Is The Item Legally Free? Item Posted Post Refund

snugglepuff on 11/02/2025 - 09:49
Last edited 11/02/2025 - 22:56

If you have already received a refund but they mistakenly send it out.

I like to be a good citizen but I don't like the idea of wasting my time going to post the item back. My time is valuable too.

What is the law regarding this? Do I charge them for my time? Do I need to inform them? Am I at wrong to accept this as a gift? If I tell them am I obliged to give it back? Why should I feel bad if it was their stupid error? Can I live with myself not doing the 'right thing'? I feel confused.

Tried google searching but can't find reputable sources for the answer. Items are worth $100 total. If it was $1000s I would be obliged to give it back. Thanks in advance.

Update. Thanks for the responses. Much appreciated.

My email-
Today I received the items I ordered but after we had already agreed on a refund and I received the refund. Do you want to arrange pick up?

Reply
Unfortunately based on your location pick up isn't possible and suspect they would not tolerate another transit. For these reasons we cannot do refunds once they are sent.

General Discussion

Comments

  • pyramid on 11/02/2025 - 09:50
    +7

    Just let sende know and ask him to arrange pickup.

    • snugglepuff on 11/02/2025 - 11:55
      -3

      The company is based in NSW. Will they ask me to send it to them?

      • pyramid on 11/02/2025 - 15:34
        +14

        What did they say when you ask them

  • Jimothy Wongingtons on 11/02/2025 - 09:53
    +34

    This some level 69,420 mental gymnastics?

    It sounds like you already made your mind up. Can’t tell if you’re here for Jiminy Cricket ‘let your conscience be your guide’ life changing song and dance or someone to go yeah mate just keep it.

    • Dr Phil on 12/02/2025 - 08:00
      -6

      Agreed and to answer Ops questions..

      What is the law regarding this?
      The item is NOT yours as technically you havent paid for it.
      As you received the item you should arrange payment

      Do I charge them for my time?
      Are you serious?
      Did they charge you to organise a refund?

      Do I need to inform them?
      YES you do

      Am I at wrong to accept this as a gift?
      Where does it say that its a gift?

      If I tell them am I obliged to give it back?
      Just call them to discuss.
      They might say keep it because its too hard to reverse the refund.
      Or they might raise another invoice due for immediate payment which says the item has been supplied/delivered
      Or if you no longer want it they may organise for you to send it back.

      Why should I feel bad if it was their stupid error?
      They did the right thing by you.
      They promptly issued a refund - no questions asked

      Can I live with myself not doing the 'right thing'?
      Thats your problem. You should contact them and ask for instructions

      Now I ask OP a question….
      If this how you reward people that PROMPTLY do the right thing by you?
      If so expect quite a bit of backlash from here

      • Assburg on 13/02/2025 - 13:33

        I'm going to send you some items and then you're going to pay me for them.

        What's your address?

  • MS Paint on 11/02/2025 - 09:58
    +2

    What's the value of the item?

    • snugglepuff on 11/02/2025 - 11:55

      $100

      • Pinchie on 13/02/2025 - 09:37

        Personally it'd be questionable to me at $5 - $10.. $100 is well into the "Yeah send it back" zone for me.

        One way or another its your conscience and morality that will be the guide in the end, so it really is up to you. Best of luck with it.

  • djsweet on 11/02/2025 - 09:59
    +9

    If it was worth 5 bucks then maybe. I mean no one is going to the effort to return it. But at $100, you need to at least let them know and they can arrange to collect the goods. You can't be unreasonable about it, but you also shouldn't have to put in much effort. As you say, its not your mistake. Most likely they won't try to get the item back because its not worth their while, but that is up to the vendor to decide.

  • Fredfloresjr on 11/02/2025 - 09:59
    -2

    Yeah keep it and let the police charge you.

    • snugglepuff on 11/02/2025 - 11:56

      Will they charge me? Will I be required to pay a fine or get arrested?

