Question..

Nikki · 05-01-2006, 09:24 PM

If you buy something, and pay for it, then they call you back and say they don't have it in stock and refund your money and then they ship it to you by accident even though your payment was refunded, is there any way they can legally get it returned to them?

BMW F22 · 05-01-2006, 09:45 PM

yup. Cus they gave you back the money thus the item isnt yours. Is this like a shirt? you can offer to pay for it.

Booster · 05-01-2006, 09:46 PM

haha... happened to my friend with a set of headlights... seller never noticed it, or at least never brought it up to him....sold them for straight profit... I say keep it..It's their fuck-up

shimshimhada · 05-01-2006, 09:47 PM

The real question is...will they ever figure out they did?

Nikki · 05-01-2006, 09:57 PM

Well it's not really a question of whether or not to keep it morally, just whether it is legal or not to do so. This would be if the seller DID notice their mistake but was unable to contact the person who received the item.

shimshimhada · 05-01-2006, 09:58 PM

They will have invoices so yes.

Nikki · 05-01-2006, 09:59 PM

I think you're right, but I don't know if they would bother going through the trouble to get it returned.

shimshimhada · 05-01-2006, 10:01 PM

It'll depend on how much the discussed item costs. I doubt if it's something under $50, they'll care too much, provided it is a big company. A plasma tv is pushing it.

Nikki · 05-01-2006, 10:01 PM

yes, hmm. any other input?

ward · 05-01-2006, 10:03 PM

if someone ships you something you didn't order, then you don't have to pay

I would imagine, although it's morally wrong you could most likely keep the item and your credit card co would back you up (i.e. it's free).

BMW F22 · 05-01-2006, 10:06 PM

like I said- if it's a shirt or something of that nature, they wont pursue such legal action. But I guess they can always call the sheriff department in your area and have them come get it. I dunno thought, if they want to be asses they can always sue you and make you pay for all the fees. Just my 2 cents...

shimshimhada · 05-01-2006, 10:08 PM

Quote:

Originally Posted by BMWE90

like I said- if it's a shirt or something of that nature, they wont pursue such legal action. But I guess they can always call the sheriff department in your area and have them come get it. I dunno thought, if they want to be asses they can always sue you and make you pay for all the fees. Just my 2 cents...

They can't sue her for their error. You need to leave this thread immediately.

BMW F22 · 05-01-2006, 10:11 PM

Quote:

Originally Posted by shimshimhada

They can't sue her for their error. You need to leave this thread immediately.

dude if they found out they sent it to her by mistake. THey will ask for it back. If she refuses to do so, and they wanna be bitches about it, they can take legal action. What's stopping them?? They refunded her money and now she has their item. THere's no such things as 'they cant sue'.

ward · 05-01-2006, 10:13 PM

If I mailed you 50 bucks by accident, it would be yours

I could ask for it back, but for you to give it back would be out of the kindness of your heart

shimshimhada · 05-01-2006, 10:13 PM

Quote:

Originally Posted by BMWE90

dude if they found out they sent it to her by mistake. THey will ask for it back. If she refuses to do so, and they wanna be bitches about it, they can take legal action. What's stopping them?? They refunded her money and now she has their item. THere's no such things as 'they cant sue'.

I was saying they couldn't just sue her without even asking for the item back, you nignog.

Nikki · 05-01-2006, 10:13 PM

I really don't know, is anyone here a lwyer or something? lol

vladinecko · 05-01-2006, 10:14 PM

i don't know why there is even discussion about this, keep it and don't look back. they screwed up, you benefit from it. just like you will/did once fuck up and pay for it. at the end, everyone will be even.

shimshimhada · 05-01-2006, 10:14 PM

I played a lawyer in a school play once.

BMW F22 · 05-01-2006, 10:17 PM

Quote:

Originally Posted by shimshimhada

I was saying they couldn't just sue her without even asking for the item back, you nignog.

make your statement more clear next time. Of course they cant just sue her because they sent her the item by mistake

Ward- it's not legally yours. There's this whole thing about how you must have done something to deserve the money. I forgot what the word is.

shimshimhada · 05-01-2006, 10:19 PM

Quote:

Originally Posted by BMWE90

make your statement more clear next time. Of course they cant just sue her because they sent her the item by mistake

take your own advice.

BMW F22 · 05-01-2006, 10:22 PM

^ read the original post. she asked if there's any legal way for them to get it back. So it's obvious that they will ask for it back. She was basically asking for things they can legally do to get it back.

shimshimhada · 05-01-2006, 10:23 PM

She didn't say she wouldn't give it back. I like arguing over semantics.

