Legal Question in Credit and Debt Law in Virginia
When a company sends you something you did not order do I have a legal obligatio
I odered 1 computer they sent me 3 thur no fault of my own. I have a reciept for all 3 marked paid this not a bill,for each one seperatly.They have sent letters which states that I may owe on these computers but always in the letter theres a bill marked paid, somewhere in the corespondence
2 Answers from Attorneys
Re: When a company sends you something you did not order do I have a legal oblig
What Dan Hawes sent to you is indeed the law, but it is not the law applicable to your situation, since you did order one and they sent 3 by mistake (they did not send you the extras trying to sell them to you on approval, which is what that law covers). You do have a legal obligation to return (at their expense) the computers that were erroneously sent you to you. You have no obligation to pay for them unless you want to keep them.
Re: When a company sends you something you did not order do I have a legal oblig
I note that you asked a legal question, not a moral question, so I do not address the issue of whether you SHOULD send them back. And I answer the legal question by quoting the Contracts title from the Code of Virginia verbatim, of which you may make what you will:
� 11-2.2. Unsolicited goods deemed gift to recipient.
"If any person,
firm, partnership, association or corporation, or any agent or employee
thereof, shall in any manner or by any means offer for sale goods, wares
or merchandise when the offer includes the voluntary and unsolicited
sending of any goods, wares or merchandise not actually ordered or
requested by the recipient, either orally or in writing, then the sender
of any such unsolicited goods, wares or merchandise shall for all purposes
be deemed to have made an unconditional gift to the recipient thereof, who
may use or dispose of such goods, wares or merchandise in any manner he
deems proper without any obligation to return the same to the sender or to
pay him therefor."
Related Questions & Answers
-
Liens What is a Lien and what does it mean? Asked 3/20/00, 3:26 pm in United States Virginia Credit, Debt and Collections Law