Can I consider merchandise shipped 30 days after the order was cancelled to be unsolicited merchandise?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I consider merchandise shipped 30 days after the order was cancelled to be unsolicited merchandise?
I live in GA and placed an order by mail with a company in AK. After many attempts to get them to ship the merchandise, I faxed a formal order cancellation letter a month ago and followed up with an email containing the text of the letter. The company had quit communicating with me the week prior and only responded when I informed them I had filed complaints with the FTC and the AKAttorney General’s office. Then 2 1/2 hours later I received an email which was sent as a response to my final refund inquiry informing me that they had processed my order for shipment. Can I keep the merchandise or should I refuse delivery?
Asked on May 9, 2011 under General Practice, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless you want to pay for it, you need to refuse delivery. The law does not permit people to keep merchandise without paying for it, even if there had been some prior problem with the order, delivery, etc. Certainly, you could elect to keep it and pay for it, but this is an either/or situation, not an "and" situation: either you refuse delivery and not pay, or you accept delivery and pay. The choice is yours.
Of course, if they are holding your money (i.e. they already cashed a check, processed a credit card, etc.), then while you should be able to refuse deliveryy and receive a refund, if this is merchandise you wanted and it's in good shape when delivered, it may be best to accept it, rather than refuse it and be left in the position of still fighting for the refund.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.