05-01-2006, 09:24 PM	#1
Nikki Major General 990 Rep 6,381 Posts Drives: Sepang Z4MC Join Date: Aug 2005 Location: LA iTrader: (9)	Question.. If you buy something, and pay for it, then they call you back and say they don't have it in stock and refund your money and then they ship it to you by accident even though your payment was refunded, is there any way they can legally get it returned to them? __________________ Nikki
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05-01-2006, 09:45 PM	#2
BMW F22 Major General 3566 Rep 9,788 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	yup. Cus they gave you back the money thus the item isnt yours. Is this like a shirt? you can offer to pay for it.
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05-01-2006, 09:46 PM	#3
Booster Pave The Rainforest 269 Rep 1,197 Posts Drives: Wagon Join Date: Dec 2005 Location: Norfolk, VA iTrader: (33) Garage List 2007 335i Coupe [0.00]	haha... happened to my friend with a set of headlights... seller never noticed it, or at least never brought it up to him....sold them for straight profit... I say keep it..It's their fuck-up __________________ Sold: 2015 Pyrite Brown M3 Sold: 2020 Sunset Orange M340i Xdrive Sold: 2021 Bluestone 540i Xdrive Msport
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05-01-2006, 09:47 PM	#4
shimshimhada Brigadier General 442 Rep 4,838 Posts Drives: Portal Join Date: Jul 2005 Location: Portal iTrader: (2)	The real question is...will they ever figure out they did?
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05-01-2006, 09:57 PM	#5
Nikki Major General 990 Rep 6,381 Posts Drives: Sepang Z4MC Join Date: Aug 2005 Location: LA iTrader: (9)	Well it's not really a question of whether or not to keep it morally, just whether it is legal or not to do so. This would be if the seller DID notice their mistake but was unable to contact the person who received the item. __________________ Nikki
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05-01-2006, 09:58 PM	#6
shimshimhada Brigadier General 442 Rep 4,838 Posts Drives: Portal Join Date: Jul 2005 Location: Portal iTrader: (2)	They will have invoices so yes.
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05-01-2006, 09:59 PM	#7
Nikki Major General 990 Rep 6,381 Posts Drives: Sepang Z4MC Join Date: Aug 2005 Location: LA iTrader: (9)	I think you're right, but I don't know if they would bother going through the trouble to get it returned. __________________ Nikki
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05-01-2006, 10:01 PM	#8
shimshimhada Brigadier General 442 Rep 4,838 Posts Drives: Portal Join Date: Jul 2005 Location: Portal iTrader: (2)	It'll depend on how much the discussed item costs. I doubt if it's something under $50, they'll care too much, provided it is a big company. A plasma tv is pushing it.
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05-01-2006, 10:01 PM	#9
Nikki Major General 990 Rep 6,381 Posts Drives: Sepang Z4MC Join Date: Aug 2005 Location: LA iTrader: (9)	yes, hmm. any other input? __________________ Nikki
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05-01-2006, 10:03 PM	#10
ward Major General 155 Rep 6,158 Posts Drives: F Join Date: May 2005 Location: T iTrader: (0)	if someone ships you something you didn't order, then you don't have to pay I would imagine, although it's morally wrong you could most likely keep the item and your credit card co would back you up (i.e. it's free).
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05-01-2006, 10:06 PM	#11
BMW F22 Major General 3566 Rep 9,788 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	like I said- if it's a shirt or something of that nature, they wont pursue such legal action. But I guess they can always call the sheriff department in your area and have them come get it. I dunno thought, if they want to be asses they can always sue you and make you pay for all the fees. Just my 2 cents...
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05-01-2006, 10:13 PM	#14
ward Major General 155 Rep 6,158 Posts Drives: F Join Date: May 2005 Location: T iTrader: (0)	If I mailed you 50 bucks by accident, it would be yours I could ask for it back, but for you to give it back would be out of the kindness of your heart
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05-01-2006, 10:14 PM	#17
vladinecko Brigadier General 277 Rep 3,924 Posts Drives: '11 E92 M3 Join Date: Jun 2005 Location: Bay Area, CA iTrader: (1) Garage List 2011 BMW M3 [9.00] 2008 BMW 335i [0.00] 2006 BMW 330i [0.00] 1994 BMW 325i [0.00]	i don't know why there is even discussion about this, keep it and don't look back. they screwed up, you benefit from it. just like you will/did once fuck up and pay for it. at the end, everyone will be even. __________________ 2011 E92 M3 - IB/Beige/Sycamore Wood/6MT/EDC/ZPP2/Nav/PDC/Heated Seats/iPod-USB/Enh. Audio 2008 E92 335i - Montego Blue/Black/Gray Poplar/6MT/ZPP/ZSP/Nav/PDC/Heated Seats/HDRadio/iPod-USB - *Sold* 2006 E90 330i - Mystic Blue/Black/Aluminum/6MT/ZPP/iDrive/PDC/Heated Seats/Sat. Prep - *Sold* 1994 E36 325i - Boston Green/Beige/Automatic/ZPP/Heated Seats/Premium Sound - *Sold*
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05-01-2006, 10:22 PM	#21
BMW F22 Major General 3566 Rep 9,788 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	^ read the original post. she asked if there's any legal way for them to get it back. So it's obvious that they will ask for it back. She was basically asking for things they can legally do to get it back.
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05-01-2006, 10:23 PM	#22
shimshimhada Brigadier General 442 Rep 4,838 Posts Drives: Portal Join Date: Jul 2005 Location: Portal iTrader: (2)	She didn't say she wouldn't give it back. I like arguing over semantics.
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