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Question about buying stuff online

  1. Oct 13, 2011 #1
    So I bought something online only for it not to be delivered for a very long time. I asked the seller to see what was going on and he decided to just ship me an replacement. Problem is, today the first packaged showed up randomly and the second one is in the mail already. So should I return the second one? What should I do?
     
  2. jcsd
  3. Oct 13, 2011 #2
    This is just me. But I would email the seller and let him know that the first package had arrived and that when the second package arrives i'll send it back.

    Just good karma :approve:
     
  4. Oct 13, 2011 #3
    But then do i pay for shipping back? Technically it wasn't my fault since we both assumed the first package to be lost/really really delayed. I paid for the fast shipping, guaranteed delivery and it missed it by almost a week...
     
  5. Oct 13, 2011 #4
    I somehow forgot about the shipping cost aspect.

    It depends on how much it would cost I guess. I am sure the seller would find a way to pay for it's return if you contacted him (as he will lose out more money if you just kept the item/object). A less likely scenario is that the seller may somehow stop the delivery mid-way and have it returned.
     
  6. Oct 13, 2011 #5
    I think I overpaid for it in the first place (as in the seller set the price pretty high and i bought it), which was why the seller offered a replacement so quickly...
     
  7. Oct 13, 2011 #6

    Evo

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    Your options are keep and pay for both, return one, if it comes UPS or Fed Ex and you refuse it, you may not be charged for the return(at least that's my experience, but perhaps that was the sender's policy on refusals).

    How was it shipped originally that there was no tracking information?
     
  8. Oct 13, 2011 #7
    Tracking number but it stopped updating. I really dunno what to do. The seller was pretty ambiguous.
     
  9. Oct 13, 2011 #8

    Evo

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    Contact the seller and tell them you recieved the first package. Since it's now been delivered it is likely confirmation will get to the seller, then if you accept the second and don't pay for it, it's theft. The only question here is if you intend to steal the second item. I can't believe that you are even asking if theft is ok.

    Sounds like you are dealing with a decent, honest seller that immediately attempted to make things right.
     
  10. Oct 13, 2011 #9

    berkeman

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    I agree with both, and also am a bit puzzled why you are asking. Anyway, contact the seller and ask for them to pay for the shipping back of the 2nd article. If they missed the "guaranteed delivery" on the first shipment, they should be fine covering the return costs on the 2nd item.
     
  11. Oct 14, 2011 #10

    AlephZero

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    The law in different countries varies, but in the UK, you probably don't even need to tell the seller about this, since he/she already agreed to send a replacement on the assumption that the original was lost.

    If you do tell them, all you are legally required to do (under UK law) is to allow them to take "reasonable steps" to recover the item at their own expense. For example, if they sent you a postage-paid address label, you could not "reasonably" refuse to re-package the item and put it back in the mail, or make arrangements for a courier service to collect it from you.
     
  12. Oct 14, 2011 #11

    Evo

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    I can't find anything on this in UK online purchases where a second item was shipped. All I can find reference to is damaged or canceled orders. Can you post it please? Thanks.
     
  13. Oct 14, 2011 #12

    AlephZero

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    This is covered in the UK by the "distance selling regulations" (DSR).

    See http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf [Broken]
    (sections 3.16 - 3.21, 3.36, etc).
     
    Last edited by a moderator: May 5, 2017
  14. Oct 14, 2011 #13

    Evo

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    None of that applies to this issue.

    Do you have something that says that if both packages are received and only charged for one that they can keep the second item without paying or returning, or failure to notify seller?
     
    Last edited by a moderator: May 5, 2017
  15. Oct 14, 2011 #14

    AlephZero

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    I think it does apply.

    "If the goods were fault or did not comply with the contract you (the supplier) will have to pay for theiri return whatever the circumstances (3.57).

    The goods that were presumed to be lost, did not comply with the contract, because they were not delivered within the timescale of the contract (3.1(vii)).

    I would say that when the "lost" goods were unexpectedly delivered, they fall under the category of "unsolicited goods" (3.72) since the original contract had been fulfilled by the replacement items.

    Of course the customer may feel a moral obligation to tell the supplier about this, but that's not the same as a legal obligation, and the customer certainly can't be forced to pay for being moral.
     
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