Laws against keeping package that was marked as "undelivered."

[cbg]

I understand that you are looking for a justification to keep the package without being required to pay for it.

 

[quincy]

Right. It's about not having shipped the item at all. However, in my case, the company did actually ship and deliver the product and all within the course of 30 days. I appreciate the help, though, quincy. Thanks to you as well, Zigner, for the link.

The only time someone is allowed to keep a delivered package without paying for the item delivered is if the item delivered was unordered merchandise or if the item delivered was not the item ordered (with the latter requiring the recipient to notify the sender of the error and perhaps having to send the item back at the expense of the sender).

Because the item received was the item ordered and it was received in a timely fashion, the recipient (or the one who ordered the item) has a contractual obligation to pay.

Not paying would be a breach of the contract formed between seller and purchaser.

 

[Applez]

The only time someone is allowed to keep a delivered package without paying for the item delivered is if the item delivered was unordered merchandise or if the item delivered was not the item ordered (with the latter requiring the recipient to notify the sender of the error and perhaps having to send the item back at the expense of the sender).

Because the item received was the item ordered and it was received in a timely fashion, the recipient (or the one who ordered the item) has a contractual obligation to pay.

Not paying would be a breach of the contract formed between seller and purchaser.

A payment was made, but it was refunded under the assumption that the package was being returned to the shipper. However, that was not the case and it actually arrived.

 

[Zigner]

A payment was made, but it was refunded under the assumption that the package was being returned to the shipper. However, that was not the case and it actually arrived.

Again, research conversion.

 

[quincy]

A payment was made, but it was refunded under the assumption that the package was being returned to the shipper. However, that was not the case and it actually arrived.

I understand that. The refund was made because it was assumed that the package wasn’t delivered. It has now been delivered.

Depending on the seller, the recipient may be able to keep both the delivered item and the refund because the seller determines that the costs to the seller will be greater than having the item sent back and/or greater than the cost of a legal action to pursue payment.

But the option of what to do is (or should be) up to the seller and not the recipient.

 

[LdiJ]

Amazon has their own way of doing things. I have had damaged orders where they have simply sent me replacement items without requiring that I return the original item to them. I have had them refund my money for orders that never arrived with both instances where I truly never got the items and instances where I got it weeks or months later and they did not require me to return the item.

I have never however, had a item with as high a value as the one in question here. However, I suspect that if shipping insurance has already reimbursed the seller for the item, they may not want to deal with the red tape of having it returned. That might be why the OP has not gotten a response from Amazon.

 

[Zigner]

That might be why the OP has not gotten a response from Amazon.

The OP hasn't said that he's reached out to Amazon to let them know that the package had arrived.

 

[LdiJ]

The OP hasn't said that he's reached out to Amazon to let them know that the package had arrived.

He did say so, in post #6.

 

[Zigner]

He did say so, in post #6.

Oops - you're right. I missed that.

At this point, that means this matter is entirely hypothetical. I'm out.

 

[quincy]

If Amazon doesn’t care, then the recipient shouldn’t care.