What Is Reasonable When Returning a Mistakenly-Delivered Parcel to Sender?

LDognosis on 07/03/2022 - 16:59

Hello Ozbargain!

Appreciate anyone's input on the following situation:

I received a delivery of a deal item (chair) found on this very site. However the courier left two boxes instead of one and on closer inspection it was clearly duplicate deliveries of the same item to me (so two chairs). — Just to clarify, I did NOT knowingly sign collection of two chairs, but rather the courier buzzed my apartment then quickly left. So by the time I collected them and realised they were duplicates, he was long gone.

I told the sender/company about this and they are going to pick up the duplicate item. The problem is that they are not able to do this at a specified time. They just want me to stay at home all day to await the collection between 9-5 on a weekday. This seems unreasonable as it puts me out and losing a day of work because of their mistake.

Is it fair that I push back against this or am I in the wrong?

A few more details: the parcel is big and heavy so not easily moved, and doesn't fit in my car.

Cheers!

General Discussion

Comments

  • bobbified on 07/03/2022 - 17:04
    +10

    They just want me to stay at home all day to await the collection between 9-5 on a weekday. This seems unreasonable as it puts me out and losing a day of work because of their mistake.

    Did you actually tell them what you're telling us?

    • Dognosis on 07/03/2022 - 17:11
      +2

      I suggested a couple of hours when I am usually at home (before 10am) that they could pick it up, but they said they cannot be that precise with timing.

      • bobbified on 07/03/2022 - 17:13
        +60

        And did you tell them that you can't do that either? You've got the upper hand here. If they're not willing to be flexible, tell them you'll leave it outside and if it disappears, it's not your problem.

        • Dognosis on 07/03/2022 - 17:17

          Well the back-and-forth is ongoing, but yes I have said as much.

          I worry if I just abandon it then I will be held liable.

          I think legally I am supposed to 'reasonably' facilitate their collection of it, but what is 'reasonable' is not defined.

          • bobbified on 07/03/2022 - 17:22
            +30

            @Dognosis: By trying to negotiate with them in good faith, you're already being reasonable. Being reasonable is a two-way street.

            I worry if I just abandon it then I will be held liable.

            I wouldn't bother doing this myself, but if you're worried, write them an email saying that, since you can't come to an agreement, you're going to leave it in the foyer on whatever day and you take no responsibility for it if it goes missing.

          • Nugs on 07/03/2022 - 17:35
            +25

            @Dognosis: Missing work is not reasonable
            .

          • Scrooge McDuck on 08/03/2022 - 11:30
            +40

            @Dognosis: So you tried to do a good deed and got screwed. I learnt this lesson the hard way too. You may need that spare if the other is faulty.

            Next time, feign ignorance.

            Bank error in your favour. Collect $200.

          • gromit on 08/03/2022 - 16:32
            +1

            @Dognosis: reasonable is terms that don't put you at a disadvantage or cost. Staying home all day to wait for them is NOT reasonable, you are within your rights to say here are the times I can be home or I can leave it outside as long as they accept the risk, it is up to them to make that work.

  • skid on 07/03/2022 - 17:05
    +3

    Can you leave it outside next to your front door? Will it be out of the weather? No one will steal it if it is bulky.

  • Dognosis on 07/03/2022 - 17:12

    I live in a secure apartment building, so they need a key to come into the lobby area. The outside door just opens onto the footpath so is not very safe

    • skid on 07/03/2022 - 17:16
      +4

      In that case, push back until the courier can give you a date.

    • popsiee on 07/03/2022 - 17:17
      +4

      Put it in the underground storage area .
      Every one seems to find there way there ( thieves favourite picnic grounds ) .

    • brendanm on 07/03/2022 - 17:38
      +8

      Are you serious?

      • [Deactivated] on 07/03/2022 - 17:41

        Yes.

        • brendanm on 07/03/2022 - 17:42
          +4

          So, op should work from home, possibly putting both himself and his workplace our, because of someone else's stuff up?

