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  1. #1
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Paid Once But Got Two Items

    Never thought I'd be posting about shoplifting quandaries, but here goes.

    I bought an item. (No need to get into what, but it was of the expensive electronics variety.)

    I asked for one item. I paid for one item. I put one box in my bag and walked out of the store. When I opened the box, however, I found two items. I had bought them from a special "used gizmos" department where the staff at the store itself box them up behind the counter, so it was clearly the store that gave me a second item rather than the manufacturer putting two in one box.

    Obviously, walking out of the store with the unpaid item was not shoplifting, as the store employees put the item in my box wholly of their own accord and unbeknownst to me and I didn't find out until after I left the store. Is keeping it, however, considered shoplifting or in some way illegal?

    Now I got a call from the store suspecting that they'd given me two items by accident and asking me to return the unpaid one. Does their request make my continued keeping of the item illegal? Or is it covered under some sort of unsolicited merchandise law? In the event that I am legally obliged to return it, can I demand they pay for shipping expenses? I doubt they can expect me to drive back to the store on my own time just to correct their mistake.

    The state, as usual, is New York.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paid Once But Got Two Items

    it was a mistake. You have no right to keep the item. If you do not want to return it to the store, give them your address and tell them to pick it up. If it is their fault, it should be their inconvenience and not yours to get it back to them.


    , can I demand they pay for shipping expenses?
    what shipping expenses? You were physically in the store. Why is there all of a sudden shipping expenses?

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Paid Once But Got Two Items

    How far away is the store?

    If it's local....I'd say....Ok, I'll return it, but as this is not my error, I would like a gift card or store credit for my time and mileage. Or you can send someone to pick it up.

    If it's not local...I'd ask them to send you a Pre-Paid Postage tag and shipping material.

  4. #4
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: Paid Once But Got Two Items

    Quote Quoting jk
    View Post
    what shipping expenses? You were physically in the store. Why is there all of a sudden shipping expenses?
    I was referring to the expense of shipping it back to them.

    In any case, by a stroke of luck the issue has become moot. I found out that the used gizmos desk had just received something I'd been looking for and I had to go back to the store today to buy it before someone else did. I brought back the extra item from last time and they gave me $20 off my new purchase.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paid Once But Got Two Items

    Quote Quoting TheArgumentative
    View Post
    I was referring to the expense of shipping it back to them.

    In any case, by a stroke of luck the issue has become moot. I found out that the used gizmos desk had just received something I'd been looking for and I had to go back to the store today to buy it before someone else did. I brought back the extra item from last time and they gave me $20 off my new purchase.
    Karma works both ways.

  6. #6
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Paid Once But Got Two Items

    Smart (and honest) move! You could've faced a theft by conversion charge....or whatever it is that your state calls that sort of activity.

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