Furniture delivered in error, customer refuses to return. Any recourse?

[Retail Furniture Seller]

Hello, We are a furniture retail store. A customer purchased a bed in our store and we set up delivery for him. Accidentally our error, a bed plus two nightstands were delivered to customer. Customer did not purchase the nightstands, but signed receiving document for all three items. We caught our error 6 weeks after the fact and reached out to the customer to schedule a pick up at his convenience for the nightstands. We reached out via text and phone calls several times throughout a five day period, with no response from customer. On the fifth day of no response from customer, we charged his CC on file with us for the purchase of the nightstands. Immediately customer responded demanding we reverse the charges. We advised customer that we would reverse charges upon receiving our merchandise back and would schedule a pick up. Customer advised us since we delivered the nightstands to him, he got rid of his existing nightstands and we would now owe him approx $350 per nightstand, in order for us to receive our nightstands returned. Customer offered that he would pay us $500 per nightstand if we allowed him to keep the nightstands. They sell for $1169.
Please advise if we have any legal rights to obtain our merchandise? Located in Georgia.

 

[Zigner]

Call the cops - what you have described may be theft by conversion. If the cops refuse to get involved, then sue the bad guy. What you cannot do is unilaterally charge his CC - he will win in a dispute with his credit card company.

 

[quincy]

Hello, We are a furniture retail store. A customer purchased a bed in our store and we set up delivery for him. Accidentally our error, a bed plus two nightstands were delivered to customer. Customer did not purchase the nightstands, but signed receiving document for all three items. We caught our error 6 weeks after the fact and reached out to the customer to schedule a pick up at his convenience for the nightstands. We reached out via text and phone calls several times throughout a five day period, with no response from customer. On the fifth day of no response from customer, we charged his CC on file with us for the purchase of the nightstands. Immediately customer responded demanding we reverse the charges. We advised customer that we would reverse charges upon receiving our merchandise back and would schedule a pick up. Customer advised us since we delivered the nightstands to him, he got rid of his existing nightstands and we would now owe him approx $350 per nightstand, in order for us to receive our nightstands returned. Customer offered that he would pay us $500 per nightstand if we allowed him to keep the nightstands. They sell for $1169.
Please advise if we have any legal rights to obtain our merchandise? Located in Georgia.

Did you think to reach out to the customer by sending a certified, return receipt requested, letter to the home address of your customer?

 

[adjusterjack]

One the one hand, one might say that your customer is unjustly enriched by keeping the nightstands without paying for them.

On the other hand, your delay in catching your error resulted in the customer getting rid of his old nightstands. You may be estopped (google it) from collecting the full amount or getting the items back because your delay would create a hardship on the customer.

On the third hand, the nightstands are now used furniture and you would not likely be able to resell them as new so you would lose money anyway.

On the fourth hand, how much would it cost you to pay your lawyer to take this to court and possibly still end up with a compromise where you not only lose money on the furniture but lose the cost of the attorney.

My advice: take the $1000, lick your wounds and get over it.

PS: Forget about calling the cops. They aren't going to get into this.

 

[zddoodah]

Inclined to agree with "adjusterjack." This is a no-win situation for you.

 

[PAPP]

I don't know if it covers all situations, but I heard that if you receive an item which you didn't order, there is no obligation for a receiver to return it. Legally, you can keep it. When I read it, I was aghast, so I googled about it. It is actually true at least if it is delivered by shipping. I didn't dig much further, so I don't know if your situation is included under the law.

Either way, I agree with other members. It is very hard for you to recover the nightstands.

 

[quincy]

I don't know if it covers all situations, but I heard that if you receive an item which you didn't order, there is no obligation for a receiver to return it. Legally, you can keep it. When I read it, I was aghast, so I googled about it. It is actually true at least if it is delivered by shipping. I didn't dig much further, so I don't know if your situation is included under the law.

Either way, I agree with other members. It is very hard for you to recover the nightstands.

What you apparently are referring to is 39 US Code section 3009 (https://www.law.cornell.edu/uscode/text/39/3009) and guidance from the FTC (https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products).

Mistakes in shipping and delivery happen. Merchandise can be shipped or delivered to the wrong recipient for myriad reasons.

While it is never necessary for a consumer who receives unordered merchandise to PAY for the unordered/unwanted merchandise or to PAY to return the unordered and unwanted merchandise to the sender, the consumer would be nice to inform the seller/sender of the receipt of the unordered/unwanted merchandise so the seller/sender can arrange with the consumer for the pickup of the merchandise at the convenience of the consumer and at the cost of the seller/sender.

 

[adjusterjack]

Please advise if we have any legal rights to obtain our merchandise?

In light of the revelation in post #7, I suggest you agree to the $1000 offer ASAP, before your customer figures out that he doesn't owe your anything.

 

[quincy]

In light of the revelation in post #7, I suggest you agree to the $1000 offer ASAP, before your customer figures out that he doesn't owe your anything.

Making an unauthorized charge on the customer’s credit card to cover the cost of the unordered nightstands was a big mistake.

 

[adjusterjack]

OP can easily reverse it if he hasn't done so already.

 

[quincy]

Here is a link to Georgia’s law on unordered merchandise, by the way:
https://consumer.georgia.gov/consumer-topics/unordered-merchandise

Yes. The unauthorized charge probably can be reversed. Demanding payment for unordered merchandise and/or making an unauthorized charge on a customer’s credit card to cover the cost of unordered merchandise, are, however, big mistakes. Retail Furniture Seller probably should hope that the recipient of the nightstands has not consulted with an attorney.

 

[Retail Furniture Seller]

Thank you all for your replies. Appreciate.

 

[quincy]

Thank you all for your replies. Appreciate.

We all appreciate the thanks, so thank you.