          • [Deactivated] on 07/03/2022 - 17:50
            +3

            @brendanm: You do know that people have been working from home for the past 2 years & some continue to do so - it's not such a rare thing.

            If OP WFH in any case and probably may have to receive the initial delivery then just nominate the next WFH day for the courier to pick up.

            • brendanm on 07/03/2022 - 18:38
              +9

              @[Deactivated]: Op has already stated they are not at home all day.

            • chris666 on 09/03/2022 - 10:32

              @[Deactivated]: Not everyone works in an office…

              • [Deactivated] on 09/03/2022 - 10:51
                +2

                @chris666: I never assumed they did which is why I asked the question … seems to have triggered some folks here

                • Qazxswec on 09/03/2022 - 14:41
                  +2

                  @[Deactivated]: yeah but if you had read the post properly you would of quickly seen that the OP cannot be home between 9 & 5 which means they obviously can't WFH which makes asking the question in the first place redundant, i reckon your one of those people who only quickly scan through instructions then think there is something wrong with the product until you finally re-read the instructions carefully and properly, then figure out where you went wrong, please do not operate any complicated or heavy machinery, thankyou

                  • [Deactivated] on 09/03/2022 - 15:04
                    -3

                    @Qazxswec: How sad …… SOOOOOO triggered by a change in a McDonald's sauce recipe

                    • Qazxswec on 09/03/2022 - 15:38

                      @[Deactivated]: i don't think you quite understand what triggered means

                    • Qazxswec on 09/03/2022 - 15:41

                      @[Deactivated]: its nice to see how triggered you get by people calling out your stupidity though, haha, it really gets to you doesn't it, it's going to be alright, in the future though, just read the info first, don't worry, sometimes i skip over important information too

                      • Qazxswec on 09/03/2022 - 15:43
                        -1

                        @Qazxswec: P.S Bring Back the Sweet n Sour!

                        • [Deactivated] on 09/03/2022 - 15:54

                          @Qazxswec: ha!

                      • [Deactivated] on 09/03/2022 - 15:53
                        -6

                        @Qazxswec: Well done you! Your stupidity so obviously reigns supreme by replying to yourself!

  • Seraphin7 on 07/03/2022 - 17:21
    +44

    They just want me to stay at home all day to await the collection between 9-5 on a weekday.

    No way. Offer them a one hour slot, otherwise you're happy to leave it outside your front door (at their risk) and they can collect at their convenience.

    Alternatively, you are available for a fee of $110 per hour, plus GST to sit at home and wait for them to turn up.

    • jaejae69 on 07/03/2022 - 19:20
      +19

      Minimum "call out" fee of 4 hours of course.

    • BartholemewH on 08/03/2022 - 20:03
      +3

      Don't bother registering for GST for this OP, your turnover won't meet the threshold.

      • ialam99 on 09/03/2022 - 06:08
        +3

        I think the GST being refered to above is the grog and spirit tax, not the goods and services tax that you're thinking of.

    • Qazxswec on 09/03/2022 - 14:45
      -1

      This reminds me of the Seinfeld episode involving Kramer & the Cable Guy

  • illogicalerror on 07/03/2022 - 17:33
    +26

    Meh, I would have just kept the extra chair until\if they came looking for it.

    Let them chase you (now you've started the chaos), ball in their court. Give them a time window that's convenient for you, be there, if they miss it that's it. Don't follow them up if they miss, not your problem. They can contact you and book another time that's convenient for you.

    • [Deactivated] on 07/03/2022 - 21:40
      +1

      It's huge and they don't want it. Leave it outside where they left it, and tell them to come and pick it up.

  • Jimothy Wongingtons on 07/03/2022 - 17:59
    +9

    If you feel inclined to return it out of honesty just leave it at front door with photographic proof it was left there. What happens after that shouldn't be your concern as the original courier obviously did not collect a signature and was happy to ATL it.

  • Donaldhump on 07/03/2022 - 18:35
    +2

    just work from home, or if you cant do what common sense leans towards and tell them to come get it when your home, no ifs or buts, its not your problem to wait at home.

