• When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.

Archived

This topic is now archived and is closed to further replies.

What a Mistake!!

Started by Spider-Dan,

80 posts in this topic

Ryan.

Ryan.

Posted
Posted
If you receive something mistakenly in the mail, American law allows you to claim it as your own. Just sayin'.

 

 

Please oh please point out the "law" saying he has the right to keep this.

 

I can point out the law that says if a business sends you something that is unsoliciated then yes you can outright keep it by law, but if you are doing business with a company and they make a mistake like this it is legally not the same. Will you please help educate us on this law because I am pretty sure you are mistaken.

 

I think you are correct. We went over this in a business law class I am taking and I interpreted it generally rather than specific to businesses sending unsolicited items, as you mentioned. Now that I'm re-reading the notes I think I am mistaken. I'll try to make sure I am right before making such proclamations in the future.

Link to comment
Share on other sites
sterlingcomics

sterlingcomics

Posted
Posted

I had the wrong copy was sent to me when duplicates were offered. This underscores the reason why their controls are poor when it comes to duplicate copies of the book. And yet, I hear that obnoxious CL sticker on the back is supposed to help with this. :facepalm:

 

For a minute I thought the problem was that it was in a new label instead of the old one... meh

Link to comment
Share on other sites
Ryan.

Ryan.

Posted
Posted
If you receive something mistakenly in the mail, American law allows you to claim it as your own. Just sayin'.

 

:facepalm:

 

I have a feeling that Bruto would visit you soon if you didn't return it. Just sayin'.

 

I don't know what that is. (shrug) Just sayin'.

Link to comment
Share on other sites
mikenyc

mikenyc

Posted
Posted
If you receive something mistakenly in the mail, American law allows you to claim it as your own. Just sayin'.
Yeah, ummm... That's not true.

 

It's murky. Fake lawyer talk coming, it seems certain Federal Laws were passed to protect a consumer from being mailed an item, and then having the company demand payment for said item. If it's a shipping error, you are advised to notify the company and allow them to make arrangements to get the item or have you ship it back, if not, it's all yours.

 

If you are conducting a transaction with a company and an error is made, they send a Rolex instead of a Timex, I'm not sure how they would treat that.

 

http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro15.shtm

Link to comment
Share on other sites
sterlingcomics

sterlingcomics

Posted
Posted
If you receive something mistakenly in the mail, American law allows you to claim it as your own. Just sayin'.

 

:facepalm:

 

I have a feeling that Bruto would visit you soon if you didn't return it. Just sayin'.

 

I don't know what that is. (shrug) Just sayin'.

:facepalm:
Link to comment
Share on other sites
AndyBoBo

AndyBoBo

Posted
Posted
If you receive something mistakenly in the mail, American law allows you to claim it as your own. Just sayin'.
Yeah, ummm... That's not true.

 

I was reading hoping someone more qualified than I to point this out!

Link to comment
Share on other sites
toro

toro

Posted
Posted
I won the Amazing Spider-Man #32 9.2 (Old Label :cloud9: ) in January's Comic Link auction along with a few others. I recieved my Package today, and this is the Amazing Spider-Man #32 they sent me :o

 

Photobucket

 

Before anyone acusses me of anything, I already called and am sending it back (tsk)

 

^^

 

I hope C-Link does something special for you, like maybe give you one of their books that hasn't moved in years or maybe free shipping for life. By you being the honest person that you are saved their butts big time!

Link to comment
Share on other sites
AnastasiasCollect

AnastasiasCollect

Posted
Posted
I won the Amazing Spider-Man #32 9.2 (Old Label :cloud9: ) in January's Comic Link auction along with a few others. I recieved my Package today, and this is the Amazing Spider-Man #32 they sent me :o

 

Before anyone acusses me of anything, I already called and am sending it back (tsk)

 

(thumbs u the world needs more people like you who are willing to do the right thing.

Link to comment
Share on other sites
Ryan.

Ryan.

Posted
Posted
Karma baby, KARMA

 

You reap what you sow.

 

this is my wife's thought!

 

I actually became curious enough about this that I emailed Spider-Dan's scenario to a lawyer to get his take on it (no, really). The lawyer said that because the retailer (C-Link) accepted Spider-Dan's money and they sent him the mistaken item, addressed to Spider-Dan, that Spider-Dan is not legally obligated to send it back. The lawyer did not say that he'd advise Spider-Dan to keep the comic without informing C-Link because, of course, that's unethical.

 

Again, I'm just genuinely curious about the legal aspects of such a circumstance. I too would have at least contacted C-Link and let them know about their mistake because it would feel weird to keep the comic. Although I'm sure my devil's advocacy won't stop the boardies from type-yelling at me in 3...2...1...

Link to comment
Share on other sites
Columbia Comics

Columbia Comics

Posted
Posted
Karma baby, KARMA

 

You reap what you sow.

 

this is my wife's thought!

 

I actually became curious enough about this that I emailed Spider-Dan's scenario to a lawyer to get his take on it (no, really). The lawyer said that because the retailer (C-Link) accepted Spider-Dan's money and they sent him the mistaken item, addressed to Spider-Dan, that Spider-Dan is not legally obligated to send it back. The lawyer did not say that he'd advise Spider-Dan to keep the comic without informing C-Link because, of course, that's unethical.

 

Again, I'm just genuinely curious about the legal aspects of such a circumstance. I too would have at least contacted C-Link and let them know about their mistake because it would feel weird to keep the comic. Although I'm sure my devil's advocacy won't stop the boardies from type-yelling at me in 3...2...1...

 

I don't think anyone is going to yell at you. I believe the general concensus is that Dan did the right thing by alerting C-Link and making arrangements to get the book back.

 

Could he have kept the book (legal or no)? Maybe...

 

Should he have kept the book? NO WAY

 

Seems it was an honest mistake by C-Link. It's not like they intended to send everyone super HG Spideys and see what happens; to see how many honest buyers they have. Mix ups happen all the time...I just hope that if I make the same mistake that the buyer would alert me.

 

Kudos to Dan. I've bought a few things from him and it's great to see someone who does the right thing, even when doing so deprives him of thousands of dollars!

 

(thumbs u

 

 

Link to comment
Share on other sites
Go to topic listing