Receiving duplicate orders in the mail - please answer question!

[polkadotladybug]

Please settle a debate between some friends (I'm trying not to get in the middle - LOL)

If a company sends you duplicate items - ie - you order something, receive it - then receive the same thing in the mail a few days later - can they bill you again for the second item? Are you obligated to return it? (I know all the ethics involved, but this person wants to know the legal aspect - sigh)

Thanks!

Carol

 

[PRaffen]

Wouldn't matter to me what was "legal" only what was the right thing to do. And that would be to notify the company and return the items (at their expense, of course.)

Had this happen to me recently with Oriental Trading. I called to let them know of the duplication. I told them I'd return the items and asked them to send me the shipping costs. They told me to go ahead and keep them as a gift. I could enjoy the extras with a clear conscience.

Just isn't right to profit from a company's mistake.

 

[polkadotladybug]

My standpoint is where yours is - but this person wants to know the legal side...

 

[momto2inKC]

This has not happend to me, but it did to my mom. She had ordered a bunch of clothes from Spiegal. The first order came and a week later the duplicate arrived. They did contact her and let her know she either had to return it or pay for it. They'll find out about it.

 

[taekwondo mom]

I had this to happen twice..
1st time was food items
. I called the company and was told it was their mistake and to enjoy it and have a good day..
2nd time was a clothing item I called and they sent me a prepaid lable to send it baack and said Thank You.

 

[JenLoy]

This happened to me after a trip to WDW. I had items sent back to the room through resort delivery and one item didn't make it. I went to check one last time the morning we were leaving and the item still hadn't shown up. They took down my information from the package delivery sheet and said they would send one to my home. It was a storybook ornament set. About a week later the ornament set arrived. Two weeks after that a second set of ornaments arrived. I called Disney and they asked if I wanted to keep the duplicate or send it back, I told them I'd prefer to send it back since I didn't purchase the second set. They asked me to ship the ornament set back through UPS, and then they would refund the amount. It took a while to get the refund (2 months), but in the end, I felt it was the only fair thing to do.

 

[eeyore45]

We ordered a very nice desk from Office Max... cherry wood vaneer - so "nice" is relative... lol it was around $250.... and when it came, and we put it together, it had a chip or was missing a piece, so the delivery guys came, took the broken one (and it was pretty much put together, and you cant take it apart) and then a few days later, they delivered one... we put it together, no problem, a week later ANOTHER one came!!

We called, they said they'd come and pick up the 2nd one, so its sitting here in the dining room.... and its been a year!! I told dh they're not coming, put it together!! (we could use one downstairs!! lol) and since we paid cash for it, they didnt charge any 'account' we had...

So I would say after a year...

However, I know there is a legal clause that if something is delivered to you that you didnt order, you are under no legal obligation... but this does not cover something that is delivered to the wrong address, it confused me... probably still does.. but I think that's where some confusion comes in... there is one legal way to keep something you didnt order!!!

 

[kelleigh1]

I work in a law firm and I just posed your question to one of my attorneys. From a legal standpoint, she does not know if there is a set law that says they can bill you for it. Not everything in law is cut and dry, black or white. The company could probably make a legal argument that this was an error and their shipping error does not automatically entitle your friend to keep the 2nd item. Now had the company sent them something unsolicited, that would probably be another story. (For example, those companies that send you address labels for a donation. You can keep those and you aren't expected to pay for them.) But where your friend initiated the contact with the company, they could legally either request payment or return of the item.

 

[patsal]

I have had this happen twice, once with clothing and I was charged both times. I simply called and they sent me a shipping label, once it was rec'd, my acct. was credited. The next time it was with candles--I called, they said they'd send a label for return, I still have not rec'd the label and I call them monthly--I was not charged for these so I am not worried about the timely fashion thing--as soon as they send me the label I will send the candles back. (they are boxed and waiting on a basement shelf for when and if the label ever mysteriously appears!)