Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?
They discovered their error, asked for it back, and are now invoicing me for the difference.
It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in error. Do I have to send it back or do I have the legal right to keep it? Thank you.
A: One need not be an attorney to know the answer to this.
You ordered an item and you are entitled to that order and they are entitled to payment.
They sent you the wrong order. you either pay for it and keep it or you send it back and get a refund.
You are not entitled to take advantage of their clear mistake.
Easy, Peasy, Simple, done deal. Good luck with it...
A: Mr. Kaufman gets right to the point, but the law may not be so direct. As a consumer, you are not obligated to pay for or return UNSOLICITED merchandise that is sent to you. However, the item that was sent to you was not Unsolicited, it you solicited merchandise but they sent you a different piece, in error. This is a different situation than unsolicited merchandise. IMO you are both morally and legally obligated to either return the merchandise (at their expense- I don't think you have to pay for shipping, since it is their mistake) or pay the difference for the improved merchandise.
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