What I ordered was a small product, but what they sent me, is a very large package weighing about 170 lbs according to the tag on it. I ordered an item from Company A. If a company makes a mistake and sends an extra item you didn’t order, you have an ethical obligation to return it, but legally, you don’t have to send it back. 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Discussion in 'Retail' started by Dan Izzard, Nov 24, 2014. We mistakenly sent a customer the wrong item. I have recently sent a faulty item to a company and they sent a replacement using a courirer. I've ordered a few items in Littlewoods Direct, and they have sent me the wrong goods. I mailed the supplier to tell them they had sent me another item. And yes, those consumers, by law, could keep each and every item. That doesn’t seem right. We enclosed a paid-for return label and emailed customer to ask for the return asap. Essentially, I made a contract for them to deliver an item and they did, it is their fault the wrong item arrived but I am OK with that. Best Answer. They do and they can close your account even if your rouge. Even more messed up is that apparently, even if Retailer X offers to pay for shipping, I’m under no obligation to send it back - and it stands to reason that if they send a UPS/FedEx to my house directly, I’m under no obligation to turn the item over to them. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment...If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift. A. ... Hello. They are not Nordstrom they close your account. Something like this happened with me few years back. The item isn't yours to keep and its not your responsibility to return it at your cost (and hassle down the post office!) Thanks It is not yours to keep if the person who was supposed to get that package complains and it is traced back to you you could be … Someone (not you) ordered merchandise and paid for it, and due to some mistake the merchandise is sent to the wrong address. So, Amazon was a new experience for me too. You don't get to keep something that you don't pay for. You'd rather keep an item you didn't pay for and steal their product because they made a simple mistake. That seems wrong to me. This was about a week or two ago. I said no. They sent me an auto-confirmation email saying they'd get back to me in 1 or 2 days. Keep records of your order, like the website, ad or catalog from which you ordered; the company’s name, address and phone number; any promises the company made about shipping and when they were made; the date of your order; and a copy of the order form you sent to the company. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. Although you have no legal obligation to notify the seller, you may write the seller and offer to return the merchandise, provided the seller pays for shipping and handling. I actually got two of something I ordered at Amazon. This falls under the law where a company cannot send an item to you (solicited or unsolicited) and then charge you later for it without consent. My question is can i keep the 'wrong item' or how long do i have to wait until its mine? Almost a month later, she has not returned the item. This was about 4 days ago. Be PRO-ACTIVE as this seller was, right away notified buyer of his error, asked for them to return, sent free … You can ask the customer to return the item, but he has no legal obligation to do so. Even if the retailer sends someone to collect it? Legally, you should as well. I went to post office right awaya nd mailed the right item priority mail with trackinga n then emailed buyer and told them the correct item was on it's way and to keep the wrong item for free as a token of my sincere apologies. Must I notify the seller if I keep unordered merchandise without paying for it? Yes, there’s the ethical side to consider (and we recommend notifying the company of the error, which can actually still work out in your favor), but as far as the law is concerned, you’re allowed to keep anything that’s sent to you, even if you didn’t order it. Items that firms send to you, but you didn't actually order are called "unsolicited goods". According to the FTC website: What do you do when you receive merchandise that you didn’t order? Knowledge about this has been going around a bit, so you can see why this has gone out of fashion. 1 to 5 of 5. According to the Federal Trade Commission, you have a legal right to keep unordered merchandise and consider it a … According to the Federal Trade Commission, you don’t have to pay for it. I then turned all the information in to my insurance company. You're well within your rights to keep them. So there you go. A much more expensive item was sent, but the receipt and everything had the cheaper item listed. That's because companies are prohibited from mailing unordered merchandise to customers. Retailer can’t demand payment for something sent accidentally: great. Q. Is Litecoin a good cryptocurrency to buy. What natural disaster are you most concerned about and how did you or do you prepare for it? But you get to keep it? To check out the rules for yourself, head to the links below. You are out nothing. I sent an email to them saying that I got the wrong item with my order, but that I want to keep this item. The buyer emailed me that I sent wrong item. They know her account they sent her a return label and the correct item. I'm not going to bend over backwards to get the item back to them. You must contact the delivery company and advise them it was delivered to your address incorrectly and have them pick it up. I ordered some furniture from an online retailer - and one of the tables was damaged. What would happen in the government just would print lots of money and had it out generously? How would you handle shipping something worth $200 that needs to be shipped freight? Morally, you should correct the situation. Unordered Merchandise | FTC via Consumerist. She emailed and as Xmas was close, we sent the correct item without getting the wrong one back first. I did not return the item as it was not worth it and it is a waste of my time. This is not a case where a company sends you something "out of the blue". I guess you have