Question for you folks

I sent emails before I don't think I'm am going to waste anymore time on this. If they want to send free stuff by all means go ahead they obviously don't reply to emails that's on them. I'll let everyone knows when it arrives.

There is a new invention that replaced email.

They call it a t e l e p h o n e.  If you use it you can speak to a real person and ask them

I think you've gone above and beyond in contacting them and trying to do the right thing. FWIW, you are under no legal obligation to return something you didn't order-it's deemed a gift under the law. Ethically, I would want to return them, or at least find out if they were intended as gifts to make up for the last snafu. IMO, you tried to do the right thing, so at this point, I think you can enjoy your gifts.

They would actually need to answer the phone for that method to work unfortunaltey i have tried that before even leaving messages.

I sent emails before I don't think I'm am going to waste anymore time on this. If they want to send free stuff by all means go ahead they obviously don't reply to emails that's on them. I'll let everyone knows when it arrives.

There is a new invention that replaced email.

They call it a t e l e p h o n e.  If you use it you can speak to a real person and ask them

These days, email is a perfectly acceptable form of communication.

Actually, if the package is addressed to you, and you never requested said package, the shipper has no legal recourse for recovery. Their mistake is your fortune. You just need to be certain you never signed up for something or requested something, because at that point you would have entered a contractual agreement... You know those little "I accept the terms of service" boxes we all click without reading...

But a truly unsolicited package addressed to you is yours. Legally it is considered a gift as it was intentionally shipped.

This situation might differ only in that the receiver actually placed an order and entered into a contractual agreement. The wrong contents are then deemed an error, unless the seller indicates otherwise. At that point, legally, a seller has a reasonable chance of recovering costs for the error, but it could be argued successfully by a good lawyer on either side, which is why most merchants will simply tell you to keep the product. Legal fees would be higher than the cost of goods in most cases.

Now...if a package comes to your address but with someone else's name, you ARE legally obligated to make every reasonable effort to locate the recipient or the shipper and return the item to its rightful owner.

The difference really comes down to whether it can be determined to be an error or a gift.


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I get small free samples but when your awarded three EDT valued at $125 a pop that isn't free and to make matters even worse I judged received an email saying I'm getting another EDT which is sold out on the website for $0 I'm so sadly confused on what's going on. Is some pranking me here?

OK, that makes more sense, and no, for-profit businesses aren't in the habit of pranking people. It sounds like the his shopping cart or some other part of the online ordering system is totally haywire. Setting up an online store and running it profesionally is the seller's responsibility. That includes the ordering and billing part, as well as timely responses to emails. There really isn't anything more you can do, or should be expected to do. IMHO, you are therefore well within your rights both morally and legally to keep whatever he sends your way. All kidding aside, I would keep the stuff under such circumstances. You tried to do the right thing and were ignored, so you can keep the freebies with a crystal clear conscience.

I ordered a straight razor and a nylon strop component from a gentleman(RocTraitor, Sam Sylver on etsy) on Reddit. Today I received the box with razor and strop. He, mistakenly shipped a full strop set (leather + nylon) with the razor. I contacted him asking which one he prefers: 1) I can send him the leather component back with two razors I will soon be sending out to him for honing. 2) I can pay for the leather component.

Even though you are not legally obliged to pay for something sent if you did not request it, I think you did the right thing by notifying him of the mistake. At least this is a seller who runs his business in a professional manner and responds to emails.

First question he asked was whether I received the 'thing' I asked for. (he has a regular nylon strop and this new improved nylon part which I asked). Then through some question/answer we verified that I got what I asked for plus something. He said I should keep the leather strop and don't worry about it (I don't feel good about free stuff, but I will respect his decision). I was already a fan of his work, now I have become a guaranteed return customer.

Good karma for doing the right thing + great customer service = An excellent outcome

.if a package comes to your address but with someone else's name, you ARE legally obligated to make every reasonable effort to locate the recipient or the shipper and return the item to its rightful owner.

There are two (IANAL) different level of laws involved here, federal and state. Federal cares about interstate commerce, transportation, and communications. The FTC has declared that packaged delivered unintentionally can be considered a gift AS FAR AS THE FEDS ARE CONCERNED. This is because unscrupulous companies would mail out material then send a bill when the consumer ordered nothing. This is consumer protection.

State laws differ. You need to look up YOUR state law but many say something like this http://law.justia.com/codes/delaware/201...ection-842

A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property to its owner


In other words, it does not matter if it was mailed out as a mistake. You MUST make a "reasonable" effort to return the property. In this case, you KNOW the owner and  you KNOW it has value, which is not zero. It would be no different if they charged you $10 for a $20 item. You must pay them another $10 as that would be a mistake in value. In practice, they might say keep it, but you still must make the effort. If you don't believe me, try this where the article clearly shows how the "finders keepers loser weepers" can get you charged with theft. Whether or not they would actually do that is moot.

Banks - my original example, fall under federal laws. They WILL come after you.

The law you cited explicitly states that it must be known to belong to another person, which is where the name on the package comes in to play.

If it is unsolicited and addressed to you, this aspect of the law is satisfied. This applies in almost all states.

If someone else's name is on the package, than it is know to belong to someone else, and assumed to be sent to your address in error.

I have yet to encounter a state law that indicates an unsolicited package addressed to you requires a reasonable effort to find the owner. It is almost always assumed that with your name and address, you are the rightful owner, even if you have never ordered or asked for the package.

I'm not a lawyer so it is always good to verify it with your local post office, but very few places will consider a package addressed to you as a mistake...

"Finders keepers" has nothing to do with it when it is delivered to your house, but especially so if your name is on it...


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I have yet to encounter a state law that indicates an unsolicited package addressed to you requires a reasonable effort to find the owner. It is almost always assumed that with your name and address, you are the rightful owner, even if you have never ordered or asked for the package.

This is one example, read it carefully.


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.

There are many examples, each one worded a bit different http://kslegislature.org/li_2012/b2011_1...58_0002_k/

"Theft of property ... delivered by mistake is obtaining control of property of another by a person who:
(1)Knows or learns the identity of the owner thereof;
(2)fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake"

Nothing about mistaken identify.

I could go on and on and find many states with the same wording but its usually mistaken identity OR mistaken mistaken value OR in the case of KS above, nothing at all about identify or value.

You know when its not yours.

If a package is correctly addressed to you, there is no mistake. That is how the law interprets it. That's what an address is...the intended recipient.

If the name or address are wrong, it is a mistake, as there is a discernible error in the intended recipient. Your name, my address...there is an error, and I need to find you or the shipper.

It's really a lot simpler than you are making it. If it says your name and your address, someone intentionally sent it to you. That is not a mistake. That is a delivery. The odds against the recipient name and address being wrong, but correctly associated, are astronomical.

For example--

I came home from work one day and there was a box on my front porch, with my name and my address. There was no return address. I opened the box and there was a handwritten note that said simply, "ENJOY!". Said box was full of soaps and a couple of splashes from a completely unknown, unsolicited source.

Now...you tell me exactly how any court could make the remote determination that this package was not intentionally sent to me. There is no legal argument against that package being mine. It was sent to me.

Identity is the entirety of the law. The "owner" of the package is identified in the "ship to" address. If the name and address are both mine, the package is for me.

The law is really that simple. If the name and address on the package both belong to me, so does the package, regardless of whether it is expected or not.