My dad.

[Pixilated]

I tend to get no reply when I try to contact a company about something they delivered to me by mistake.

If you've tried to contact them, and they don't respond ... I would think it's yours at that point. What else can you do?

[LadyAndreca]

Chiming in a bit late, but this happened to my sister this year. She ordered one runner rug to be delivered to Mom for Christmas (something like 1.5' x 5'). What was delivered was an 8x10' rug in a different pattern. And then, the next day, a second was delivered!

Turns out there was a problem with the item numbers on the web page. Ordering a runner put the item # for the large rug into the order, so the large rug was what shipped. The company was very apologetic about it, sent a truck to the the two rugs, and refunded my sister's order and shipping because they had no ability to actually send the rug she ordered.

Mom was pretty cool about it. Getting two very expensive 8x10' rugs randomly dropped on her lawn tickled her sense of the ridiculous. Plus she relishes every chance she gets to tease us.

A different time, I was sent a wrong throw pillow with an order. I called them and they said they'd send a return slip with the correct pillow. I didn't get a return slip, and I couldn't reach them with multiple calls and e-mails. I guess I still have that Oilers pillow floating around somewhere...

[EricKei]

I was on the another side of this complex equation once -- I had ordered a used PS3 (the release model that plays everything...still works, too!) from DealTree a few years back. The thing is, it got delivered to the wrong address...Let's say, 12345 Anystreet rather than my address, 12354 Anystreet. Fortunately, the elderly lady who lived there recognized the mistaken address while she was trying - in vain - to get the huge box into her house. She came right over and said, "Dear, I believe I have a package for you on my porch; would you mind coming over to get it? I can't lift it". If not for her honesty, I would never have known...and I likely would have been out quite a chunk of change, too >_> I would have had a devil of a time proving non-delivery, as this was UPS, thus, they would have marked it as "Delivered successfully" in their computer system the second they pulled onto our stretch of Anystreet.

[Miss_Stress]

Well, he's at it again. Mum ordered a mattress from Amazon, to be delivered today. 8:30 this morning, we get a call from the delivery people saying that they had received the mattress from Amazon, but there's a problem with the warehouse and it won't be delivered today. Sure, annoying and the warehouse should have given us more notice, but that's the warehouse's fault.

So, my dad phoned Amazon (which we should, as they act as a go-between for the carrier), but as soon as the poor person on the end answered, he started blaming Amazon. Shouted at the poor person, said him and my mum now hadn't got a bed (a big LIE by the way), and said he wanted compensation. From Amazon. My mum just came in and told me, and said she was so disgusted she didn't want to listen to his lies.

Anyway, he got off the phone, and I tried to talk to him about it. I asked why he'd shouted at someone from Amazon, and that while he was right to contact Amazon, the courier were at fault. He wouldn't believe me. So, I went back to my contract law days, and found the clause in the Sale of Goods Act which stated that once a seller had transferred the goods to the carrier, the seller was deemed to have completed delivery. Therefore, the people at fault were the carrier, not Amazon, and perhaps he should have been nicer to the person at Amazon seeing as it wasn't their fault.

Didn't go down well.

http://www.legislation.gov.uk/ukpga/1979/54/section/32 the link for anyone who's interested...it's the first paragraph.

I know my dad was in the right to call Amazon, but he was not in the right to blame them and be so rude to the person on the phone. Even my mum was disgusted.

[Andara Bledin]

Miss Stress, you totally have my sympathies for having to deal with that.

I imagine it's only a matter of time before you read some story and recognize the SC...

If you get sent something you didn't order, legally its a gift and there is no legal obligation to return it.

Well, in the case of the OP, if they claim non-receipt and a second item is sent out and both are received, then it's on the recipient to inform the seller of such. Because doing otherwise is fraud.

But a company can't send something to someone and then demand they pay for it when they never ordered it in the first place. However, it can be required that the item be allowed to be retrieved and if not surrendered, then demand payment.

Amazon have the attitude that it's their problem until it's in your hands (No, I don't work for them - just order a helluva lot of stuff through them)

They don't really have a choice in the US; it's FTC regulations that they get the item to your door. If it's stolen off your doorstep, it's not technically their problem any longer, but any halfway decent vendor will act as though it is.

Now, the regulations are different between mail order and business sales. If the place I works for sells something on eBay, they're responsible for getting the item to the door of the buyer. If we sell something to another company directly and ship it, then our liability ends once the carrier picks it up. It's pretty convoluted.

^-.-^