Receiving "Free" Stuff

czech09

Diamond Member
Nov 13, 2004
8,990
0
76
My friend ordered a mobo plate or something like that I think he said off of Newegg. He received a processor and a mobo from them. Now 2 weeks later, they contacted him about mistakenly shipping the item. Anyone know whether he can legally keep the stuff?

 

Keyvan

Senior member
Dec 13, 2004
353
0
0
afaik, the things are his now. he doesn't have to make up for their mistake. let's say you pick up the same items at best buy, and the cashier mistakenly rings them through as the wrong product and you walk away, once you leave, they can't make you come back and fix their problem.


but if it were me, i'd probably send it back. but that's just me...
 

Umberger

Golden Member
Apr 13, 2005
1,710
0
76
did they ask for it back? i think that while you may be able to legally keep it, the right thing to do would be to send it back. maybe they'll voluntarily give you something free for your good citizenship.
 

broon

Diamond Member
Jun 5, 2002
3,660
1
81
If you receive something in the mail that you did not ask for it is yours to keep.
 

BrokenVisage

Lifer
Jan 29, 2005
24,770
12
81
It's his now, tell him to fight it if they try any legal action, which they won't if they're smart.
 

Cal166

Diamond Member
May 6, 2000
5,081
8
81
Tell him to call the credit card company and ask to deactivate the credit card for 30 days just in case.
 

czech09

Diamond Member
Nov 13, 2004
8,990
0
76
I believe he said they called him and left him a message on his answering machine or via email I'm not sure. Pssh I wish I got lucky like that myself damn...
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Originally posted by: czech09
I believe he said they called him and left him a message on his answering machine or via email I'm not sure. Pssh I wish I got lucky like that myself damn...

You want to be an ass and want to rip off a good company?
 

kranky

Elite Member
Oct 9, 1999
21,017
147
106
Originally posted by: broon
If you receive something in the mail that you did not ask for it is yours to keep.

I see this quoted ALL THE TIME when it does not apply.

The law says that you do not have to return or pay for items that someone sends you unsolicited. For example, a company you've never had contact with sends you a set of encyclopedias and says you can either pay for them or return them. In that case you can keep the stuff and tell them to take a hike.

It does NOT apply to errors such as this case, when you've ordered something from a company and an error was made in the delivery.
 

broon

Diamond Member
Jun 5, 2002
3,660
1
81
Originally posted by: kranky
Originally posted by: broon
If you receive something in the mail that you did not ask for it is yours to keep.

I see this quoted ALL THE TIME when it does not apply.

The law says that you do not have to return or pay for items that someone sends you unsolicited. For example, a company you've never had contact with sends you a set of encyclopedias and says you can either pay for them or return them. In that case you can keep the stuff and tell them to take a hike.

It does NOT apply to errors such as this case, when you've ordered something from a company and an error was made in the delivery.

The person solicited one thing but not the other and received both. I'd say the second UNSOLICTED item is his to keep.
 

kranky

Elite Member
Oct 9, 1999
21,017
147
106
Originally posted by: broon
Originally posted by: kranky
Originally posted by: broon
If you receive something in the mail that you did not ask for it is yours to keep.

I see this quoted ALL THE TIME when it does not apply.

The law says that you do not have to return or pay for items that someone sends you unsolicited. For example, a company you've never had contact with sends you a set of encyclopedias and says you can either pay for them or return them. In that case you can keep the stuff and tell them to take a hike.

It does NOT apply to errors such as this case, when you've ordered something from a company and an error was made in the delivery.

The person solicited one thing but not the other and received both. I'd say the second UNSOLICTED item is his to keep.

But in fact, the law says otherwise.

 

JDub02

Diamond Member
Sep 27, 2002
6,209
1
0
why screw over newegg? this kind of nonsense will only cause prices to go up. someone will pay for it and it's not going to be newegg.

as long as they pay for shipping, send it back.

it's like going to a bank teller and they accidentally hand you more money. do you give it back?
 

tk149

Diamond Member
Apr 3, 2002
7,253
1
0
Originally posted by: kranky
Originally posted by: broon
Originally posted by: kranky
Originally posted by: broon
If you receive something in the mail that you did not ask for it is yours to keep.

I see this quoted ALL THE TIME when it does not apply.

The law says that you do not have to return or pay for items that someone sends you unsolicited. For example, a company you've never had contact with sends you a set of encyclopedias and says you can either pay for them or return them. In that case you can keep the stuff and tell them to take a hike.

It does NOT apply to errors such as this case, when you've ordered something from a company and an error was made in the delivery.

The person solicited one thing but not the other and received both. I'd say the second UNSOLICTED item is his to keep.

But in fact, the law says otherwise.
Correct. broon[/]b is mistaking "soliciting" with "mistakenly sent". He's also dishonest. An honest mistake made in good faith does not lead to unjust enrichment.

 

broon

Diamond Member
Jun 5, 2002
3,660
1
81
Originally posted by: tk149
Correct. broon is mistaking "soliciting" with "mistakenly sent". He's also dishonest. An honest mistake made in good faith does not lead to unjust enrichment.

Fixed for you.

Why are you accusing me of being dishonest? I'm not the one who received the goods. I would return the item provided Newegg paid shipping.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
17,079
136
Originally posted by: Keyvan
afaik, the things are his now. he doesn't have to make up for their mistake. let's say you pick up the same items at best buy, and the cashier mistakenly rings them through as the wrong product and you walk away, once you leave, they can't make you come back and fix their problem.


but if it were me, i'd probably send it back. but that's just me...

Along those same lines, if they OVERcharge me and I walk out, is there a time limit I have to fix the situation?
 
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