never made a mistake before, it must be nice. This just seems ridiculous. Dear Lifehacker, Get your answers by asking now. Let’s say Retailer X sends a $5,000 item to my house, 1234 Elm Street. I myself purchase many items from ebay and once I bought a phone and was sent the right item in the wrong colour, it was very annoying and irritating that i was sent the wrong colour despite the fact I specifically noted the colour I wished to acquire. You are obliged to inform them and have them arrange for the payment of the shipping. It’s yours to keep. Not the information, I mean in the cosmic “Right vs. Wrong” sense. What do cashiers do when there’s no barcode to scan? I ordered something from a big name mail-order company and got something totally different but much, much better. No. It’s yours to keep. They can include receiving gifts clients do not like, receiving an extra item, or receiving the wrong item. I have read about this happening to people. The company made an honest mistake and has offered to do everything in their right to fix things and pay for the shipping. Join Yahoo Answers and get 100 points today. That buyer left me an positive feedback. Can I keep it? The error was on the part of Retailer X, not the shipping company, so under the FTC rules, I’m allowed to keep it? Turns out that the delivery was late and that the company often send out the plugs separately to the main product. Contributing writer, Lifehacker. To put it simply: you can keep it. Company B supplies A and both sent me the item. This was about a week or two ago. I knew I couldn’t just keep it without contacting Amazon first as I figured someone had paid for it and was wondering when it … If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift. This is a mistake. Still have questions? Then they offered to refund a part of my payment if I kept it. Can the owner of the site ask me to return the item that was wrong, and if so can I claim back the postage charges I have to pay in order to send it back? I got into a car wreck and received a moving violation. When my friends contacted the store, the staff were surprisingly relaxed and didn’t think there was any point in sending someone to pick it up, even though it was a $300 item. Receiving the Wrong Item If the unordered item was an incorrect fulfillment of an order the customer did place, you are legally required to send the correct item or refund the customer's money in full -- including shipping costs. Retailer X just needs to send my neighbor another $5,000 item to replace it? How long do I have to keep storing the wrong mattress before I can dispose of it in some way? I said no. You will be entitled to a full refund or receiving the proper item. I sent an email to them saying that I got the wrong item with my order, but that I want to keep this item. Yes you can, under mail order laws the buyer has no oibligation to send the wrong item sent, but the seller has obligation to either refund or send the correct item 5 Helpful They never replied to my mail. Doing nothing is a sure win for the buyer. ? First they asked me to keep the one they sent instead of the trouble to send it back. When a company sends you an item that didn’t order, it’s called an “unsolicited good.” In these cases, you’re well within your rights to keep them. Yes, you will be a criminal if you selll the property. “You can keep … Get Money: Live the Life You Want, Not Just the Life You Can Afford. Isn’t it illegal to keep something that is not yours. But the other situation is that a business is selling stuff legitimately. we recommend notifying the company of the error. You cannot keep the item. You're a class act. Look for a company address and contact the company regarding return. They sent me an auto-confirmation email saying they'd get back to me in 1 or 2 days. I ordered something from a big name mail-order company and got something totally different but much, much better. Answers. I purchased something from the company but received the wrong item. When I contacted the company they told me to send it back and then when they get it they will send out the appropriate product. Are there any banks that don't put energy into hurting people when they're down? Employer Pay Landlord from HELL! If you keep it, you are agreeing to the substitution, and if you agree to the substitution, you get to pay for the CD. This happened to me last week when we received an item that Amazon sells for a whooping $339. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Wow. As Consumerist points out, The Federal Trade Commission (FTC) explains the rules fairly clearly. I can’t see how forcing the consumer to relinquish the item - as long as there is no cost to that consumer - could possibly be a problem. Instances where Amazon sent the wrong item can take place any time. I’m on board. Makes total sense. I would like to share my two experiences here: Amazon was just trying establish itself in Indian markets those days. Brian - 5-Nov-19 @ 12:10 PM. Sometimes, they can be faced with the decision to keep or return a product that has been wrongly sent to them. Am I required by law to pay back money that was sent to me from my insurance company by mistake? Then they said they found the item I originally wanted and would send that to me if I paid the postage to send the wrong one back. If you have goods delivered to you that you didn’t ask for, you have no obligation to send them back or to pay for them. The item was sent to my address but not in my name. To stress i have told the supplier they sent me an extra item but they haven't replied to email. If you have, it can be a bit of head-scratcher. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that you have a right to keep goods delivered to you that you didn’t ask for. If a company makes a mistake and sends an extra item you didn’t order, you have an ethical obligation to return it, but legally, you don’t have to send it back. Author of Get Money: Live the Life You Want, Not Just the Life You Can Afford. They in turn sent me a check and I cashed it. I’m no kind of “rah rah, we must protect corporations at all costs!” person, but come on. 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