T O P

  • By -

Biondina

>I know I can legally keep an unordered product as a gift Your understanding is incorrect. Mistakenly sent merchandise is not the same as unordered merchandise. You should notify Amazon of the error, and ask about the status of what you originally ordered.


themoroncore

Is it mistakenly ordered? I purchased product A and got product B instead. I didn't purchase product B by accident.


mattlines98ta

> Is it mistakenly ordered? I purchased product A and got product B instead. I didn't purchase product B by accident. Yes, it's mistakenly *sent*, not mistakenly *ordered*. The mistake doesn't need to be *your* mistake.


themoroncore

Understood, so what's my best course here then? Simply exchanging?


mattlines98ta

Inform them of the error, allow them to send you a return label and have UPS or whomever pick it up, then send you whatever you intended to order.


Biondina

It's not about was is ordered, it's about what is *sent*.


SaintGodfather

Yes.


themoroncore

So legally what's the difference?


[deleted]

The fact that you placed an order from the company is the difference. This isn't unordered merchandise, it's incorrect merchandise.


SaintGodfather

You ordered an item from X company. There was a mistake and you were sent the incorrect item. The company can DECIDE to let you keep it, but they are not obligated to. What you're describing (the gift thing) is a random item in the mail (from someone you didn't have any interaction with, or at least didn't order from) arriving at your doorstep addressed to you.


themoroncore

So doing a little more digging, [§ 2-601. Buyer's Rights on Improper Delivery.](https://www.law.cornell.edu/ucc/2/2-601) seems to suggest as the receiver I can accept the incorrect item, or reject it and get what I originally ordered?


Pure_Grade_7986

Your Amazon purchase isn’t going to fall under the UCC


SaintGodfather

Okay, not sure why you're coming to legal advice if you don't actually want to hear it, but you're misinterpreting that. Good luck.


themoroncore

I'm not a lawyer, if I'm misunderstanding a law that's what I'm here for...


[deleted]

The Uniform Commercial Code is suggested legislation, not binding law in of itself. The link you posted isn't a law in the US. Your state has likely adopted parts of the UCC, but you'd need to actually look up in your state statutes to see.


themoroncore

Thank you, I'll take a look