Order a laptop from Amazon

>order a laptop from Amazon
>they accidently send two
>tell my mom I'm going to keep both
>she freaks out and says that's """""stealing"""""
>tell her I'm within my rights to keep them, it's their mistake, they're a soulless multibillion-dollar corporation that writes this kind of routine loss off as chump change, and she shouldn't lecture me about stealing when she happily picks up money that fell out of some Average Joe's wallet on the street
>"n-no, that's different!"
$800 fell out of the sky onto my lap LEGALLY AND FOR FREE and this woman doesn't want me to take it so she can play smug moraliser.

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Other urls found in this thread:

books.google.co.uk/books?id=wUHYAgAAQBAJ&pg=PA37
consumer.ftc.gov/articles/0181-unordered-merchandise
ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order
consumerist.com/2016/11/28/reminder-if-a-retailer-sends-you-something-you-didnt-order-you-can-keep-it/
postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/othertypes/UnsolicitedFraud.aspx
ftc.gov/news-events/press-releases/2016/02/ftc-files-federal-court-actions-against-two-office-supply-schemes
books.google.co.uk/books?id=zyhPAQAAIAAJ&pg=PA2058&lpg=PA2058
twitter.com/NSFWRedditImage

this is why murder needs to be legal when it's towards certain people

She's being dumb and wrong but don't fucking say that about my mom.

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You're mother's a whore who takes BBC when you're not looking and the only dick she won't suck is yours.

>don't live with my mother
>this happens
>don't have to tell anyone because i live by myself

sure is fucking swell here in adult world.

Amazon once sent me a box of 4 fight sticks instead of just one and I sent them back and got nothing. Never again

jesus user you ok? sounds like some projecting

I'm jealous, man. I'm 23 and hopefully moving out soon.

Based user standing up for his mama

Why wouldn't you just return it to get your money back and please your mom

wtf is a fight stick

WHY ARE YOU BOOING ME. IM RIGHT

this. return 1 and get a refund. keep the extra.

try google dumb normie

Wow, you're mom is extremely fucking stupid. Sorry you got stuck with her, dude.

Women are idiots and should be genocided

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put your dick in your mom and see how smug she is afterwards

Fucking thread is already on r/Jow Forums

I know this is fake but just lie and tell her you tried to return it but they didn't accept it because it was defective or something

Whoa, here's a (you) for supporting your mom user.

well i moved out on my own shortly before my 23rd birthday. the inciting incident that got me moving on it was my parents divorce, and my dad fucking his new girlfriend in the room next to mine, where i could hear everything.

Say you returned it and just hide it. Why are you even arguing with this dumb bitch

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>$800 fell out of the sky onto my lap LEGALLY
>LEGALLY

monumentally false.

I really hate the American mentality of going to bat for mega corporations as if they need help or give the slightest shit about you.

something black people use to simulate fights when they're not out in the street fighting

This is a dumb question, but how did you move out? I have zero friends or acquaintances, no car (my vision is too bad to drive), and not much money saved up. I don't know how I'd find a foothold.

Proctor and Gamble care enough about me to use child labor, destroy the planet for their palm oil plantations and tell me I'm a bad person because I looked at a woman.

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If you live in the United States, goods sent to you by mail that you didn't order legally are yours.

It's not stealing, legally, because according to federal law that laptop is YOURS. If Amazon discovered their error, they could ask you to return it, but they cannot compel you to do so, and if they brought a legal action against you they could be fined by the Federal Trade Commission.

"Send goods through the mail unsolicited / then send a bill" used to be a common scam. It was the Nigerian Prince email scam of its day. To make that scam impossible, federal law is overwhelmingly on the side of the recipient of goods by mail.

care to explain to us why you know this?

>monumentally false.

Sorry, you're wrong.

absolutely chad-level user defends his mother

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i had been working as an software dev intern for a couple months, and i recruited an old college roommate to that company too, and he was living at my dad's house with me to work that job. We were both making 10 an hour so we got a really shitty cheap apartment through trulia, and moved in together. My dad gave me my half of the security deposit as a christmas present, and i loaned my friend his half of the security deposit from my savings, which he paid me back over 3 months.

He didn't commit a crime in getting it. The company made a mistake and it is no fault of his own.
Goods that are shipped towards your house without ordering them are considered "free gifts" under the law. Nothing illegal about it.

quit the samefaggotry

>user is cares about his mom
Please tell me that wasn't a purposeful syntax mistake

Maybe those faggots on Reddit will come over here and learn to be less faggoty.

