#41
(09-24-2016, 11:15 PM)grim Wrote: the person exercises control over property of another person which the person knows ... to have been delivered under a mistake as to the ... value of the property,

Nothing to do with identity. It can be addressed to you but you KNOW the value is not zero.
How does the recipient know it was delivered as a mistake and not intentionally? The original poster emailed the sender and received no response. That indicates that the sender is unwilling or unable to accept any returned items, or does not care one way or the other. That would make the "gifts" a PIF, would it not?

Quote:You know when its not yours.
How? In some cases, it is clear, but that might not always be the case. In times past, some shady businesses would send unsolicited orders to people and then bill them, as you noted. Obviously not the case here, as the sender did not even ask for payment, but the recipient has done all that can be reasonably expected.

BadDad likes this post
#42

Member
Detroit
This is getting ridiculous...

Matsilainen, Rebus Knebus and Tbone like this post
- Jeff
#43
(This post was last modified: 09-25-2016, 05:43 PM by grim.)
(09-25-2016, 03:02 AM)Tbone Wrote:
(09-24-2016, 11:15 PM)grim Wrote: the person exercises control over property of another person which the person knows ... to have been delivered under a mistake as to the ... value of the property,

Nothing to do with identity. It can be addressed to you but you KNOW the value is not zero.

How does the recipient know it was delivered as a mistake and not intentionally?  

Common Sense. If you get some samples, you know its intended. If you get a $100 item, you know its a mistake.


(09-25-2016, 03:02 AM)Tbone Wrote: The original poster emailed the sender and received no response.  That indicates that the sender is unwilling or unable to accept any returned items, or does not care one way or the other.  That would make the "gifts" a PIF, would it not?

That falls under making a "reasonable" effort to return it. You know the sender. Call them. If they don't answer AND do not respond to email, then IMO (IANAL) common sense would seem to indicate they don't care.

(09-25-2016, 04:25 AM)wyze0ne Wrote: This is getting ridiculous...

Yes. Its common sense.

You KNOW FULL WELL that if you receive some few dollars sample its a gift. OTH if you receive two of an item or something expensive, somebody made a mistake.

State laws vary. Read your state law. State law has NOTHING to do with the FTC.
#44
(09-25-2016, 05:42 PM)grim Wrote: That falls under making a "reasonable" effort to return it. You know the sender. Call them. If they don't answer AND do not respond to email, then IMO (IANAL) common sense would seem to indicate they don't care.
Not all vendors provide phone numbers. Sending two or three emails should be more than sufficient. Besides, if the OP doesn't want the cologne, he can always ship it back to the return address COD.

(09-25-2016, 04:25 AM)wyze0ne Wrote: This is getting ridiculous...
Or perhaps just plain silly.
#45

Administrator
Philadelphia, PA
I agree, it is getting to be a bit much.

OP,

I'd probably keep the items myself, especially if the merchant isn't getting back to you. if you're really concerned, call your local USPS to see what they say regarding items being delivered that weren't ordered and the merchant isn't getting back to you.
Tu ne cede malis, sed contra audentior ito.


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