      • BigBirdy on 11/02/2025 - 13:35
        +10

        Accepting unsolicited goods without a permit … mandatory jail time

        • elgrande on 11/02/2025 - 17:02

          Permit fee is $7.50, unless exempt.

      • tenpercent on 11/02/2025 - 13:54
        +2

        They're winding you up. If I send my aunt a birthday card with some discount gift cards inside it but I accidentally put your address and name on it, that's my bad, not yours.

        • SlickMick on 12/02/2025 - 13:10
          +2

          I undertsand that it's a relatively serious crime for OP to open your aunt's mail.

  • Ocker on 11/02/2025 - 10:03
    +1

    Let your conscience be your guide.

    • snugglepuff on 11/02/2025 - 11:57

      My conscience is bit mixed. I feel bad but also annoyed I have to deal with this as it is not my fault.

      • Ozbargainusername123 on 13/02/2025 - 07:59

        Not your fault. Not really.
        I'd say you're partially responsible for ordering something that you didn't want/need whatever the reason. And then wanting a refund.
        I'm sure they are also annoyed having to deal with people who do this you know? Not their fault.

        You should post it back.
        You inconvenienced them.
        You should be willing to be inconvenienced a little.

  • Summoner on 11/02/2025 - 10:06
    +5

    I feel tired reading this post… Can I get some compensation?

    Jokes aside, your answer is here.

    • mskeggs on 11/02/2025 - 10:53

      This isn't an unsolicited item, it is an order that was later refunded but shipped in error.

      • Summoner on 11/02/2025 - 11:05
        +3

        ACCC's definition of the unsolicited supply in the link is below:

        'Unsolicited supply' is when:

        • a consumer or business receives products or services they didn't request

        My understanding is:

        • OP ordered an item
        • OP cancelled the order and got the refund
        • Seller ships the item, dispite the order is cancelled (Ships the item buyer did not request, as the order was cancelled and refunded, probably due to their system error)

        So i assumed this situatuon falls into Unsolicited item.

        Please correct me if this is not the case.

        • askbargain on 11/02/2025 - 11:10
          -1

          Unsolicited is when you never asked. If you cancelled, that’s not unsolicited, just a logistics issue.

    • snugglepuff on 11/02/2025 - 11:57
      +1

      Sorry I have caused you tiredness.

      • Summoner on 11/02/2025 - 12:24
        +1

        It seems you can ask the seller to collect the item from your address, as they sent it after the order was canceled.

  • jv on 11/02/2025 - 10:08
    +5

    Is the item legally free?
    What is the law regarding this?

    Definitely not legal…

    Do I charge them for my time?

    Not unless you have a previous legal agreement that you can do so.

  • Duckie2hh on 11/02/2025 - 10:16
    +1

    Next week's post by OP, "Help, company X charged my credit card without authorisation."

    • snugglepuff on 11/02/2025 - 11:58

      Can they charge me even though we agreed on refund?

      • jv on 11/02/2025 - 12:03

        If they don't get their item back, they definitely can….

        • snugglepuff on 11/02/2025 - 18:04
          +1

          But I did not re-order it. I did not wish to have it sent to me after refund was issued

          • jv on 11/02/2025 - 21:55
            +2

            @snugglepuff: It does not make it yours then…

            • Slippery Fish on 12/02/2025 - 11:16

              @jv: JV I saw someone call you out for a neg count on your posts, I know it doesn't matter but I consider it humourous to drag you into the positive for my own enjoyment

  • El cheepo on 11/02/2025 - 10:25
    +1

    Why should I feel bad if it was their stupid error? Can I live with myself not doing the 'right thing'?

    That all depends on your conscience and what sort of person you are, not other strangers opinion.

  • slowlyslowly on 11/02/2025 - 10:29
    +4

    Agree with JV above.

