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What a Mistake!!

Started by Spider-Dan,

80 posts in this topic

brendanb438

brendanb438

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...

 

It is cool, it does sound like you are angle shooting the what if it was me at this point and trying to justify in your own mind that if this happen to you that you could legally keep it.

 

He isn't legally obligated to send it back on his dime, but if the retailer took the time to pay for it to be sent back or even to pick it up in person with compensation for his time he would have to turn this over.

 

There are cases where this has happened and a judge ruled in favor of the seller. One of the more interesting cases I know of personally involved Under Armour mistakenly shipping someone 300 of the same item when he had ordered 3 of it. He also thought right away "bank error in my favor" I get to keep the goods. They tried to offer compensation for him to return the items, then even tried to pick them up with compensation but he kept refusing to turn the goods back over. They took his to court and the judge ruled against him. The insufficiently_thoughtful_person had sold off the majority of the stuff also while fighting Under Armour before being taken to court and ended up having to pay for the goods losing money when it was all said and done.

 

Just sayin...

 

Now this case was easy to prove that the wrong amount of an item ordered was delivered, but for the OP it is a different case completely because it can be really hard for the seller to even prove what ended up being delivered, if you are gonna be shady you can simply hide what was delivered and say something else way cheaper was mistakenly delivered.

 

OP instantly did the right thing and I hope CLink throws a little something special your way for being so honest.

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Spider-Dan

Spider-Dan

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Thanks everyone for the kinds words :applause:

 

As tempted as I was, keeping it was never an option. I did however take this opportunity to teach my 3 children a lesson in honesty, and morality.

 

:news: - I did get a voicemail left today from someone at Comic Link thanking me for calling and letting them know what happened, and saving them from a big mess. They also said they would show thier gratitude by giving me $100 shipping credit!

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oakman29

oakman29

Posted
Posted
Thanks everyone for the kinds words :applause:

 

As tempted as I was, keeping it was never an option. I did however take this opportunity to teach my 3 children a lesson in honesty, and morality.

 

:news: - I did get a voicemail left today from someone at Comic Link thanking me for calling and letting them know what happened, and saving them from a big mess. They also said they would show thier gratitude by giving me $100 shipping credit!

It's always a great feeling knowing that you did the right thing.I am a big believer in karma,and negative acts always bring negative karma.We are always faced with challenges on a daily basis,to do the right thing or the wrong thing.Your kids will remember this life lesson for the rest of their lives,kudos to you. :applause:

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excelsior1986

excelsior1986

Posted
Posted
Thanks everyone for the kinds words :applause:

 

As tempted as I was, keeping it was never an option. I did however take this opportunity to teach my 3 children a lesson in honesty, and morality.

 

:news: - I did get a voicemail left today from someone at Comic Link thanking me for calling and letting them know what happened, and saving them from a big mess. They also said they would show thier gratitude by giving me $100 shipping credit!

 

:whee:

 

Sweet!

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supapimp

supapimp

Posted
Posted
$100 shipping credit? You should've held out for alot more.

 

 

I kid, I kid....

 

Seriously though, you did the right thing. Glad they hooked you up with that. (thumbs u

 

should have been a $100 gift card and not shipping credit. :screwy:

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Spider-Dan

Spider-Dan

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$100 shipping credit? You should've held out for alot more.

 

 

I kid, I kid....

 

Seriously though, you did the right thing. Glad they hooked you up with that. (thumbs u

 

should have been a $100 gift card and not shipping credit. :screwy:

 

I certainly didnt expect ANYTHING, nor am I a greedy person, but to be honest, I too thought that was kinda lame for fixing thier $9000 mistake.

 

But :takeit:

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supapimp

supapimp

Posted
Posted
$100 shipping credit? You should've held out for alot more.

 

 

I kid, I kid....

 

Seriously though, you did the right thing. Glad they hooked you up with that. (thumbs u

 

should have been a $100 gift card and not shipping credit. :screwy:

 

I certainly didnt expect ANYTHING, nor am I a greedy person, but to be honest, I too thought that was kinda lame for fixing thier $9000 mistake.

 

But :takeit:

 

dude,

 

totally.

 

talk about effin hella cheap. doh!

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chrisco37

chrisco37

Posted
Posted
$100 shipping credit? You should've held out for alot more.

 

 

I kid, I kid....

 

Seriously though, you did the right thing. Glad they hooked you up with that. (thumbs u

 

should have been a $100 gift card and not shipping credit. :screwy:

 

I certainly didnt expect ANYTHING, nor am I a greedy person, but to be honest, I too thought that was kinda lame for fixing thier $9000 mistake.

 

But :takeit:

 

dude,

 

totally.

 

talk about effin hella cheap. doh!

 

I didn't want to be the first one that said it. :blush:

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Transplant

Transplant

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Posted

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.

This is wrong. I'd never advise a client that they are free to keep it. Not because it's unethical, but because it's bad advice. It still belongs to CLink. It's their property. I won't restate what's been said about unsolicited items in the mail, but that idea doesn't apply here.

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Marvelfangirl

Marvelfangirl

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Posted
Thanks everyone for the kinds words :applause:

 

As tempted as I was, keeping it was never an option. I did however take this opportunity to teach my 3 children a lesson in honesty, and morality.

 

:news: - I did get a voicemail left today from someone at Comic Link thanking me for calling and letting them know what happened, and saving them from a big mess. They also said they would show thier gratitude by giving me $100 shipping credit!

Awesome!!! :applause:
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Brian48

Brian48

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)

 

Doing the right thing is never a bad thing.

 

I'd still take a bunch pics or scans before I pack it up though :)

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Spider-Dan

Spider-Dan

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So, does this $100 shipping credit also included a refund for the return shipping and insurance back to ComicLink?

 

They give me thier Fed Ex info, so nothing out of pocket for me. I think Im going to hold it until I get my 9.2 :whistle:

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