Can I consider merchandise shipped 30 days after the order was cancelled to be unsolicited merchandise?

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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 10 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.


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