Company Wants Product Back One Year after Incorrect Delivery

whytd on 11/04/2024 - 13:34
Last edited 11/04/2024 - 16:21 by 1 other user

Hi all, I ordered a large item from a big company ($200 Billion + net worth) in February 2023 which had an ETA of three weeks for delivery.

Three weeks rolls around, and I get an email stating there is a delay. Late March, I notice the order was marked as complete - despite not getting any tracking number or receiving the product. The company stated it was a glitch and someone would contact me within two weeks.

Two weeks later and with no contact or movement of the order (now five weeks overdue) I disputed the charge with PayPal and received a refund and bought it elsewhere. Mid April I get a surprise knock on the door by AusPost with the product. I accepted delivery, despite originally thinking I should refuse it.

I was apprehensive that given the order had already been marked as “complete” and the extremely poor communication to date - I’d be accused of it being delivered despite sending it back.

Within an hour I contacted the company, who said they will organise someone to pick it up. I got the same email which said a delivery company will be in contact, four days in a row. I put the item away in the garage, and completely forgot about it because of a family death around that time.

No one ever called me or contacted me - until nearly one year later. I know in the case of unsolicited goods - the company has three months to retrieve them otherwise you can keep it.

Should I return the product given the length of time that has passed? Or am I legally allowed to keep it given no one ever attempted to get it back within a reasonable amount of time?

General Discussion

Comments

  • RandomNinja on 11/04/2024 - 13:40
    +179

    'I'm sorry, I assumed you no longer wanted it back after waiting months for someone to pick it up. I have since disposed of it'

    • JDMcarfan on 11/04/2024 - 13:45
      +12

      case closed

    • whytd on 11/04/2024 - 13:47
      +2

      Yeah I think this is the approach I might have to take.
      I’m not sure if I have legally am responsible for payment though.

      • barge-in hunter on 11/04/2024 - 14:47
        +62

        Reply with an invoice for storage.

        X weeks @ y per week = magically the cost of the item plus 20%

        • DefariumZ on 12/04/2024 - 11:12
          +9

          Surprisingly things like this help - it's sometimes good to be a pain in the ass when it counts!

          I've heard of similar charges back, someone in accounting looks at it and goes "too hard basket"….unless their head office is based in a specific country that doesn't give a crap about Australian consumer laws…

        • jerjergege on 12/04/2024 - 11:40
          +7

          plus disposal fee the week before they want to colect it.

    • AustriaBargain on 11/04/2024 - 14:39
      +14

      "I paid someone to dispose it, are you going to compensate me for this?"

      • OMGJL on 13/04/2024 - 21:21

        just trying to get your insight/clarification, is the following also count as lying or not?

        Late March, I notice the order was marked as complete - despite not getting any tracking number or receiving the product.

        \

        The company stated it was a glitch and someone would contact me within two weeks.

        \

        contacted the company, who said they will organise someone to pick it up - No one ever called me or contacted me - until nearly one year later.

        • Camelface on 14/04/2024 - 07:06

          It may be that the company was dishonest in the dealing. I just wanted to say that the first comment was a lie.

          I don't think OP has done anything wrong. It's just that people who comment don't seem to have moral values.

          You can't stop other people being dishonest, but one can always try to be truthful.

      • Sinnerator on 14/04/2024 - 08:28

        most humans lie about most things most of the time

        • Camelface on 14/04/2024 - 08:41

          Some are not sheeps

        • RockyRaccoon on 14/04/2024 - 16:31

          Really. Most of most of Most of….. Is that an exaggeration or a Lie?

        • GaryQ on 15/04/2024 - 20:19

          Thank you Gregory House

        • Ramrunner on 17/04/2024 - 15:34

          sadly….

  • Dollar General on 11/04/2024 - 13:41

    How much is it worth?

    • whytd on 11/04/2024 - 13:42
      +15

      Probably should have mentioned
      ~$500

      • AustriaBargain on 11/04/2024 - 14:40
        +50

        I think you've done your due diligence over this.

  • djsweet on 11/04/2024 - 13:45
    +5

    Maybe you don't legally have to. But you probably should.

    • ginormousgiraffe on 11/04/2024 - 22:29
      +11

      For a hundred billion dollar company? His moral duty is to keep it.

      • DefariumZ on 12/04/2024 - 11:14
        +14

        The value of the company is not part of the equation.
        Product ordered and paid for.

        Product not delivered in timely fashion. Refund made.

