Am I Legally Obligated to Return an Unsolicited Item That Was Posted to Me?

Icant Isimplycant on 01/05/2018 - 08:30
Last edited 01/05/2018 - 11:47 by 1 other user

I bought an item from a large company's ebay store. The item I received didn't work so I sent it back a after getting a confirmed DOA from the manufacturer. I shipped it back and they finally responded after 2 weeks - the returned item arrived to them the day after I posted it.

They finally shipped me a replacement but alas it was the wrong item. What they actually shipped me is worth about 3x as much as what i bought. They contacted me over the phone and asked me to send it back and they will send me my actual item.

Now obviously the moral thing to do would be to just send it back (which I will be doing) - but just out of curiosity, what could they legally do if I decided to keep it?

Looking at the ACCC, it mentions that I can't unreasonably prevent the company from recovering the item, however they are making it my responsibility to return it to them and they are covering the shipping costs. Does this count as unreasonably preventing recovery or does that literally mean if they came to my house and I refused then I'm in the wrong? Just a bit of a grey area I feel and law is not my strong suit.

General Discussion

Comments

  • Quantumcat on 01/05/2018 - 08:37
    +2

    Keep it and see what they do. If you start getting legal threats you can reevaluate, or if they visit your house and ask for it, but if they give up asking…

    Also, if you do decide to give it back, make sure they send you the replacement item first. You don't want to send back this nice thing and then end up with nothing.

    • Icant Isimplycant on 01/05/2018 - 08:42

      Interesting. Do you think I can actually request my actual item before returning the incorrect one?

      • Quantumcat on 01/05/2018 - 08:56
        +1

        You're the one with the power. They can either say no and you get to keep it or they can send you your actual item. It would be up to them. I mean, they could likewise say we won't give you your item until you send this one back, but you'd be happy with that, as you prefer the nicer item.

        • Icant Isimplycant on 01/05/2018 - 08:59
          +1

          right right. cheers for that!

          its kinda crappy for a company that if a simple mistake like this is made, the customer can just pretty much screw them over lol

        • jv on 01/05/2018 - 23:40

          You're the one with the power.

          They're the ones with the lawyers.

        • Quantumcat on 02/05/2018 - 01:25

          @jv: like I said he can re-evaluate if they don't just drop it.

  • dasher86 on 01/05/2018 - 08:56
    +2

    Mate… do the right thing and send it back. make sure they pay the postage.

    • Icant Isimplycant on 01/05/2018 - 09:00

      haha no i will be! don't worry. purely curious because this has never happened to me before

  • oscargamer on 01/05/2018 - 09:29
    +2

    You are required to reasonably assist in returning the item.

    I like the 'reasonable man' test that is required to be applied in this instance (and others). What would a reasonable person do or be expected to do?

    If you were disabled, it would be appropriate for them to organise a courier. It would be unreasonable for them to require you to go to a post office. It would be unreasonable for you to deny the courier to attend and collect.

    If you had no post office within a reasonable distance to you (depending on whether you had a car etc…), then it would be reasonable for you to demand a courier collect.

    It would be unreasonable of you to refuse to deliver it to a post office if there was a post office near you and you had access to it.

    Just return it. It's required of you.

  • John Kimble on 01/05/2018 - 11:11

    I wouldn't pay for shipping.

  • try2bhelpful on 01/05/2018 - 11:33
    +2

    i agree with the fact you send it back but they pay postage and i would tell them you will return it when you get the right thing, gives them some incentive to get it right.

    • Icant Isimplycant on 01/05/2018 - 11:40

      i think this is what I will do. been dealing with them for far longer than i should have had to :/ id be livid if i sent it back and they screwed up again.

  • Daniel Plainview on 01/05/2018 - 12:06

    I'll flag in advance this is purely opinion - but allow me to give a simple example for how I'd imagine this would work under common law. We all recall the news stories about people that have incorrectly had very large sums of money deposited into their bank accounts?

    And how did that work? Were they able to keep? No, it was open and shut and they were liable for funds they'd spent KNOWING it wasn't their asset/capital.

    I would expect it to be exactly the same here. But as the value is much lower - it's more likely a case that the vendor would give up if your 'sense of fair play' didn't kick in - but again you've not stated values etc so it's cost of item vs cost/hassle of getting back.

    That might seem like a no-brainer for you to keep and dare them to get/take etc but if they decided they wanted to play hard ball - you might end up being potentially liable for recovery costs etc - many companies have Lawyers on staff or access to much better rates than you or I - and for them it's not a cost prohibitive process as it's a prepaid cost. They'd likely have postal records, comms with you etc all showing you have this item - no legal entitlement to it other than current possession and from common law perspective that'd not look very good either.

    I would have them pay/bear all costs - if you can get the proper item upfront e.g courier drops off proper item AND TAKES old/incorrect item (I had this happen with a $2k induction cooktop that was faulty - SO IS SOMETHING VERY POSSIBLE - that'd ideal. Let them know you've been put out and maybe you can get a freebie or discount on future purchases. IMHO far better path.

  • Archi on 01/05/2018 - 12:08
    +1

    curious on what were the items?

  • BadGiraffe on 01/05/2018 - 12:19

    How are you sending it back? Are they paying for postage, and if so, how? They should arrange for a courier to pick it up from you.

  • [Deactivated] on 01/05/2018 - 12:27

    Waiting for the karma comment.

  • josetann on 01/05/2018 - 13:01
    +1

    It was 100% their stuff-up, right?

    I think (but could be wrong) that you'd be within your rights to insist that they do all (most) of the legwork. Tell them when it's convenient for them to send a courier to pick it up. If the courier shows up and doesn't have a prepaid label to slap on the box, refuse to just hand it over. You need proof (a photo of them holding the box with the shipping label with tracking number should be sufficient).

    If it were me, I'd tell them to send a prepaid label with your correct replacement product. Once you get it, drop off the wrong item (have proof, get a good photo of the label with the tracking info, then another of the package at the AusPost location assuming it's being shipped that way). If they refuse, then play hardball (i.e. what I wrote above). Don't wait until the extra item has been returned and received by them before insisting on the proper replacement item, I'd consider the two issues to be separate.

    That's just me.

    If they take longer than three months to retrieve the incorrect product they sent you, I believe it's yours after that time.

  • Laziofogna on 01/05/2018 - 13:10
    -2

    I would keep it, I can't stand people advocating big lucrative companies.

  • Cheapcheap4eva on 01/05/2018 - 17:54

    Had a similar experience where I was sent an item $25 more expensive than what I had originally ordered ($25). Seller told me to keep it. Sometimes the error isn't worth their effort.

  • WreckTangle on 02/05/2018 - 10:11

    What's the item?

  • SirFlibbled on 02/05/2018 - 21:26
    +1

    It's not an unsolicited item. It's a mistake made by them and they've asked you to return it. Not doing so is theft.

    They could a) charge your CC, b) report you to the police, c) sue you.

    Most likely they'll just ban you for using the store ever again.

  • Love a bargain on 03/05/2018 - 15:00

    Tell them to organize a courier to exchange the incorrect item with the correct item.

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