Most corporations that aren't very small bussinesses are shit and in todays enviroment you should have no loyalty or love for them. They sure as hell have none towards you or anyone else but their profits.
Fuck companies.
t. Guy who works at shitty unsafe company.

Why would you tell your mom anything about this? You should have just kept it a secret.
If you cant argue your way out of this, there is still a way for you to salvage your situation. Just hide the box somewhere around your house, take a walk ane come back and say you sent it back. Then when she is gone, take it back in and hide it somewhere.

Based

Yes, i agree. People like you should just be put to death

Shes doing it just to spite you or something. Women are strange

Actually do this. You'll have a free laptop then. Though make sure that you send back the one with the serial number that is tied to your purchase, or you wont get back your money.

but also i had some savings because i was working also as a waiter before the software dev internship started (and I continued to work there a little longer after I moved for more money). My dad bought me a car out of the college fund my grandfather made for me, so i had transportation too.

It's a little harder in your situation, i would start shopping for apartments and saving. I'd save until you have the security deposit (usually 2months rent worth) plus an additional month of rent, before you start executing your move.

>Based user defends his mother
I'm happy to see that even on r9k some people still love their mothers.

parents let me keep street signals I find on the ground to decorate my room

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Dutchfag?
Oritigu

you're a bad person and your mother sounds like she deserved something better.

I can't believe this is the kind of people I keep sharing feels and memes with every day.

sorry but, in the UK at least, that is not true.

If a trader in which you are dealing with sends you an incorrect delivery, this does not constitute unsolicited goods, since you have solicited said trader and engaged in a contract with them.

If the contract is not satisfactory for both parties, either one is well within their rights to peruse legal action. In the case of Amazon, this means they can ask for return or reimbursement of the goods they sent you erroneously, as long as it's not unfairly incurring a cost to you or anything like that.

Either way, OP is not LEGALLY allowed to keep that shit.

That's not true in the US, for incredibly obvious reasons.

>Hey, I ordered a roll of toilet paper, and you sent me a roll of toilet paper plus a Porsche. I don't want a Porsche.
>"Oh, we sent you a Porsche? Gosh, you have to send us $75,000."
>I don't want the Porsche. I'm not sending you $75,000.
>"Well, we'd take it back, but it has depreciated. You owe us $15,000 for the time you owned it. Oh, and it will cost $750 shipping for us to come get it."

Hopefully for OP's sake he lives in a civilized country and not in Londonistan with its crazy Islamic judicial system.

>it's illegal in the United Cuckdom so it's illegal everywhere
lmao you pathetic fools

>pretend to pack extra computer up
>pretend to mail extra computer back out
>extra computer is actually under bed

Not that hard user

Sure, but since I don't work for them, they have to pay me for my time.
Oh, incidentally, I won't work for less than $10,000,000,000/hr.

>order laptop from amazon
>comes with free game
>redeem the game and return the laptop

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sorry Americucks, I just looked up your laws and it seems pretty clear cut there too:

>(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest, or if the goods delivered are such that it is difficult or time consuming to separate the quantity contracted for he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate.

>(3) Where the seller deliver to the buyer the goods he contracted to sell mixed with goods of different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest or may reject the whole.

Both of these very specific rulings clearly indicate that no exception is made in keeping items erroneously delivered as part of a contract.

The same distinctions are also illustrated in this literature from the new york bar association:

books.google.co.uk/books?id=wUHYAgAAQBAJ&pg=PA37

Now you're right in saying that federal law means you can't be federally compelled to return the goods via postage at a cost to you, since laws were introduced to prevent such scams, but that doesn't mean you can't be held legally accountable for keeping the goods (damages/fines etc.)

>says mom is dumb and wrong
>gets triggered when other anons say similar shit
Hhhhhmmmmmmm realry maeks mi tink

200 iq play tbqh with u lads

That's a lawbook about international trade laws and it is the chapter about Pakistan. Are you trying to pull a fast one on us?

thats not legal dumb ass its fraud

you're a dumb ass for telling her

you also dont belong here

imagine telling your mom you stole a $800 laptop lul

I mean to be fair, it's not fraud, because OP has not lied or defrauded anyone in any way.

It's a very simple breach of contract. He entered into a contract with a seller (Amazon) and received from them goods which do not satisfy the terms of the contract. Amazon is well within their rights to pursue legal action against him, should they desire.

yes it is. its an invoice error and you kept it knowing you didn't pay for it.

It's only fraud if OP denies, when questioned, the fact that he received an extra laptop.

If he tells the truth he'll be liable for breach of contract only.

Also bear in mind if his mum rats him out to Amzon, that would make her a snitch. There's only one way to deal with that.

