of it, so I might as well just suck it up and send them back.
And with that, to the OP


As you can read from what I posted, amazon will refund your return shipping costs (if it was shipped from an amazon fulfillment center). Read amazons policies.
 

Zigner

Senior Member, Non-Attorney
I think you both are saying (substantially) the same thing. In the end, Amazon will pay the shipping. I am with Quincy in that I don't believe that the OP needs to front the shipping costs and have it refunded. Instead, Amazon will (should) arrange for the shipping at no charge to the OP. The OP may, of course, have to take the merchandise to the shipping point, whether it be a UPS store or something else. Since this matter was not he fault of the OP, it's quite possible that Amazon will arrange for a UPS pickup at no charge.
 

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