I ordered an HDTV on Walmart.com. Today two of them were delivered. I checked my bank account online and I was only charged for one. As far as I can tell I didn't cause this mix up so who thinks I can get away with keeping the extra one?
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So what's the legality on this?
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Re: So what's the legality on this?
Might want to take a look at the delivery invoice you signed on receipt. If it lists 2 TVs, they're going to contact you. Even if it doesn't, shipping departments tend to have multiple paper trails for products. Chances are pretty remote they will have fumbled it every step of the way.So you're a fish out of water...
Keep swimming.
What else can you do?
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Re: So what's the legality on this?
Um...don't you WORK there? Something tells me if it was some random website, you could get away with it (not taking into account Caciss' VERY astute comment about testing your character), but from your own workplace, methinks it MIGHT be a little iffy. Knowing Wal-Mart, they purposely sent you an extra one to see if you'd keep it or report it so they'd have reason to fire you if need be.
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Re: So what's the legality on this?
its a no brainier. contact them and let them know your mistake. anything less makes you a thief, regardless of whos mistake it is. you know you didnt pay for two tvs so accepting a free one without consent is theft.
people at work try this all the time and we work very hard to check into these situations. you can be sure that you will be noticed and walmart will check into it. at the least you can get black listed so any future sales you do will be scrutinized which isnt good.
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Re: So what's the legality on this?
I remember reading old Consumerist.com articles about this. Legally, you are not bound to return the television and they cannot charge you for an extra one just because they goofed up (even though someone may contact you asking for it back). Morally, you can do the right thing and return it, but that's up to you. :3In the beginning the universe was created. This made a lot of people very angry and is widely considered as a bad move.
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Re: So what's the legality on this?
Banking is different, it doesn't have anything to do with the USPS mail system. The articles I read said that the USPS counts anything you receive in the mail that you didn't order as 'unsolicited mail,' and you are not obligated to pay for it if you didn't order it. If your invoice only says 1 television and they send you two, you didn't order two TVs, so it's unsolicited. Even if they catch their mistake and ask for it back USPS laws state (or so says these articles) that it's rightfully yours, even if they try to bully you into giving it back, and they cannot retroactively charge you for having it.
If it's not worth the trouble fighting over (especially if you're going to do the morally right thing anyway), send them an email about it and send it back. At the very least, you ought not to be responsible for the shipping since it was a mistake on their end.
EDIT: Found what I was looking for: http://www.ftc.gov/bcp/edu/pubs/business/adv/bus02.shtm
You only agreed to receive one TV, they sent you two, against what you agreed upon (per your invoice). I do realize that this code also refers to deliberately sent merchandise, but that second tv is still unordered merch nonetheless. If you want it, no backsies.Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:
1. Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,
2. Try to obtain payment for or the return of the unordered merchandise.
Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.Last edited by Kirin; 11-26-2009, 09:49 PM.In the beginning the universe was created. This made a lot of people very angry and is widely considered as a bad move.
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Re: So what's the legality on this?
I wouldn't put them past it either, douchebags that they are.Originally posted by Valkysas View Postwalmart could still possibly fire him for it, though.
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