But theyre not going to find out. Ive had this happen to me twice with $40 items from two different websites

Actually 3 times. I ordered 4 bottles of beer and got 3 12-packs, no word. They even gave me a $10 discount for not having one of the beers.

kek my mother would have supported me completely to keep it and sell it or would have accepted it as a gift
your mother is the reason your society is really civilized

mompilled and based

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Sure, anecdotally, you're probably gonna be fine, if you ignore the ethical concerns. I don't think anyone is suggesting OP should return it desu, since Amazon is pretty gross.

However, it's just important to be aware that legally he CAN be prosecuted for this.

You just stole $800. Congrats

>being given something
>stealing
Pick one (1).

>Hopefully for OP's sake he lives in a civilized country and not in Londonistan with its crazy Islamic judicial system.
>london has different laws than the rest of england

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Surprisingly wholesome, in an original manner.

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Tell that fucking cunt to fuck off

Sorry, you're just wrong.

Business-to-business shipping disputes not involving the US mail are different.

consumer.ftc.gov/articles/0181-unordered-merchandise

Consumers who receive merchandise they didn't order cannot be charged for that merchandise.

And Amazon uses the USPS for Prime shipments in the US.

Italy actually

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extremely based wojak poster. You deserve some gbp

If you are delivered the wrong quantity of goods, that is NOT unordered merchandise.

Unordered merchandise is when goods are sent to your house without having entered into a contract with the seller (i.e. unsolicited goods).

If you have ordered something from Amazon, you enter into a contract that says you want X quantity of goods and will pay the contracted rate for them. If you receive a different quantity and do not inform the seller, you are in breach of contract.

Several articles of that same statue I quoted earlier (The Sale of Goods Act) clarify this point to the letter:

>>(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest, or if the goods delivered are such that it is difficult or time consuming to separate the quantity contracted for he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate.

This means if you accept the erroneous quantity, you contractually agree to pay the contracted cost (the value on the dated invoice) of said item.

>36 Unless otherwise agreed where goods are delivered to the buyer and he refuses
to accept them having the right to do so he is not bound to return them to the seller
but it is sufficient if he intimates to the seller that he refuses to accept them.

This CLEARLY states that you need to let them know you intend to keep the erroneous quantity of goods. And if you do, you must pay for them, or enter breach of contract.

>8(1) Where under a contract of sale the property in the goods has passed to the
buyer and the buyer wrongfully neglects or refuses to pay for the goods according
to the terms of the contract the seller may maintain an action against him for the
price of the goods.

is this a brainlets feel thread?

amazon doesn't "sell" the laptop. its the middleman.

you're probably hurting a small scale retailer..

someone might be fired when they do the accounting user. i think you should return it.

lol you cheeky devil

...why did you buy the laptop in the first place, user?

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Op I know who you are, and I literally left r9k because of you. No offense I just dislike you deeply

Ooho. OP is screwed. $800 didn't just fall into your lap, you unwittingly agreed to buy a second laptop. Hope your budget is on point, OP.

>you unwittingly agreed to buy a second laptop.
You seem to be posting with a sarcastic tone but yes, that is literally what has happened. Refusing to inform the merchant or dispose of the goods constitutes acceptance of the extra quantity, making you liable for the cost of the items.

This journal post from the Columbia Law Review write it clearly in prose:

>Section 44, as to the delivery of a wrong quantity, differs from the British Act 34 in creating a distinction according as the buyer knows, or does not know, that the seller is not going to fulfil the contract in full. If the buyer accepts partial delivery in the knowl- edge that the seller contemplates a breach of contract in respect of quantity, he must pay for the goods accepted but if the buyer has used or disposed of the goods before the con- templated breach comes to his knowledge he is not liable for more than their fair value.

>he must pay for the goods accepted

If the seller takes OP to court, he WILL lose, and have to pay the price of the laptop (plus legal fees? not sure how what the rules are in the US but that could be expensive). All these amerifat armchair lawyers that spout "I KNOE MAH RIGHTS FINDERS KEEPERS" have no fucking clue.

You're still wrong, because you insist on looking at material related to Uniform Commercial Code transactions between businesses, involving shipping and ladling.

Consumer transactions are much different.

The FTC defines unordered merchandise as any item shipped without the express agreement of the buyer.

ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order

If you expressly agreed to receive one (1) laptop, that laptop and that laptop only is ordered merchandise and anything else you receive is unordered.

The reason she doesn't want you to take it is so she can virtue signal. She doesn't give a shit if you keep it or not.

