I ordered a computer via a major e-commerce and shopping channel retailer by accident.(I hit a speed buy button instead of the return to list button). I immediately canceled my order and the accounts page verified that My order was canceled. I was never charged for the item, but around 2 weeks later my wife get a package via Fedex. I open it and it is a computer.
I called the retailer about it and they seemed not to know what I was talking about. Now approx 30 days after receiving the computer the retailer calls and said either I return the computer or get billed for it. They said if I return it they will pay for shipping, but I will have to package it and they recommended I get insurance for it because I would be liable for any damage that occurs during shipping or may have already occured. I do not have the original packaging any more, but they indicated they would not be responsible for providing that to me. If I keep it what am I liable for?
2006-11-17 19:31:42 · 12 answers · asked by supascience 1 in Politics & Government ➔ Law & Ethics
Morally, you should not keep it.
2006-11-17 19:44:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It was obviously an accident. people make mistakes. The honest thing to do is send it back. I actually work for the post office, delivering. If you decide you keep the item you may end up being charged for it. By accidently sending you twice, they'll end up catching up to you. If you open it and use it, its yours. they will have records that you only paid for one and may end up charging you for the second even though it was their mistake. happens all the time. Besides its the honest thing to do is to send it back. It was obviously an accident. It would be like if you Accidently gave the $300 ipod you bought for your brother for christmas to a coworker or something. It would have been your mistake. Just because it had their name on it doesnt mean they can keep it. You would take it back and apologize for your mistake right?? same deal here just with a huge company. It isnt right to keep it!!
2016-05-22 00:26:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Very unfortunate for you, because though it is no fault of yours, once a thing comes to your possession that is not yours and for which you have not paid, you have to take as much care of such thing as a prudent man under normal circumstance takes care of his own property (later you might be asked and be able to prove it by way of paying insurance, reasonable upkeep charges etc) and you have to make reasonable efforts to deliver the thing to the true owner by duly intimating him or her, if known, or otherwise keep the thing with you till the true owner approaches you and PAY YOU ALL THE RELEVANT AND REASONABLE EXPENSES YOU HAVE INCURRED IN THIS PROCESS and take back the thing(goods). That is common legal position laid everywhere and is logical too. If he is not able to pay you the reasonable charges as above you have right to sell the piece at the normal price as salable in the given condition and deduct your charges and refund the balance to the shopkeeper. So you will be repaid the amount of expenses once you return and if the shopkeeper fails to pay you, you can file a case for the same. For his mistake he has to pay up and put you not in trouble.
2006-11-17 20:09:49 · answer #3 · answered by seshu 4 · 1⤊ 0⤋
This is a common misconception.
If you are sent something in the mail (or by delivery) which is COMPLETELY unsolicited. i.e. you have had no previous contact with the sender, then you may, in some circumstances, consider the item to be a gift. IF it is an item of considerable value, then it is reasonable for the sender, if it was sent by mistake, to ask you to return it at their cost.
Under the present fact pattern, the above DOES NOT APPLY. An error in their software and/or YOUR ERROR caused the item to be shipped to you. You must return the item, or be willing to pay for the item.
2006-11-17 19:44:10 · answer #4 · answered by Phil R 5 · 2⤊ 0⤋
I Know This Sounds A Bit Childish But "Finders Keepers !!!"
Why Do You Wanna Pay the insurance, and also be held responsible for any damage while the computer is in transit ?
2006-11-17 19:49:43 · answer #5 · answered by Krishnan B 2 · 0⤊ 1⤋
It is legally wrong to keep something that is not yours. Your wife must have signed a slip of aknowledgement when she received the computer when it was delivered to your home. The retailer have the slip as proof of delivery.
2006-11-17 19:53:18 · answer #6 · answered by Chris 5 · 1⤊ 0⤋
You already know the answer... NO, you can't keep the computer unless you pay for it. You fight it, but would it worththe time and effort and money that would involve? Just easier to package it up and chalk one up to experience.
2006-11-17 19:39:06 · answer #7 · answered by msfyrebyrd 4 · 1⤊ 0⤋
You would be liable for the entire cost of the computer.
2006-11-17 19:37:03 · answer #8 · answered by jerofjungle 5 · 0⤊ 0⤋
it's the company's problem.
they need to pick it up, as it's their mistake
nothing should be billed to you
tell them to send a courier to pick it up the same way it got delivered if they want their goods back
mention they have 20 days otherwise you'll leave it on the street
2006-11-17 20:04:54 · answer #9 · answered by Anonymous · 1⤊ 0⤋
you are liable for nothing, they made the mistake. they may hound you about returning it and give you a lot of nasty phone calls, but there is legally nothing they can do.
2006-11-17 19:37:36 · answer #10 · answered by Anonymous · 0⤊ 2⤋