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

[joejoe1981]

I live in New York, and I ordered a laptop from Amazon, an ASUS, fulfilled presumably by Amazon. Problem is, they sent me the wrong (lesser) laptop. I asked for it to be replaced, so they immediately shipped me out another one. Problem is, they sent the same wrong item. So clearly there is a problem in the warehouse.

As I understood it, when a retailer sends you a wrong item, you are entitled to keep it at no charge. And the retailer is not allowed to force you to return these items before refunding you. But that's exactly what Amazon is doing right now.

Don't get me wrong, I'm not trying to be a dirtbag here. I don't even want the things they sent me -- Chromebooks, ugh -- what I want is my refund. Now. But they're telling me I will receive my refund within seven days of them receiving the item. What??

 

[LdiJ]

I live in New York, and I ordered a laptop from Amazon, an ASUS, fulfilled presumably by Amazon. Problem is, they sent me the wrong (lesser) laptop. I asked for it to be replaced, so they immediately shipped me out another one. Problem is, they sent the same wrong item. So clearly there is a problem in the warehouse.

As I understood it, when a retailer sends you a wrong item, you are entitled to keep it at no charge. And the retailer is not allowed to force you to return these items before refunding you. But that's exactly what Amazon is doing right now.

Don't get me wrong, I'm not trying to be a dirtbag here. I don't even want the things they sent me -- Chromebooks, ugh -- what I want is my refund. Now. But they're telling me I will receive my refund within seven days of them receiving the item. What??

No, the law does not allow you to keep the wrong item at no charge. The only time you get to keep something is if it is sent to you unsolicited. You need to return both laptops in order to get a refund.

 

[joejoe1981]

Thanks for your reply. I haven't found anything online that says unsolicited is a requirement. Is this information available somewhere online?

 

[LdiJ]

Thanks for your reply. I haven't found anything online that says unsolicited is a requirement. Is this information available somewhere online?

I honestly do not know where you might find it online. It is however, the truth.

 

[joejoe1981]

Okay! Thanks again for your help.

 

[cbg]

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

 

[LdiJ]

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

I believe that the OP is interpreting that to include mistakes in shipped products...although none of the examples illustrate that particular issue.

OP, you ordered a laptop. You got a laptop it was just the wrong model. You got it twice. You do not get to keep the two laptops that you received and get your money back too. You need to return the two laptops.

 

[joejoe1981]

The FTC site

I believe that the OP is interpreting that to include mistakes in shipped products...although none of the examples illustrate that particular issue.

OP, you ordered a laptop. You got a laptop it was just the wrong model. You got it twice. You do not get to keep the two laptops that you received and get your money back too. You need to return the two laptops.

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?

 

[cbg]

I'm sure you're right about his interpretation, L. But I am saying to him, it clearly states UNSOLICITED. "Ordered but wrong item sent" is not the same as unsolicited. You solicited (ordered) a laptop. That is a completely different thing than someone completely out of the blue, with no encouragement from you, suddenly sends you a laptop. If you think the two situations are the same, you are wrong.

But don't take our word for it. Feel free to contact the FTC directly, or any six or so lawyers, and ask them.

 

[LdiJ]

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?

In the examples given nothing was ever ordered. In this instance you ordered a laptop and claimed that the one delivered was not the one you ordered. Amazon, on good faith, sent you a replacement laptop without requiring you to return the original one first. You claim that the second laptop was again, not the one you ordered. There is no proof at all that you got the wrong laptop, not only once, but twice, until you actually return them. Your word isn't good enough that neither of them were the right laptop under the law.

 

[joejoe1981]

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.

 

[adjusterjack]

Anyway, Amazon isn't having any of it, so I might as well just suck it up and send them back.

Yeah, do that.

 

[quincy]

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.

 

[LdiJ]

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.

The bolded part may not fly. Anytime I have returned anything with Amazon I have had to take it to either the post office or the UPS store. They would probably pick up for anything really large, but not for something easily portable.

 

[Zigner]

The bolded part may not fly. Anytime I have returned anything with Amazon I have had to take it to either the post office or the UPS store. They would probably pick up for anything really large, but not for something easily portable.

In my area, a scheduled UPS pickup is often an option, as is drop-off at Kohl's or at an Amazon location as well. I suppose the return options depend on the specific item as well as the customer's specific location.