  • garetz on 07/03/2022 - 19:19
    +2

    Just tell them unfortunately that does not suit your schedule and is outside of your control then and you cannot return it.

    • uzz30 on 08/03/2022 - 13:22

      Actual facts. Deserves more up votes

      • pennypacker on 08/03/2022 - 14:33
        +1

        Facts usually receive downvotes on here, unfortunately.

  • AustriaBargain on 07/03/2022 - 22:25
    +6

    Leave the chair. Take the cannoli.

  • PissLUR on 07/03/2022 - 22:41
    -3

    I think you will need to go all out since you have already started it.

    • SierraBMel on 09/03/2022 - 20:03
      +1

      This is clear unsolicited supply of a product or service. ACCC guidance is very clear that you are not required to pay for the products or services, you are not liable for any loss or damage resulting from a supply of unsolicited services, if you contact the business in writing, expressing that you do not want the products, then the business should recover the products within one month, If you don’t contact the business, then the business may recover the products within three months from the day after you received the products. you cannot unreasonably refuse to allow the supplier to recover the products. you may be liable to pay compensation if you wilfully damage the products during this period. If the supplier does not collect the unsolicited products within the above timeframes, you can keep the products with no obligation to pay.

      The only bit of this remotely in question is what constitutes an unreasonable refusal to allow the supplier to recover the product. OP cannot reasonably transport the item to a post office or something, and has offered a window of availability for the vendor to collect the item without the OP incurring costs. If the product cannot be left unattended for collection and the vendor can’t comply with the pretty reasonable window offered by the OP - it’s on the vendor to compensate OP for time taken off work.

      If OP straight doesn’t want the thing and vendor refuses to cover time off work or show up to collect the item, there's might have reasonable grounds to take the vendor to small claims for disposal costs. Alternately a month after notifying the vendor of their error, if they haven’t made a reasonable effort to collect the thing, or make it possible for OP to return the thing without being unduly inconvenienced by their error - it becomes OP’s to keep.

  • [Deactivated] on 07/03/2022 - 22:44
    +7

    it's ridiculous that they want you to wait at home all day to rectify their mistake. a lot of people wouldn't have bothered telling them about their mistake and just kept or sold the second chair.

    if they aren't willing to work around your schedule, then screw them. leave it outside and let them know or sell it and say you left it outside but someone must have taken it, you tried being reasonable and they gave you the runaround.

  • KSMLJ on 07/03/2022 - 22:47
    +2

    The phrase 'Not my circus, not my monkeys' comes to mind.

  • Nutrino on 08/03/2022 - 05:47
    +12

    Why even bother informing them about the dup? .. you just created work for yourself now. Good luck

    • Rayzorback on 08/03/2022 - 11:03
      +5

      Exactly, OP just got a 2 for 1 bargain and wants them to take 1 back 😂

    • imurgod on 08/03/2022 - 14:33
      +3

      Honesty is always the best policy

      • Rayzorback on 09/03/2022 - 17:10

        sometimes yeah, but not this time

    • [Deactivated] on 09/03/2022 - 20:11

      So your conscience is worth the value of 1 chair. That's pretty affordable.

  • BobD on 08/03/2022 - 07:35
    +4

    You have made them an offer and they can't or don't want to do it so just go quiet and let them make the next move. They probably won't bother.

  • Alan6984 on 08/03/2022 - 08:29
    +12

    This is what I have done in a similar situation:

    1) I told them they could collect it within a specific time / date and gave them three options (IIRC) - this is reasonable in my opinion (they, or their agent, being the delivery driver, made the mistake in the first place).

    2) They said they could not guarantee what time it would be - can I be there all day (this is not reasonable in my opinion).

    3) I said no - and offered them now one (only) specific date / time for them to collect (they have already tried to be unreasonable, so it seems okay to me to push back). I asked them to confirm that they would collect in that time.

    4) They confirmed.

