Q: If a large item is purchased, cancelled & refund issued yet company delivers item anyway are you obligated to return?
I ordered a very large item, called & asked when it would be shipped as I may have ordered the wrong size. I was given a specific date to cancel by. Yet when I called to cancel I was told the had shipped. I spoke with a manager who advised that personnel was not supposed to give a date to cancel by. Due to the error she cancelled the item, rerouted it back to their warehouse & issued a refund. Two days later I returned home to the item in 5 overly large boxes on my front porch. I called the merchant, someone rerouted back to me. A pick up was scheduled, & I asked to speak w/same manager who ensured a pick up was scheduled & advised she’d follow up in a few days. After a week of not hearing back I called again another pick up was scheduled & still nothing. After 2 weeks I emailed the company & advised that I was no longer willing to store their item & that they had 48 hours to pick up. Now three weeks has passed & they are now wanting to pick up. Am I obligated to return?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, when you receive merchandise you didn't order or that was delivered after a valid cancellation and refund, it's considered "unordered merchandise" and you can treat it as a gift.
Your situation fits this perfectly - you cancelled within the allowed timeframe, received confirmation of the cancellation, and got your refund. You've made multiple good-faith efforts to help the company retrieve their merchandise over three weeks, including storing it safely and trying to coordinate pickups. You even gave them reasonable written notice with the 48-hour deadline.
While it would be courteous to allow them to pick up the item now if they follow through, you are not legally obligated to return it or to continue storing it indefinitely. The California Civil Code Section 1584.5 protects consumers in these cases, ensuring they don't bear the burden of companies' shipping errors. You might want to document all your attempts to have them retrieve the item, just for your records.
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