Company Wants Product Back One Year after Incorrect Delivery

whytd on 11/04/2024 - 13:34
Last edited 11/04/2024 - 16:21 by 1 other user

Hi all, I ordered a large item from a big company ($200 Billion + net worth) in February 2023 which had an ETA of three weeks for delivery.

Three weeks rolls around, and I get an email stating there is a delay. Late March, I notice the order was marked as complete - despite not getting any tracking number or receiving the product. The company stated it was a glitch and someone would contact me within two weeks.

Two weeks later and with no contact or movement of the order (now five weeks overdue) I disputed the charge with PayPal and received a refund and bought it elsewhere. Mid April I get a surprise knock on the door by AusPost with the product. I accepted delivery, despite originally thinking I should refuse it.

I was apprehensive that given the order had already been marked as “complete” and the extremely poor communication to date - I’d be accused of it being delivered despite sending it back.

Within an hour I contacted the company, who said they will organise someone to pick it up. I got the same email which said a delivery company will be in contact, four days in a row. I put the item away in the garage, and completely forgot about it because of a family death around that time.

No one ever called me or contacted me - until nearly one year later. I know in the case of unsolicited goods - the company has three months to retrieve them otherwise you can keep it.

Should I return the product given the length of time that has passed? Or am I legally allowed to keep it given no one ever attempted to get it back within a reasonable amount of time?

General Discussion

Comments

    • DefariumZ on 12/04/2024 - 11:29
      +1

      I'm not sure if this post specifically is justifying it by saying they're a big company - although I think it is unnecessary information.
      The trade between two entities should have nothing to do with who - though you're right it seems to be a common train of thought and it's not correct.

      The problem is "(at my expense)" - they haven't come through with the pickup, OP doesn't want to waste his own money in sending it back as it was a failure to provide product in a timely fashion.

    • noz on 12/04/2024 - 12:29
      +3

      You'd also hope that you wouldn't take a year to be bothered to get it back too.

    • OzBarAnon on 12/04/2024 - 14:40
      +2

      After a year though? And after several months of delay from when you said "I'll come and collect it tomorrow"? If got in touch with someone who accidentally received my package and I left them waiting for months after telling them I'd go and collect it from them soon, I'd fully expect them to be pissed off.

  • rlf on 12/04/2024 - 12:24
    -1

    An employer overpaid me $5000 or so, I left the company 12 months later, and then 6 months later (so 18 months from the overpayment date) they asked for it back. I laughed. Said you go to court with me over it if you like but you sent it to me and I spent it. Tough luck. They dropped it.

    • Camelface on 13/04/2024 - 07:37

      But why did you want to keep money that wasn't yours?

      • rlf on 13/04/2024 - 19:07
        -1

        Well for one, I was severely underpaid. I asked for a 40% payrise after the 12 months which was immediately accepted - still left.

  • Brick Tamland on 12/04/2024 - 12:25
    +5

    If you still have it sitting in your garage what’s the harm in sending it back. I don’t really understand the conundrum.

    • robbyjones on 12/04/2024 - 15:23
      +4

      The OP didn't commit fraud or steal anything, get down off your high horse. After a year i'd have gotten rid of it, it is not reasonable for a company to be contacted to pick up a product delivered in error say they will pick it up and after a year expect it's still available for pick up.

    • Speckled Jim on 12/04/2024 - 15:42
      +1

      Let's reward incompetence? Righto.

  • apple2016 on 12/04/2024 - 16:23
    -2

    am I legally allowed to keep it

    Yes. Tell the company to get f****

  • gromit on 12/04/2024 - 17:30
    +1

    unless you did something to block them meeting the pickup timeline then you are legally allowed to keep. I guess it also should depend on whether you need to deal with that company in future. But if as you say it has been sitting untouched, why not let em have it.

  • DingoBilly on 12/04/2024 - 17:48
    +2

    You did your due diligence.

