# Items being shipped accidentally **URL:** \ **Category:** Factual Questions\ **Created:** [December 18, 2003, 10:44pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863 "2003-12-18T22:44:25Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [December 18, 2003, 10:44pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/1 "2003-12-18T22:44:25Z")
We have been waiting for a microwave that was a high end microwave… lots of bells and wistles… that broke 6 months after we recieved it. I have called every 2-4 weeks to try to get it back since July. On a regular basis I get a response that the should be sent out in 2-3 weeks. It is now the middle of December. The other day I opened my door to see a big box sitting on my front step I hoped that they had made another mistake and sent me my microwave before they went on backorder…again. I was wrong they had sent a comercial convection toaster oven. With no packing slip only a paper that said that my item had been damaged in shipping. I called the company to find out what this was all about. They had no record that any item had been sent to us. (Could I have kept the item?) They told me they would send a call tag to pick up the item and that it would take 5-7 days… I have waited a week… I called them up today and they said that it could be another day or two or maybe longer and that I am now responsible if any thing happens to that thing. It is taking a lot of space up in my small livingroom and I am gettting really annoyed. Thanks ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [December 18, 2003, 10:55pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/2 "2003-12-18T22:55:16Z")
You have the patience of Job. I would have escalated the issue after the first 30 days. You say you are calling these people. Are you keeping a written diary? Shall one assume you have not written letters to the company to complain? It has been my experience that telephone communication complaints are fleeting; there is no written record. Document, document, document! I wouyld suggest you start writing letters to the top brass of the company and spell out in as much detail as you can what you want from them. Have you contacted the BBB? ---
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [December 19, 2003, 2:26am UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/3 "2003-12-19T02:26:28Z")
No, I have not contacted the BBB. I have tried to send email to them before but it was returned (Mail box full.) Big surprise there. I guess that I have a letter writing campaign to start. ---
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [December 22, 2003, 7:32pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/4 "2003-12-22T19:32:55Z")
I still haven’t got a response. My wife tells me that since it came to us through the mail even though we didn’t order it, that it’s ours. While I don’t want the thing, it would be a nice gift to a charity, and I’m still pretty cheesed of at thier insistence that I’m responsible for it. What I’d like to know is : AM I resposible for it? Am I liable if I do give it away? (I have a nice soup kitchen in mind. This thing’s been taking up MY space.) Thanks! ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [December 22, 2003, 7:58pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/5 "2003-12-22T19:58:53Z")
From a microwave to a toaster oven? That’s one hell of a lot of shipping damage… ---
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [December 22, 2003, 8:04pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/6 "2003-12-22T20:04:30Z")
It’s apparently unrelated to my microwave, which has been two weeks from repair since July. By the way, in case it’s relevant to my question, it was delivered by FedEx. ---
**Author:** ![lesa](https://avatars.discourse-cdn.com/v4/letter/l/34f0e0/32.png) [@lesa](https://boards.straightdope.com/u/lesa)\ **Post date:** [December 22, 2003, 8:28pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/7 "2003-12-22T20:28:53Z")
Write your Attorney General’s office about the microwave and the oven. That will get things moving. You can also try calling them now about the oven. If they say keep it, keep it. The company will back off if you say, “My state Attorney General’s office said I could keep it.” If you can’t keep it, they may have other suggestions for what you can do. ---
**Author:** ![zut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zut/32/2875_2.png) [@zut](https://boards.straightdope.com/u/zut)\ **Post date:** [December 22, 2003, 8:39pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/8 "2003-12-22T20:39:50Z")
I think you can keep it. I remember two previous threads on the subject ([here](http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=109778) and [here](http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=49839)), and both linked to the USPS Web site. [The Post Office says](http://www.usps.com/postalinspectors/merch.htm), in part: > [@](#): > > A company sends you a gift in the mail–a ball point pen, a key chain, a tie. But you didn’t order it. What do you do? If you are the type of person this company is looking for, you may feel guilty about accepting the item without paying for it. Don’t feel guilty! It’s yours, and you are under no obligation to pay anything. > > You, the consumer, may only legally be sent two types of merchandise through the mail without your consent or agreement: > Free samples which are clearly and conspicuously marked as such. > Merchandise mailed by a charitable organization that is soliciting contributions. > > And in these two cases, you can consider the merchandise a gift if you wish. In all other situations, it is illegal to send merchandise to someone, unless that person has previously ordered or requested it. But, of course, IANAL; the fact that you requested _something_ from the company (i.e., a new microwave) and they shipped you something else might change the circumstances. ---
**Author:** ![badmana](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@badmana](https://boards.straightdope.com/u/badmana)\ **Post date:** [December 22, 2003, 9:56pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/9 "2003-12-22T21:56:22Z")
I wish I knew about this before! I recently ordered something (which is now cancelled) from Victoria Secret for Christmas. Last week I get a giant box in the mail…that was supposed to be sent to Arizona but went to me in Toronto instead. VS gave me $10 US to return the box. Took me 2 days of telephone calls and bringing the box to Purolator for me to get it sent. It wasn’t worth it (well, the “clothing” inside wasn’t valuable to me or my GF anyways. “Medium” sized US clothing is Large in Canada apparently.) Now my gift from VS is missing and they’re crediting me everything back anyways. If I do still receive it (it was supposed to have been delivered last week) I’ll keep the damn thing. ---
**Author:** ![occ](https://avatars.discourse-cdn.com/v4/letter/o/8c91f0/32.png) [@occ](https://boards.straightdope.com/u/occ)\ **Post date:** [December 22, 2003, 9:59pm UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/10 "2003-12-22T21:59:58Z")
Generally, anything shipped to you is _yours_, period. I’m sure a lawyer will drop by eventually with the specifics, but if a company sends something to you by mail, you are in no way required to fulfill anything; its yours. In the early days of package mailing, unscrupulous companies would (supposedly) ship merchandise, then attempt to claim people either had to pay them, or pay to have the stuff shipped back. The Federal Government stepped in and put a stop to this practice. Now, that said, if you keep the toaster oven they might be even more obnoxious about giving you your rightfully-owed microwave – although, should you care to pursue it, you could easily win in court for their failure to live up to contract. ---
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [December 23, 2003, 5:39am UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/11 "2003-12-23T05:39:22Z")
I’d like to reiterate that this oven wasn’t sent via US postal Service, but via FedEX. Whether this makes any difference, I don’t yet know. Any legal eagle dopers out there care to take a shot at it? ---
**Author:** ![kirk](https://avatars.discourse-cdn.com/v4/letter/k/f9ae1b/32.png) [@kirk](https://boards.straightdope.com/u/kirk)\ **Post date:** [December 23, 2003, 11:34am UTC](https://boards.straightdope.com/t/items-being-shipped-accidentally/219863/12 "2003-12-23T11:34:58Z")
This is the law. [http://www4.law.cornell.edu/uscode/39/3009.html](http://www4.law.cornell.edu/uscode/39/3009.html) I’m not sure where they define “mailing.”