Here's Consumer Reports reaching out to the FTC for guidance on how to proceed in this exact situation.

consumerist.com/2016/11/28/reminder-if-a-retailer-sends-you-something-you-didnt-order-you-can-keep-it/

The guidance you have linked does not states anything about a seller shipping the incorrect quantity of goods, nor does it stipulate that excess quantity constitutes "unordered goods"

On the contrary, The Sale of Goods act has specific stipulations that cover quantities above what was agreed, and the legal ramifications as such.

The law does what it says, not what it neglects to say. The extra goods must be rejected else the contract is breached.

Again, that FTC guidance specifically only protects you in the sense you cannot be legally compelled to return the goods.

It does not protect you from chapter 4 of the sale of goods act, which specifically states that if the seller delivers a quantity of goods higher than was agreed, you must reject them or be liable to pay for them.

Understand that this is NOT the same thing as Unordered Merchandise, since you did order the merchandise; the law does not give a stipulation for quantity in its definition. The FTC rule protects you from being compelled to return the erroneous quantity (at your cost), but not against being liable for choosing to accept the extra goods.

If you actually read those consumerist articles you linked, firstly they provide no legal precedent so they are complete hogwash, but the advice given in the articles for the case studies they provides states in almost all of them that the consumer should contact the seller to let them know. Even they acknowledge that the seller could initiate legal proceedings against the buyer if they chose to accept the goods.

Now, if OP's invoice says 1 laptop and he has 2, then there is no paper trail to suggest that the laptop ever existed, so you might win a court case in that situation unless they had solid evidence that they shipped two laptops.

Very good user. This board needs more people like you. You've passed the test, you're now a respectable user

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The Sale of Goods Act is a UK act which has absolutely nothing to do with the matter at hand.

Here's the US Postal Inspection Service specifying in greater detail:

postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/othertypes/UnsolicitedFraud.aspx

> In all other situations, it is illegal to send merchandise to someone, unless that person has previously ordered or requested it.

OP explicitly ordered one, and only one, laptop.

>39 U.S. Code 3009
>For the purposes of this section, unordered merchandise means merchandise mailed without the prior expressed request or consent of the recipient.

OP expressly consented to the shipment of one, and only one, laptop.

If Amazon now sends him a laptop a day every day for the next year...they are shit out of luck. This may not be the way it works in England, but England is a fag country.

>but the advice given in the articles for the case studies they provides states in almost all of them that the consumer should contact the seller to let them know.

The advice given to those who have guilty consciences is to write a letter to the seller informing them of the situation and expressly retaining the right to keep the merchandise.

You're expressly retaining the right because the seller's failure has given you that right.

You may believe that this situation is not the one that the unordered merchandise rule was designed to cover, but that doesn't matter. The rule was written broadly because a more narrow rule that provided Amazon any protection in this situation could be easily exploited by unscrupulous sellers.

In fact, over the last ten years in the US this law has been most commonly evoked to punish sellers of office products, who would use an existing business relationship with a buyer to send unsolicited additional merchandise, with invoices, in the hope that offices on autopilot would just pay the invoices.

ftc.gov/news-events/press-releases/2016/02/ftc-files-federal-court-actions-against-two-office-supply-schemes

There are pages and pages of these enforcement orders, due.

>The FTC rule protects you from being compelled to return the erroneous quantity (at your cost), but not against being liable for choosing to accept the extra goods.

No, that is not what the rule says. The rule says that any item you receive that you did not order you are entitled to treat as a gift.

If the FTC rules were the only applicable laws, why do states have specific statues for dealing with delivery of unintended quantity?

e.g.y Wisconsin:

books.google.co.uk/books?id=zyhPAQAAIAAJ&pg=PA2058&lpg=PA2058

I had this happen to me once only instead of a laptop it was PS4s.
I kept one for me and gave the other one to my nephews. They think I'm the most based uncle in the world now.
Sasuga, Walmart.

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>If the FTC rules were the only applicable laws, why do states have specific statues for dealing with delivery of unintended quantity?

Because the states like to get kicked around?

FTC enforcement against "unfair trade practices" enjoys superior preemption against state statutes.

If this matter had arisen between two Wisconsin businesses, neither of whom was engaged in mail order, telephone or internet sales, and the goods were produced, shipped and received entirely within Wisconsin, it might end up settled under Wisconsin law. But that's not what's happening in this situation.

sell both laptops and get yourself a gaming pc

based user defending his meal ticket

You can keep both, otherwise fuckers will just mail you shit and have the law force you to pay to ship it back

this guy said what I just did much more eloquently, I'm to lazy to delete may part