Werid Question...

[Cryozombie]

If someone ships you somthing you did not order, but you keep it, can they legaly make you pay for it?

 

[Bob Hubbard]

Not that I'm aware of. If you did not order it, it's yours.

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Unordered Merchandise Problems
If you ever have unordered merchandise problems, you can deal with them more effectively if you understand your legal rights.

If you receive unordered merchandise, federal law, as interpreted by the FTC, says you may keep it as a free gift. The same law makes it illegal to send you bills or dunning notices for unordered merchandise, or to ask you to return unordered merchandise even if the seller offers to pay for your out-of-pocket shipping expenses. If, without your express agreement, the seller substitutes merchandise differing from the merchandise you ordered with respect to the brand name, type, quantity, size or quality, the substitute merchandise can be treated as unordered merchandise.

You also may refuse a shipment arriving by U.S. mail if you do not open it. Some private carriers provide return service as well.

To avoid misunderstandings with the company sending you such merchandise, contact them, preferably by certified letter with a return receipt requested.

If you are not certain whether you ordered goods, send the company a letter (preferably certified with a return receipt requested) and ask for proof of your order. If you are sure the merchandise was never ordered, write the company stating that you have a legal right to keep it as a free gift. Say you are sending a copy of your letter to the FTC -- and do so. Keep a copy for your records.

If you believe the sender made an honest mistake, you can offer to return the goods at the sender's expense. Of course, if a bona fide order was placed and you receive exactly what you ordered, you are responsible for paying the bill.

The point is: if you are billed for something you did not order or receive, always demand proof of your order and of delivery. Do not pay for any merchandise until you have proof of both. If you pay for something you did not order or receive, it may be hard to get your money back.

 

[KenpoTess]

psst John.. if it's a girly thing.. you can send it to me

what's Werid mean anyway *G*

 

[Ray]

Kaith Rustaz is correct. If a company sends you something that you did not order you are not obligated to pay for it. You should alert the company to their mistake, and tell them that they may make arrangements to have it picked up/shipped back (at their expense). Give them a reasonable amount of time (5 business days from receipt of your certified letter) to respond. Play nice and give them a little extra time to respond. Include in the certified letter that, unless they retrieve it, you will consider it a gift. Keep records so that if they try to sue or collect (even through a collection agency), you can protect yourself.

In the working world, I have had a few disreputible people send unsolicited stuff and then try to get $$ for it. But give everyone a fair shake, don't assume that they're disreputible, assume they've made an error. But don't let them make their problems into your problems.

 

[oldnewbie]

This reminded me of something that happened 5-6 yrs ago.

I buy for my company, and we ordered a Plotter. (Think real big printer)
So a few weeks go by and we receive a plotter. (Oh happy day)
A couple of day later.. we receive a plotter.....a second one....
( These were $8,000.00 items.....)

I thought..(just for a few minutes, mind ya..) Wow let's keep it.
The shipping records were IDENTICAL.. numbers dates everything.
Real screwup on the part of the manufacturer.

Anyway... I sit on it for a week, unopended.. as my conscience is screaming as me.. and call the manufacturer. They told me I was INCORRECT.. they had only sent one plotter....I tried to explain... they would not listen..

Finally, I said....WHY WOULD I BE CALLING IF IT WASN'T TRUE...

It got shipped back the next day...

 

[Cryozombie]

Well, It seems he orederd it, canceled the order, got a refund, then the item was shipped, he tried to refuse the shippment, Fed Ex said he couldn't, he contacted the shipper and he was told he is responsible for paying for it, and cannot return it on threat of legal action.