What would you do/should I do?

[wandereruk05]

just looking for some advice here, any 2 cents would help!

I ordered some goods from company X a while back (year ago) and received part 1 of my order correct. part 2 of my order was something completely different and not for me, someone else's order with my address on the box.

I contacted the company straight away, who told me I had to pay for return etc unless I could arrange a collection time. They would not arrange it themselves, and I can't be in weekdays due to work etc, they refuse to arrange a timed delivery.

So its a year later, no word from the company, no emails...nothing.

Are the goods legally mine to keep/dispose/sell?

Thanks

[shredmaster]

well i would think so but i would hate to have that over my head. how expensive are we talking? large ticket items? a tv? a camera? guitar cable? sounds like you never had to pay for them and they didn't pursue it. i would forget about it but like i said, murphy's law says they'll come looking for them as soon as you sell them. you did try and they didn't want to work with you. although principles come in to play, again, you did try, but the dollar amount would have something to do with it as well.

[Emericavox]

I took a business law class awhile back (business/law major) im no lawyer or nething but haha
i believe its been sufficient time for Party C to have contacted company A regarding the whereabouts of their missing product. You did not intentionally steal the product, it was sent to you and it looks as u have tried ur best to accomodate the situation by contacting the company (to no avail). If party C decides to take legal action, they could only sue for money damages, at which point i believe it comes down to their method of payment according to fob shipping point or fob destination.
-Brian

[wandereruk05]

hi,

we're talking about £1500 ($1900ish) - i contacted party C myself when i received their goods who advised they would take it up with the company.

My good were received by someone else near by me who kindly came to my place and dropped them off.

Party C I was informed had been re sent their goods, I received mine and have heard nothing more since.

As this is from a fairly large company I would imagine by this time it has either been written off or insurance has paid for 'damaged/lost stock' - minus the fact this was an online transaction and they were 'well aware of the incident', just never followed up on it.

So now........?

[rublalup]

give it to me and i handle the issue for you...

[axemanrio]

It's a year, and I'm sure you can do with another guitar.... just retain proof that you did your best to follow up.

[jim777]

In the US the sender can ask for it back, but you are not under any obligation at all to return items 'accidentally sent' to you by a company when you have not ordered them. It's yours.

[Sickbean]

Originally Posted by jim777

In the US the sender can ask for it back, but you are not under any obligation at all to return items 'accidentally sent' to you by a company when you have not ordered them. It's yours.

I like the sound of this rule.

Do this.

[wandereruk05]

might call up about consumer law and find out.... the money would come in handy, plus i've not heard ANYTHING to follow up, they have my address, email, phone number

no letters, calls anything.

guess they have forgotten

[shredmaster]

yeah, they forgot, until you sell it....murphy's law. i'm sure you'll be fine though.

either keep it and wait or sell it and wonder. i think you would be fine though. a friend of mine had a similar situation a few years back. he ordered a king sized bedroom set but before they delivered it they called to confirm the delivery of his queen sized bedroom set. he said, no, it was supposed to be king... you know, just cancel the order! he changed his mind and decided to wait and save the money anyway. a few weeks later he was home and they delivered a king sized set. he told the driver, this was cancelled...driver said, nope, paid in full. something slipped through the cracks. he tried to return it but they showed no delivery since he cancelled the order. he kept it. nothing happened. he tried and felt bad but they wouldn't pick it up.

[IamFastEddie]

Not sure about the law where you are, but in the USA if

1. Something is sent to you across state lines that

2. You did not order - careful with this because a lot of agreements have that small print...

3. You are permitted to consider it a gift in most circumstances (there are exceptions, like firearms and some other specific items exempted under Federal Law.)

4. State laws vary, but most follow the Federal ideal.

I actually had a similar issue years ago, albeit not for anything quite as valuable, with an online music company. I had ordered a Jackson Dinky Reverse, which they sent, and then sent me another in a different color. I contacted them and they were more than happy to accommodate the pickup, realizing that I could by rights just keep it. Ethically, you should alert the company and give them the chance to retrieve it, which you clearly did. It is unethical for them to unduly burden you - asking you to pay for return shipping is absolutely ridiculous.