    (profanity) big companies - you owe them nothing, and sod off to all the people here defending the company. They made a mistake, they have the money to take care of it. Who cares about them, especially considering they'd be first in line to screw over customers if given the chance. Even if I'm not using it I'd look to sell the item to make a profit for myself.

  • tunzafun001 on 12/04/2024 - 19:17

    Coles delivered the wrong booze to me once. Asked me to return them to get my correct order (but not to the nearest store 500m away…the delivery depot store 42km away).

    Told em they are dreaming, and the products are on my front lawn..come get them.

    Took a photo with a newspaper for evidence.

    Coles never showed. Got a full refund. Plus a few slabs of beer and wine I didn't order.

  • nosey on 12/04/2024 - 19:47

    I think youre in the clear. Just say you left it on doorstep one day on a previously arranged pick up date. You got home and it was gone so assumed courier picked up.

    If its legit still sitting in garage or unopened in new condition still, it would be interesting to let them arrange another pickup. If its another fortnight of no shows, then i think you can rightfully tell them to f off.

  • gravel on 12/04/2024 - 21:10
    -1

    Seriously. Tell them them you lost track of it months ago - you don't provide a storage service for them. You did the right thing in the first instance and they failed miserably. Story is at an end.

  • Camelface on 12/04/2024 - 21:34

    You didn't pay for it so I suggest do the right thing and return it. It may be a big company, but who knows, a poor guy may be in trouble in the other end.

  • CalmLemons on 12/04/2024 - 21:43

    Come on man, what was the item?

    1 year later is a far stretch, normally no one would give a sht.

    • fredk1000 on 12/04/2024 - 22:45
      -1

      Maybe the op is embarrassed about the product.
      I would not want to tell anyone what is my dungeon… Crap I think I said too much already.

    • nephilim on 13/04/2024 - 02:06

      nearly every big company has huge spreadsheets of duplicate and over payments, that finance team chase up.
      thread is weird, people mentioning lawyers or how companies dont care.

      One person making 75k can reclaim millions in a year….

  • bs0 on 13/04/2024 - 07:51

    Is it Samsung lol - they sent me free ear buds and watch on separate occasions (there customer service and tracking is pretty poor)

  • Dalton on 13/04/2024 - 09:34

    Have they asked for it back recently?

  • Willy Beamish on 13/04/2024 - 11:18
    +4

    You ordered an item ,received it and essentially did not pay for it.

    Come on, you know what you should do…. ffs.

    • kaleidoscope on 13/04/2024 - 19:46

      Yeah but the bragging rights and drama has no price tag

  • icanconfirm on 13/04/2024 - 11:37
    -2

    It's not yours

    You still have it

    You're supposedly not using it

    So in essence, you're keeping it (essentially a stolen item) for what?

    I know, its a rhetorical question, either to sell or use when the original breaks down after warranty

    This is a moral dilemma you have to answer for yourself

    I'm not being judgemental, just being factual

    All the other sht about the value of the company, the duration of time involved etc., are all irrelevant

    • Eeples on 13/04/2024 - 17:48

      Explain again how it is 'essentially a stolen item'.

      • icanconfirm on 13/04/2024 - 19:51

        Maybe I was a bit heavy handed with my wording

        If the story is honest, then you don't have an obligation

        In conclusion, the question is to yourself, how will you feel keeping it?

        It it makes you feel, or anticipated to make you feel, a negative way, get rid of it

        If it makes no difference to you, know you have lawful backing

      • CommuterPolluter on 14/04/2024 - 10:10

        Accepted delivery for an item after having it refunded.

        • spaceflight on 14/04/2024 - 13:20

          How are you supposed to know what a random delivery that you are not expecting is unless you accept the delivery and open it to see what it is?

          • CommuterPolluter on 14/04/2024 - 14:51

            @spaceflight: That’s beside the point because OP did know. Reread the post.