    5) I re-confirmed with them, and added that, if they did not collect in that time window, I would invoice them for an hour (IIRC) of my time at my normal charge rate (I am a consultant, so easy for me to know a rate and to invoice them - if you are an employee work out your hourly pay rate perhaps - it probably doesn't matter as you aren't going to get paid it, but be reasonable). If / when they paid the invoice, then we would be able to re-arrange another date / time for them to collect.

    6) They never showed up, so I sent them an invoice, and never heard anything back. I kept the goods safe for maybe six / twelve months, then sent a final email saying that I would be disposing of the goods (I actually kept them, but whatever), and never got a reply to that.

    I have no idea what the legal situation was / is, but I was comfortable that I had been reasonable, and that it was never going to be worth them pursuing anyway, especially with an invoice for my time in the mix to argue over.

    HTH,

    Alan.

    • bxpressiv on 08/03/2022 - 08:51
      +11

      That's fine- for unsolicited goods you only need to give them 30 days to collect if you provide them with written notification or 90 days if you don't. You don't need to go to a post office or drop it off at a store, it's their responsibility to collect.

      I ended up with a free tablet from Optus due to this reason- just copy and pasted parts of the legislation. They tried to bill me/credit default me about 12 months later but it was easy to get sorted because I had the appropriate legislation and supporting documents. The bigger the company the less likely they will have anything in their playbook to collect a return. If it's small business I wouldn't play hardball but I've been screwed enough by these large corporations it's nice to get one back.

      • suzley on 08/03/2022 - 09:51
        +2

        The delivery of the second item was unsolicited.

  • Ozpit on 08/03/2022 - 09:56
    +1

    What’s the $ value of this chair that’s already taken a good slice of your life?

  • MontyMacaw on 08/03/2022 - 10:27
    +2

    If it was stock held by Amazon in their warehouses they would just dump it because it’s not economically feasible to return it. I’d take that stance and say it can be picked up on this day at this time or I’ll dispose of it. You bought it as a bargain. If you are not reimbursed for their error then it’s their loss. They can figure out what to do and you can get on with your life. Disposing of it on Scamtree would compensate you for all the stress it has already caused.

  • popsiee on 08/03/2022 - 10:36

    Maybe OP should have kept his trap shut and waited to see if they contacted him .
    Then its your choice donate it to charity ( if your an angel ) or like most people just keep it .

    • [Deactivated] on 08/03/2022 - 12:12
      +3

      the right thing to do with a mistake like this is let them know, and if they are good people then they will go out of their way to rectify their own mistake (and thank you for letting them know), not expect others to do it for them. if they show (as they have) that they are lazy pricks, then that is when you can sit back and enjoy your new chair, or sell it.

  • 82norm on 08/03/2022 - 10:57
    +1

    I admire your honesty, but you’ve created a rod for your own back. Just stop any future comms with them. If they ask about the chair, just play ignorance and say you left it outside as per agreement. They’re not going to dispute this or investigate it further. If anything they have to deal with the other person whose waiting for their missing chair!

  • meong on 08/03/2022 - 11:18

    Is this chair from Ergotune? I can see past comments about poor courier company being used for this….

  • trapper on 08/03/2022 - 13:01
    +1

    Just tell them you will leave it out the front, exactly where the courier dropped it off in the first place.

  • Kooratz on 08/03/2022 - 13:20
    +4

    Give me the address, leave it outside, I'll sort it out for you :)

  • idonteven on 08/03/2022 - 13:43
    +3

    I can't believe this is actually a post lol.

    • gimli on 08/03/2022 - 19:39

      agree.
      the only question perhaps is what a reasonable delivery/pick up window would be.

      But even then lol

  • Miss B on 08/03/2022 - 18:09

    The company should be able to get the courier to pick it up and deliver it, as they should have in the first place, without inconveniencing you. They're harassing you when it's the courier that's made the mistake. You said you let them know when you're available, it's up to them to figure it out with the courier now.

  • Hall-fg on 08/03/2022 - 20:16

    Simple - ask company to organise courier.
    You advise a time of availability and date of availability for courier. Advise if they fail to collect at said date/time this will be left outside. Have them respond in 5 days. If after 5 days just leave outside and leave the rest to them. Done.

