AmI legally responsible to pay for or return merchandisethat Ireceive from a company thatI did not order from?

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AmI legally responsible to pay for or return merchandisethat Ireceive from a company thatI did not order from?

I ordered $15,000 of product from a company, however, they shipped me $30,000 without my knowledge or authorization. Upon receiving the items I did not count everything, I simply opened my packages and used them. Now they invoicing me for double what I ordered. They have no proof that I ordered $30,000 of product. I feel this company did this on purpose to me to drive up their selling figures. I used the products not knowing all the time that I received double the amount and there is no way Ican afford an additional $15,000 payment. Am I responsible to pay for this?

Asked on September 29, 2011 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are responsible to pay for, since you opened and used the extra $15,000 of product.

If you had simply returned it immediately, you could have done so at the company's cost (i.e. they'd pay for the shipping or freight) and you would not have been liable for the order; a company cannot force you to accept or pay for products or goods you did not order simply by shipping it to you.

However, once you accept the over- or misshipment and then consume, use, and/or resell the products, you are now responsible for them: your actions both showed your acceptance of the shipment, and you were "enriched" by using the additional products, which enrichment you must pay for. You are not entitled to take and use another's products without paying for them.


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