Mistaken Delivery

[MBG]

About 2-months ago I received a package from buy.com . I opened it and it wasn't something I ordered. It had an invoice/order# inside. I contacted buy.com and I first got an automated e-mail giving me info how to return an item. I wrote back that they misunderstood me and I received the package in error. I got no response. I then sent a new e-mail and I got a message saying thanks for the feedback and they will use it to improve their services in the future.

Well is the package mine?

What would you do?


Mike

[Ed62]

You've done your part. Keep it. It's not your fault they don't respond properly.

Ed

[crokett]

Legally so long as you didn't take any steps to get it fraudulently you didn't even have to do what you did.

You've done enough. I'd keep it.

[cabinetman]

This is not just a legal issue, it's also a moral one. I would contact them and get the package identified and ask for a prepaid mailer to return the item. There maybe some forum member patiently waiting for a package that he/she has already paid for. How would you feel if you were the one that originally ordered this item? You didn't order it, and you didn't pay for it. It was a mistake that it was sent to you, and it's a mistake to keep it.

Don't take me for a goody goody two shoes. This is just how I was raised and how I react to this type of situation.
.

[radhak]

Your gain, unless of course it's something you totally can't use.

Reminds me of an incident : a friend in NJ deposited into his account a loaner check for $3000 from his dad for an urgent need. Waited a day, two, then a week, but the amount never appeared on his account, so he approached the bank, showed them the paperwork. The looked all over but 'could not locate' the check . So finally the manager manually added $3K to friend's a/c. In the meanwhile his 'critical' problem had come to a boil and he had to pay some penalties, finance charges, etc.

3 months later, the original check got deposited to his a/c! He came to know this when he checked his online a/c. He never went back to the bank to correct it, and they never asked for it back. For once he came off ahead of the bank .

[MBG]

This is not just a legal issue, it's also a moral one. I would contact them and get the package identified and ask for a prepaid mailer to return the item. There maybe some forum member patiently waiting for a package that he/she has already paid for. How would you feel if you were the one that originally ordered this item? You didn't order it, and you didn't pay for it. It was a mistake that it was sent to you, and it's a mistake to keep it.

Don't take me for a goody goody two shoes. This is just how I was raised and how I react to this type of situation.
.

Guess I'll try once more. I can never get them by phone. This CS makes me have second thoughts about buying from them again. Also, my wife recently bought me a gift from them and I needed to return it. Since she bought it early and they stick to a stern 14 day return policy I had to deal with the manufacturer to get the product replaced (8-week process).

BTY - there is a cheap childs two-way radio set in the package - maybe not worth the return shipping to them.

[Uncle Cracker]

I think if you've made a reasonable and documented effort to communicate with Buy.com and resolve the issue (and it sounds like you have) that you should not feel badly about keeping the item. The person who ordered it can certainly have Buy.com re-ship the order (and probably already has). There is certainly no obligation for you to return the goods at your own expense. No morals compromise here, methinks.

[cgallery]

While I agree w/ Cabinetman, you have to draw the line somewhere. If you want to try one more time I say good on you. However, I do have my doubts that they'll resolve it.

We once had an episode w/ a normal vendor where we ordered two magnetic cartridges for an old Syquest drive (remember those?) that had a street price of approx. $120 each (if I recall). They sent two cases, of like 25 pieces each, but only billed us for two.

We called them, sorta chuckling that they had made a $5k+ shipping error. Figuring they'd just send a p/u for them, they told us they'd be in touch. They sat in the front of the store for a week. I called again (thinking they had forgot), and was told, "oh yeah, we'll take care of that." But nothing.

Another month passed and I called the controller of the company (it was Tech Data--if anyone knows who that is). He said he'd take care of it.

The problem was, nobody knew how to correct the problem w/ the new accounting system they had.

Finally, I called and spoke to my sales rep, and explained what happened. I said the way to fix it is if I just ship the 98 carts. back to her attention (she was in Florida where they shipped these from), and she walks them to the warehouse and puts them on the shelf. Nothing had to be done in the accounting system, just putting them back would fix everything. She agreed.

I shipped them, and approx. two weeks later I received a credit memo for over $5k.

It got even more screwed up from there. And everyone I got involved from that point on just screwed it up more.

My mom and dad raised me right, but it can be a pain in the arse sometimes.

[MBG]

If no response to my 4th email - maybe I'll just drop it off at the Goodwill or PurpleHearts box.

[cgallery]

If no response to my 4th email - maybe I'll just drop it off at the Goodwill or PurpleHearts box.

If it has any value whatsoever, make sure you get a receipt from whomever you give it to. That way if Buy contacts you, you can provide the receipt as proof that it was donated (and they can have the write-off .

[LCHIEN]

I think if you've made a reasonable and documented effort to communicate with Buy.com and resolve the issue (and it sounds like you have) that you should not feel badly about keeping the item. The person who ordered it can certainly have Buy.com re-ship the order (and probably already has). There is certainly no obligation for you to return the goods at your own expense. No morals compromise here, methinks.

I agree with UC despite what Cab'man says.
You should only have to try so hard and you've done a reasoanble job.
hang on to it for a while - a month or two and then its yours to do with as you please.

[JeffW]

Give them one more chance and tell them that if they do not send a pre-paid mailer, you are going to donate them to Toys-4-Tots or other charity. Chances they will tell just donate them.


Everybody wins!!!!

[final_t]

My two cents, less shipping & handling

I will be the one to chime in with that you can be held accountable for the value of the package - there was a recent "askme" question along the same lines on another forum, and the response from a lawyer is that they can claim mail fraud, esp. if the value of the package is more than a few bucks. "Finders keepers", even for small amounts, can still be considered theft.
Stop with the email and the automated crap responses you're getting and go to the phone - call and ask for the shipping manager.
I would also caution against the implied threat of "return label or else" - companies these days love to sue for stupid stuff, so why poke the bear with a stick?

[Rand]

There was a story in the local newspaper recently about a woman who was being charged for the theft of a diamond ring. She found the ring on the floor in a dept. store, had it appraised by the jeweler and kept it. Apparently, the law states that you must make a reasonable attempt to return lost valuables to their rightful owner.

In this case I think you have made a reasonable attempt already.

[gsmittle]

The law on this probably varies from state to state. I'd say you exercised "due diligence" in trying to return the package. It's not your fault if buy.com doesn't want to cooperate.

Rest easy. Surely the actual buyer has gotten a replacement by now.

g.