  • JD9151 on 08/03/2022 - 21:32
    +2

    You weren't even obligated to contact them, the business should work out on their own time if they have stock missing. Totally reasonable not to make any contact with them unless they knock at your door and want the product back (within the 3 months)

  • 91rs on 08/03/2022 - 22:23
    -1

    Take it to work if its packed up and a reasonable size, have collection from work?

    • cute as duck on 09/03/2022 - 07:37

      Except

      A few more details: the parcel is big and heavy so not easily moved, and doesn't fit in my car

  • JKW on 08/03/2022 - 23:37
    +3

    Grow some balls and give them an ultimatum to pick up their chit to when it suits you not them.

  • lint on 09/03/2022 - 10:11

    I think you've done the right thing. At most say if they can't come at a time I can work with, I can leave it outside for them to pick up but I have no liability for the item getting picked up and returned rather than going missing.

    You shouldn't have to skip work or whatever to ensure they get it back.

  • Domingo on 09/03/2022 - 13:26

    It could be fun to book in a hard waste collection, let the company know that it's a race between them and the hard waste guys on the date of collection, put it out on the nature strip that morning and never think about it again.

    Honestly though you've let the company know their delivery person/courier made a mistake and any resolution of the issue should be at your convenience. If that means they need to go outside of their standard returns process to rectify the error (to get a pickup at a specified time or after hours), that is their issue, not yours. If the value of the item is sufficient they'll go through the cost and effort to retrieve it. If not, they'll likely write it off.

    It wouldn't surprise me if they came back and asked you to pay a discounted amount for the second one if they decide not to collect it. If that happens, you should refuse as it is just them trying to cover their costs.

  • dogboy on 09/03/2022 - 13:52

    Just tell them you will leave it outside where it was delivered to you. If it is still there when they come to collect it then great but otherwise not your problem.

  • Dognosis on 09/03/2022 - 14:27
    +7

    Thanks for everyone's input on this.

    I enjoy some of the ballsy suggestions here but I did wanna make sure I do the 'right thing' because if I went out of bounds, they have my card details, and I don't want the hassle of trying to get money back. The chair was about $350.

    My stance now is to stick to my guns with my availability as the consensus here seems to be that I am not obliged to inconvenience myself. I Haven't got any replies from them lately. If I lived in a smaller town and was dealing with a small business I would feel more willing to help them out. But the race-to-the-bottom that characterises most big business nowadays makes me pretty sure that I have wasted more time thinking about this issue than the chair company has.

    Cheers!

  • heysoph9 on 09/03/2022 - 15:13
    +1

    I remember looking this up once, if the company does not request the item back within 3 months, it becomes your property. (correct me if that's changed).
    Had a duplicate order come to me once and just sat on it for a while, some good cosmetics for me 3 months later when no one came looking for it.

    • Technics on 09/03/2022 - 21:26

      While IANAL, the common law requirement to act in good faith is older than dirt. You may well have been okay (as in got away with it) in that particular instance but demonstrating that you were acting in good faith would probably involve making contact with the company when an error like that occurs. That's if push came to shove. It would probably need to involve items of significant value to actually come to that. Of course there's also moral principles involved. For people with that sort of inclination at least.

      Most internet opinion on the subject seem to be based on the age old schoolyard law principle of finders keepers but I'm not so sure it has a lot of recognition in the formal legal system yet.

      In the case of OP, clearly they have acted in good faith by contacting the company involved. I don't think being expected to allow them to pick up the chair at their convenience is reasonable though. I'd simply tell them that you aren't willing to offer such a service and that it would have to be at an agreed time.

  • gee-man on 09/03/2022 - 23:47

    Switch your communications with everyone involved to email. That way you’ll have a paper trail in case anything happens in future, and will make it much much easier if they try to charge you or take other actions.

    CYA!

  • 82norm on 10/03/2022 - 10:57
    +1

    Can we have a picture of this chair, just to see what the fuss was all about.

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