            • spaceflight on 14/04/2024 - 15:15
              +1

              @CommuterPolluter: That’s beside the point because it's still an unsolicited product and the store could have worked to have the item returned to them before it was delivered (which they should have some with their delivery partner as soon as refund was issued)

              • CommuterPolluter on 14/04/2024 - 15:51

                @spaceflight: It’s theft by conversion if they refuse to return it. They accepted delivery knowing it was the refunded item, instead of refusing and allowing it to RTS.

                • j0hnd0e on 15/04/2024 - 05:01

                  @CommuterPolluter: OP offered to return it a year ago, the company accepted and said they would send a courier but they ended up not doing anything about it.

  • misfitt1911 on 13/04/2024 - 11:59
    +1

    Tell them they'e dreaming.

  • j0hnd0e on 13/04/2024 - 13:27
    -2

    Like others mentioned, agree to return the item, but charge them a storage + handling fee. If they pay it, then send them back the item. Since you aren't using it, its no loss to you anyway and you earn some money. If they are not willing to pay it, then keep the item. Both ways you come up on top. Please don't be a fool and listen to those overly righteous warriors and return the item without getting anything in return.

  • sidesw1pe on 13/04/2024 - 14:10
    +2

    I asked ChatGPT for the most simple solution:

    The single most obvious and simple solution to your predicament is to keep the item without taking further action. Since you have already made a reasonable effort to return the item and the company did not follow through with retrieving it for nearly a year, you can assume that no further action is required on your part. This approach minimizes effort and avoids any complications with legal or company communications.

  • WastedWombat on 13/04/2024 - 17:09

    You should give it back, but also invoice them for:
    - storage fees
    - inventory stocktake fees
    - admin fees
    - service fees
    - book keeping fees
    - processing fee

    It'll probably end up being (surprisingly) similar price to the product 🤷

    • GrueHunter on 14/04/2024 - 18:07

      "Hello, these are my imaginary costs which I will now enforce through this imaginary contract that I imagine you accepted"

  • manbearpig on 13/04/2024 - 17:24

    Seeing as you haven't used it and still can return it, I'd say you should just return it. Different story if you actually didn't have it anymore and so they wanted compensation or something. Sure, you can lie and say you threw it away or something, but ultimately that's a moral decision that only you can make.

    I had an American buyer on eBay open a dispute over a $300 item not received despite tracking showing it was still in transit. He was really aggressive, entitled, and not co-operative at all despite him being an actual eBay business selling similar goods unlike me. Obviously the scumbag wanted it for free.

    eBay refunded him and soon after tracking showed it arrived. I waited a week to see if he'd do the right thing, but unsurprisingly he didn't, so I then contacted eBay and got my money back.

  • john676 on 13/04/2024 - 22:14

    In this wacky world, all we really have is our principles.

  • furyou on 13/04/2024 - 23:15
    +1

    Whatever you reply, chances are you won't get a response for another year…

  • jonkvh on 14/04/2024 - 07:44

    Are they offering you a chance to print out a postage label? So, you can send it back at no charge.

  • PR0r on 14/04/2024 - 14:06

    I need to know what the item is!!

  • alexdagr8 on 14/04/2024 - 19:59

    Sounds like you’re pretty ambivalent anyway…
    And it’s one less thing in storage.
    I’d say ask them to pick it up. They’ll take another year to organise the courier by the sounds of it.
    If you’ve opened it I’d be surprised they even want it back.

    They should just write it off, but if they’re that keen and it’s just about them getting it back, why not? Less storage for you.

  • Ryxxi on 14/04/2024 - 22:23
    -1

    Charge them storage and handling fee.

  • Scythic on 14/04/2024 - 22:43

    I have a similar case…
    I had a company delivered solar panels to my house beforehand. One the installation day, the technicians discovered that they can't fit that many panel on the roofs. So, they left the extra 3 panels behind. I asked the company and was told that they will organise someone to take those panels back.

    It's been over two years and the extra panels still in my garage.

  • Morphio25 on 15/04/2024 - 07:16

    Your first mistake was contacting the company. If you'd kept your mouth back they would've probably just assumed that the item got lost in transit and thought nothing more of it.

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