If Ireceived an unsolicited merchandise, do I get to keep it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ireceived an unsolicited merchandise, do I get to keep it?
My boyfriend ordered an iPad from a company that is not Apple, and he is to pay it off in installments. He had the transaction under his name, and he had it sent to me at my work. I received the iPad 6 days ago, and there was a paper inside the box saying that it was a gift. Then yesterday, I received another iPad in the mail from the same company without any papers inside. I know it’s from the same company because their logo was on the box. My boyfriend called the company and they said that they would call him back, but they didn’t. Am I right to keep the second iPad?
Asked on August 18, 2010 under General Practice, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The first transaction is without a doubt a contract as between your boyfriend and the company. That is not considered unsolicited merchandise. The second seems to be a mistake on the part of the company. They most likely filled the same order twice. You yourself probably figured that since you gave them a call. It may be a good idea to send them a letter informing them that "under California Civil Code section 1584.5, an unsolicited item is treated as a gift" and that you are not required to pay for it. You need to cover yourself and advise them that you did not order it and you are putting them on notice of the law. Understand that it may prompt the return of the iPad. How you proceed is really then up to you. Best to take the high road. Good luck.
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.