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  1. #1
    Join Date
    Nov 2005
    Posts
    106

    Default Sent Wrong Item in the Mail, Am I Legally Obligated to Return It

    My question involves a consumer law issue in the State of: Washington

    So I have a pair of headphone that broke, and I sent them in for a replacement. The manufacturer sent back a different model (one tier lower cost) to me. I know that if something is mailed to you without your consent, you may consider it a gift and may legally keep it free of charge.

    I notified the company, and they said after I mail back the headphones (the wrong model they sent, they'll pay S&H) I'll get the proper model in about 2-3 weeks.

    My question is, am I legally obligated to return the headphones that they sent me in order to get the proper replacement? It seems wrong that due to their error I have to wait another couple weeks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sent Wrong Item in the Mail, Am I Legally Obligated to Return It

    If they say, "You must send back the improper item before we'll send you the correct item," you can expect that you won't get the correct item until you send back the incorrect item.

    The goods you are describing are not unsolicited - sending the wrong item is not even close to the same thing as sending an unsolicited item.

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