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I have been sent a duplicate order- do I have to return it?
I ordered a Samsung Note tablet on ebay, paid for it and was sent two by mistake. Where do I stand on this legally? Do I have to return it? Not sure if its a genuine Samsung or not.
Your advice is much appreciated
12 Answers
- Robert JLv 78 years agoFavorite Answer
The extra one is legally 'Unsolicited goods'.
You must tell the sender you have it and give them a reasonable chance to reclaim it.
You can say they have eg. 30 days to collect it, after which time you will dispose of it as you see fit.
That covers you legally, and if they don't collect it or send pre-paid packaging you can keep it.
You can be prosecuted if you simply keep the extra one without saying anything...
- tom7railwayLv 78 years ago
There are 3 issues, legal, moral and practical.
Legally, you are under no obligation, but the item does not belong to you.
Morally I feel that should contact the seller and let them arrange to collect the item at their expense.
Practically, the seller may be unaware they have made a mistake. So if you choose not to contact them, or to keep the item, there's not much they can do. If you are a very busy person who does not feel obliged to help a seller who made a mistake, then it's their loss.
You could suggest that you buy the item at a reduced price, if from the original price you take the cost of return plus something for your trouble, and make the seller an offer, they will probably be pleased to accept, it's a win/win. And it's probably something you can do off Ebay without punishment, since there was no Ebay contract for you to buy the 2nd item anyway. That way the seller gets 10% more money.
- Anonymous8 years ago
I always believe in being honest in a situation like this though it does not always provide the best result.
I ordered a vaccuum cleaner from a reputable UKcompany and when the carrier arrived with two I refused to accept one of them.
I then started to receive letters demanding payment from the company threatening legal action, they would not beleive my explaination when I contacted them.
As a last resort I searched the web till I found the parent company chief executives e-mail address in America and sent him an angry message. To my surprise I got an apoligy and an assurance that I would hear no more about it.
I would still say do the right thing and offer to return it but make sure that you hold proof that you did return it,and get recompense for your trouble.
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- lareLv 78 years ago
if you keep the second item, then the seller could sue for conversion (the taking of property belonging to somebody else). however you are under no obligation to pay for its return, and should not return until authorized by the seller. most sellers will try and bill you for the second item, but they have no right to do so and you can refuse the bill since it was unsolicited. generally eBay is pretty good at resolving sales disputes, file a complaint if the seller is uncooperative.
- Anonymous8 years ago
You should contact the seller and ask them to send you a prepaid package so you may return it at no cost to yourself. Honesty really is the best policy. Before you contact the seller make sure you haven't been charged for two items.
- ?Lv 45 years ago
From a moral standpoint, you should return it but at their expense. Ask them to pay the shipping by sending you a prepaid invoice or shipping label that you just stick on the package.
- Warren GLv 78 years ago
legally im not sure, morally, the right thing to do is to call Ebay (or whomever sent you the product) and tell them you got two by mistake. if they discover this on their own they may charge you double.
- 8 years ago
YOU don't have to return it, it's up to them to collect it or make arrangements for you to return it at no cost to you. You must take reasonable care of it, and ought to notify them of the mistake.If you make any use of it you will have to pay for it