    You thought the amount was enough to ask for a refund, do the decent thing and give them the option of picking it up. That amount probably matters to them too - not fair of us to judge their situation, let them decide.

    • snugglepuff on 11/02/2025 - 11:59
      -1

      Is it about the amount or the principle? I feel torn by this.

      • slowlyslowly on 11/02/2025 - 12:29
        +1

        If it was $5 no one would expect someone to go to the effort to return it. If it is $100 the OP should inform the sender and let them decide

  • Aleigh123 on 11/02/2025 - 10:34
    +5

    I like to be a good citizen but I don't like the idea of wasting my time going to post the item back. My time is valuable too.

    Arrange a time for them to pick it up. Specify times that work for you.

    What is the law regarding this?

    You don't have to pay for it, and it's yours if you inform the business and they don't want to pick it up.

    Do I charge them for my time?

    No.

    Do I need to inform them?

    Yes.

    Am I at wrong to accept this as a gift?

    Yes if you do not inform them and just keep it. No if you inform them and they don't want to collect it.

    If I tell them am I obliged to give it back?

    You are obliged to tell them and it is their responsibility to either pick it up themselves or just let you keep it.

    Why should I feel bad if it was their stupid error?

    You don't have to feel bad. But you are required to let them know.

    Can I live with myself not doing the 'right thing'? I feel confused.

    Anyone can live with not doing the right thing. But there may or may not be legal ramifications if you do not follow the law.

    Tried google searching but can't find reputable sources for the answer. Items are worth $100 total. If it was $1000s I would be obliged to give it back. Thanks in advance.

    Someone posted this link above.

    • snugglepuff on 11/02/2025 - 11:59

      Thanks for your reply to all my questions. I appreciate your thoughts

  • Sye on 11/02/2025 - 10:40
    +2

    Post it as a deal, "100% cashback"

  • foxmulder on 11/02/2025 - 10:43
    +1

    Why you don't go to post office to return that item in your next routine, if you really doesn't go anywhere for the next 30 days, then you can ask the sender to arrange pickup instead.

    • snugglepuff on 11/02/2025 - 12:00

      I rarely need to go the post office. Only when the delivery person leaves a note instead of dropping it off

  • sharkyoz on 11/02/2025 - 10:43
    +1

    flip a coin, heads you keep it, tails send it back too easy

  • Dollar General on 11/02/2025 - 10:53
    +2

    Just let them know what occurred and allow them to pick up the item at a convenient time

    • snugglepuff on 11/02/2025 - 12:02

      I thought they might ask me to return it as they are based in NSW (other state) and then what will I do? I fear I am opening another can of worms.

      • Dollar General on 11/02/2025 - 13:14
        +4

        You are under no legal obligation to cover the cost of returning the item due to their error. They can arrange pick up if they want it back

  • blitz on 11/02/2025 - 11:04
    +7

    Can I live with myself not doing the 'right thing'?

    To be honest, reading your post it sort of sounds like you can.

  • Rukiata on 11/02/2025 - 11:09

    What item? where did you get it from?

  • askbargain on 11/02/2025 - 11:16

    They cancelled the order out of goodwill. Return the favour and return the item. Ask for them to pay for shipping.

    Get off your high horse, your time is worth $0

    • snugglepuff on 11/02/2025 - 12:04

      They actually cancelled the order as they called me and said due to delivery demand it could not be delivered in a reasonable time frame.

      • askbargain on 11/02/2025 - 12:09
        -2

        Keep it and let them claim it as stock loss

  • trapper on 11/02/2025 - 12:13
    +2

    The item still belongs to the sender since you received a refund, but you are not obligated to return it or take any action.

    However, failing to inform them could be considered unjust enrichment, so you should notify them of its arrival and let them decide how to proceed.

    They may allow you to keep it or arrange for a pickup.

    • tenpercent on 11/02/2025 - 13:59
      -1

      Why is the onus on the OP to inform them of their error?

