Get your answers by asking now. How long do I have to keep storing the wrong mattress before I can dispose of it in some way? 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. They sent me an auto-confirmation email saying they'd get back to me in 1 or 2 days. You're a class act. Unordered Merchandise | FTC via Consumerist. This was about a week or two ago. 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 … This was about a week or two ago. This is a mistake. They in turn sent me a check and I cashed it. That seems wrong to me. It’s yours to keep. A much more expensive item was sent, but the receipt and everything had the cheaper item listed. Author of Get Money: Live the Life You Want, Not Just the Life You Can Afford. That's because companies are prohibited from mailing unordered merchandise to customers. 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 don't get to keep something that you don't pay for. Someone (not you) ordered merchandise and paid for it, and due to some mistake the merchandise is sent to the wrong address. 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. Retailer can’t demand payment for something sent accidentally: great. That buyer left me an positive feedback. They never replied to my mail. Best Answer. Does this constitute theft? Am I required by law to pay back money that was sent to me from my insurance company by mistake? Brian - 5-Nov-19 @ 12:10 PM. You need to return the item unless they say otherwise. This happened to me last week when we received an item that Amazon sells for a whooping $339. 1 to 5 of 5. I sent an email to them saying that I got the wrong item with my order, but that I want to keep this item. You are out nothing. 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. We enclosed a paid-for return label and emailed customer to ask for the return asap. 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. 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. 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As Consumerist points out, The Federal Trade Commission (FTC) explains the rules fairly clearly. This is not a case where a company sends you something "out of the blue". But you get to keep it? 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. You are obliged to inform them and have them arrange for the payment of the shipping. I ordered something from a big name mail-order company and got something totally different but much, much better. Answers. 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. This was about 4 days ago. I ordered an item from Company A. Isn’t it illegal to keep something that is not yours. 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. Can I keep it? Almost a month later, she has not returned the item. 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 … You can ask the customer to return the item, but he has no legal obligation to do so. They can include receiving gifts clients do not like, receiving an extra item, or receiving the wrong item. Turns out that the delivery was late and that the company often send out the plugs separately to the main product. Company sent the wrong item and want it back. Contributing writer, Lifehacker. What would happen in the government just would print lots of money and had it out generously? The item isn't yours to keep and its not your responsibility to return it at your cost (and hassle down the post office!) They know her account they sent her a return label and the correct item. 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. The item was sent to my address but not in my name. 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. Can I keep both? Look for a company address and contact the company regarding return. They do and they can close your account even if your rouge. No. I then turned all the information in to my insurance company. Company B supplies A and both sent me the item. Let’s say Retailer X sends a $5,000 item to my house, 1234 Elm Street. 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. 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 Get Money: Live the Life You Want, Not Just the Life You Can Afford. ? My question is can i keep the 'wrong item' or how long do i have to wait until its mine? 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. I ordered some furniture from an online retailer - and one of the tables was damaged. Doing nothing is a sure win for the buyer. The buyer emailed me that I sent wrong item. The error was on the part of Retailer X, not the shipping company, so under the FTC rules, I’m allowed to keep it? I did not return the item as it was not worth it and it is a waste of my time. It was supposed to go to my neighbor at 1236 Elm Street. Even if the retailer sends someone to collect it? You cannot keep the item. Yes, you will be a criminal if you selll the property. I actually got two of something I ordered at Amazon. I said no. Knowledge about this has been going around a bit, so you can see why this has gone out of fashion. “You can keep … I said no. Join Yahoo Answers and get 100 points today. So there you go. 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. Legally, you should as well. I've ordered a few items in Littlewoods Direct, and they have sent me the wrong goods. Instances where Amazon sent the wrong item can take place any time. I'm not going to bend over backwards to get the item back to them. You'd rather keep an item you didn't pay for and steal their product because they made a simple mistake. 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? 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. Wow. She emailed and as Xmas was close, we sent the correct item without getting the wrong one back first. I got into a car wreck and received a moving violation. Or do they have to agree to let me keep the wrong product and send my original order out free of charge? What do cashiers do when there’s no barcode to scan? A. They are not Nordstrom they close your account. Still have questions? Not the information, I mean in the cosmic “Right vs. Wrong” sense. They sent me an auto-confirmation email saying they'd get back to me in 1 or 2 days. I mailed the supplier to tell them they had sent me another item. To put it simply: you can keep it. so i bought a item online and was shipped the wrong item, i live in PA and a friend told me that PA has a law where if u buy somethine online and you are shipped the wrong item in the mail that your allowed to keep it legally and the seller has to either refund u or send u the correct item in the mail, is that true? You will be entitled to a full refund or receiving the proper item. First they asked me to keep the one they sent instead of the trouble to send it back. Is Litecoin a good cryptocurrency to buy. Are there any banks that don't put energy into hurting people when they're down? I would like to share my two experiences here: Amazon was just trying establish itself in Indian markets those days. I’m no kind of “rah rah, we must protect corporations at all costs!” person, but come on. According to the FTC website: What do you do when you receive merchandise that you didn’t order? To stress i have told the supplier they sent me an extra item but they haven't replied to email. 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. And yes, those consumers, by law, could keep each and every item. Makes total sense. This just seems ridiculous. I guess you have never made a mistake before, it must be nice. Then they offered to refund a part of my payment if I kept it. If you have, it can be a bit of head-scratcher. we recommend notifying the company of the error. To check out the rules for yourself, head to the links below. I sent an email to them saying that I got the wrong item with my order, but that I want to keep this item. 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. Retailer X just needs to send my neighbor another $5,000 item to replace it? Something like this happened with me few years back. Do I have to send the extra…. Items that firms send to you, but you didn't actually order are called "unsolicited goods". Thanks 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. We mistakenly sent a customer the wrong item. 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. Must I notify the seller if I keep unordered merchandise without paying for it? This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. I'm going to wait more time to see if they actually email me back, but I figure sending them an email is enough warning that I have a product that isn't mine. According to the Federal Trade Commission, you have a legal right to keep unordered merchandise and consider it a … You're well within your rights to keep them. According to the Federal Trade Commission, you don’t have to pay for it. 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. I purchased something from the company but received the wrong item. Dear Lifehacker, If you keep it, you are agreeing to the substitution, and if you agree to the substitution, you get to pay for the CD. That doesn’t seem right. Employer Pay Landlord from HELL! The company made an honest mistake and has offered to do everything in their right to fix things and pay for the shipping. But the other situation is that a business is selling stuff legitimately. Morally, you should correct the situation. Discussion in 'Retail' started by Dan Izzard, Nov 24, 2014. 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