      • SlickMick on 12/02/2025 - 13:21

        I guess they could alternatively just leave it at the doorstep or whereever indefinitely in case vendor realises and comes to collect, but they are certainly not entitled to just take what they claimed a refund for.

        Sometimes in life we encounter inconveniences, like returning an incorrectly shipped item to the post office. Adults deal with them…. and maybe have a moan on OB about the injustice of it.

  • tenpercent on 11/02/2025 - 14:07
    +3

    It seems the item is still the sender's property… for now.
    However it is up to them to identify their error and make contact with you and make all the arrangements for getting their item back.

    Conscience wise it depends if this is a small business or a big corporate behemoth. If it's a small business give them the heads up, otherwise leave it up to them to figure it out.

    ACCC says:

    If the consumer:

    contacts the business in writing, stating that they don’t want the products, then the business should collect the products within one month
    doesn't contact the business, then the business may collect the products within 3 months."

    So wait 3 months and if they don't figure it out and pick it up themselves then its yours.

    • trapper on 11/02/2025 - 15:11

      This wasn't a case of "unsolicited supply" though.

      The OP actually ordered the item (it was solicited), but it arrived so late that it had already been refunded as a lost item.

      • tenpercent on 11/02/2025 - 16:12

        So what is the OP's legal responsibilty here and can you cite anything to back it up?

        I would argue that they requested or recived a refund so the subsequent delivery of the item was unsolicited.

  • DingoBilly on 11/02/2025 - 15:24
    -1

    It's $100, noone is going to care. Just keep it and enjoy it.

  • pegaxs on 11/02/2025 - 15:32

    "Legally", no.
    You are obliged to let them know and it is at their cost to have the item returned or picked up.
    If they fail to pick it up after a set amount of time (I think it was 30 days?), then you are free to own it or dispose of it if it is defective.

  • haemolysis on 11/02/2025 - 15:37
    +4

    My time is valuable too.

    We are all here wasting our time on ozbargain forums, so I feel as though this statement may be untrue.

    • Cluster on 11/02/2025 - 17:33

      The 'my time is valuable' statement is only true if the OP invoices someone for all hours of the day. I wonder if the OP feels like they wasted $100 in income when they watch a movie, or go to a restaurant for a meal?

      • snugglepuff on 11/02/2025 - 18:49

        The task of packaging it, driving to post office, lining up, doing transaction, and driving home sounds like work. Whereas the activities you listed sound more like leisure. Should people get reimbursed for work?

        • Cluster on 13/02/2025 - 00:20
          +2

          Yes it's an inconvenience, but how about doing it because it's the right thing to do? How much is that worth?

          Next time it could be you sending something by mistake, like a package or money. How would you feel if the recipient said 'yoink! It's all mine now lol!'

          At my workplace we send out jobs and get invoices. Every now and then we'll notice someone made a mistake in our favour. Now, we could sit quietly and reap the extra cash, or call up the person who made the mistake and let them know. We do the latter. It's the right thing to do, and we know we might make a mistake in the future too. It would be nice if someone notified us instead of taking advantage of it.

          And expanding on the previous example, think of a situation of where a friend asks for a favour, or your partner asks for something to be done around the house. Are you going to turn around and say 'well, my time is worth $50 an hour. How much are you paying? My time is valuable and I require compensation for the work'

        • Randolph Duke on 13/02/2025 - 08:08

          Why would you need to package it, it’s already packaged? Get them to setup a return label, the post office can print it out for you, job done.

          Or keep the item, which is clearly what you’re looking to hear.

  • Cluster on 11/02/2025 - 17:28
    +1

    I would send it back, but I would also ask the sender to cover the postage costs. I think that's only fair for both parties. A mistake has been made and should be fixed.

  • AndyC1 on 11/02/2025 - 19:10

    Send an email to let them know that you have received the product and if they can arrange a courier to pick it up and also agree that you can leave the item at the front of the property on the day that they advise the courier will be picking up the parcel and that that once you put it for pickup then you are NOT responsible for the item.

    Make sure you take a photo with date/time stamp of where you put it for pickup.

  • foxmulder on 11/02/2025 - 20:05

    From your respond to others, you have made up your mind, why even bother raises a discussion?

    I wonder why your order need to be refunded in the first place? This may be important to know.

    • snugglepuff on 11/02/2025 - 22:57
      -1

      My email-
      Today I received the items I ordered but after we had already agreed on a refund and I received the refund. Do you want to arrange pick up?

      Reply
      Unfortunately based on your location pick up isn't possible and suspect they would not tolerate another transit. For these reasons we cannot do refunds once they are sent.

      Sorry for not posting this earlier as you wanted which seemed to cause you distress.

      • The Hawk on 12/02/2025 - 10:58
        +1

        That's an oddly worded response. It sounds like they are saying "sorry we can't offer a refund/return" and have totally missed the point that that has already happened…

        Could they re-charge you for the item? Maybe, which opens a whole other raft of questions, but it doesn't look like they realise the position.

        On one hand, you wanted this thing and paid for it. Assuming you haven't acquired one otherwise, paying for it again wouldn't be terrible since you ended up with the thing you wanted at the price you were happy to pay.
        On the other hand, you have moved on and maybe don't want this anymore?

        In either case, you have advised them of the situation and given them the opportunity to do something about it and they haven't. Given the value I'd be comfortable enough moving on with life and keeping it, but would also accept if they did want to charge me for it.

        I don't think you can argue it should be free, but I would argue that the return shouldn't cost you anything.

        • snugglepuff on 12/02/2025 - 13:48

          Yeh I don't really feel I am responsible for them not reading my email properly.

  • NanoDuke on 12/02/2025 - 10:57
    +3

    So you paid for something. It didn't turn. You asked for a refund. Got the refund. Item turned up?
    And you want to be a good citizen?
    Say you received the item, post-refund, and want to make the initial payment again. They get their $100, and you keep the item. You get into heaven.

    • trapper on 12/02/2025 - 13:29

      Actually this is a good point - since OP originally wanted the item, they could simply pay for it now that it has arrived.

      However, they might have already found a replacement in the meantime and no longer need a second one.

  • rogerm22 on 12/02/2025 - 13:20
    +3

    The only reasonable thing to do is to contact the seller and let them know you received the item. It's called being a decent person.

    • Dreamcast on 13/02/2025 - 06:28
      +1

      If only this was OzDecent.

  • doctordv8 on 12/02/2025 - 13:47

    "I like to be a good citizen but I don't like the idea of wasting my time going to post the item back."

    Still can't read past this!

  • TrumpisKing on 12/02/2025 - 19:10

    Free is free

  • mungas on 12/02/2025 - 20:32

    Was this the Iconic's recent Samsonite deal? You agreed to a store credit/refund, but you got the luggage anyway?

  • gutwagon on 13/02/2025 - 10:10

    I would notify the seller that they have 2 weeks to pick up the items or you will donate them to charity. If they fail to do so then the items are yours . Donating them should help your conscience.

  • wfh on 13/02/2025 - 12:14

    I have been incorrectly sent a parcel ($100 item of clothing). This was from the same store for which I ordered another item. $225 item, 1.5m long box if that matters.

    For my original order, I reached out to customer service saying that there was a delay in dispatchment, and they kindly offered to give me free express shipping.

    Item sent on Thursday afternoon, arrives on the Saturday, for which I need on Sunday.

    Few days later, the second parcel arrives.

    Happy to return at my inconvenience (not much, print out parcel label, drop at a PO), because of the nice customer service from earlier. Maybe different story if otherwise. Although the clothing was too big for me anyways, so probs would have had no use for it.

Login or Join to leave a comment
Login Join