        Product then arrives much later, purchaser notifies that product refunded and not needed.
        Company states product will be picked up - now the onus is 100% on them.
        Whether they're a backyard shop or the Galactic empire doesn't matter. Honest interaction at ALL levels is what keeps us all going fairly!

      • Camelface on 12/04/2024 - 21:48
        -1

        Company may be rich, but it might be a poor worker who has to account for the loss of items.

        • cheesecactus on 13/04/2024 - 01:51
          +4

          they'll have to 'account' for it by writing a note in some software. But its not like they have to pay for it out of pocket. Hardly a 'poor worker'

        • OMGJL on 13/04/2024 - 21:29

          company can't take deduction from employee's pay for this.

          further reading: https://www.fairwork.gov.au/pay-and-wages/deductions-and-rel…

          • Camelface on 14/04/2024 - 07:07

            @OMGJL: But they can harass.

            • OMGJL on 14/04/2024 - 13:33
              +1

              @Camelface: yes they certainly can, however it can only disgust those who can't afford to work elsewhere for whatever reason.

      • Sinnerator on 14/04/2024 - 08:29
        +1

        correct, how many lives has this company destroyed in amassing their fortune?

        • Ramrunner on 17/04/2024 - 15:39

          Why are big companies always big bad wolves?

          I'm on the fence with OP about how to handle this, but just want to point out this company could be supplying thousands or tens of thousands of people with jobs.

          I'm aware some big companies are dodgy as when it comes to tax practices for example but I'm sure the vast majority don't "destroy lives" some provide lives for their employees.

  • Sye on 11/04/2024 - 13:45
    +11

    What is the product and company?
    Should post this in deals under freebies.
    100% cashback via credit card chargeback.
    /$

    • whytd on 11/04/2024 - 13:48
      +8

      Limited quantity sorry - and no guarantee you’ll ever get your product 😂

  • seanfoite on 11/04/2024 - 14:03
    +10

    I mean if you've put it away and not used it, why not just give it back? you clearly don't need it.

    • AustriaBargain on 11/04/2024 - 14:41
      +32

      Because he'll wait four days again for a courier that will never come. And then spend months wondering what's going on and get no good answers from company.

    • prsam1 on 11/04/2024 - 18:07
      -2

      cos that's not the ozbargain spirit

    • DefariumZ on 12/04/2024 - 11:21
      +2

      He did say he tried?
      Honestly, their mistake - at what point do you expend xx effort and xx cost at your own expense for their own lack of responsibility?

  • qedwards on 11/04/2024 - 14:11
    +21

    Send them an invoice for storage fees, once paid you can send it back

    • whytd on 11/04/2024 - 15:34
      +7

      That’s why I said “I know”, and I posted posing the question.

  • geekcohen on 11/04/2024 - 14:27
    +5

    I had a similar situation where they wanted us to pay for the goods because we disputed the payment. We said, we don't want the product anymore so arrange for pickup and you can have the product back.

    Didn't hear anything, and it's still sitting in the garage.

    • Mechz on 11/04/2024 - 18:15
      +9

      Not really, all time spent communicating with them after the refund is a loss for OP.

    • Assburg on 12/04/2024 - 09:58
      +5

      Talking about conversion but doesn't understand the concept of abandoned property????

      Pretty sure when they come asking for it and OP produces an invoice for the 12 months of storage it will very quickly become abandoned.

  • foxmulder on 11/04/2024 - 15:11
    +12

    It's not yours to keep.if you still have it and the company is willing to get the item back, by organizing someone to pickup and I do not need to go somewhere to return it, I'll do what I can to help on the return.

    • Harold Halfprice on 14/04/2024 - 14:40
      +3

      But they already tried - they reached out to the company and they said they've organised someone to pick it up. 4 times. No one showed.

      How long can they expect OP to keep the product? They've stuffed up multiple times. To ask for it back a year later is ridiculous.

  • Jimothy Wongingtons on 11/04/2024 - 15:30
    +3

    All I can say is there are some absolute crazies out there, being a big company like you say it’s probably fine but I’ve personally received threats and abuse from Ali express sellers, and Amazon sellers. If you check reddit my experiences are pretty tame compared to others .

    • jv on 11/04/2024 - 15:37
      -3

      received threats and abuse from Ali express sellers, and Amazon sellers.

      After I email them 50 times a day, they are glad to get rid of me…

    • meong on 12/04/2024 - 23:57

      Please elaborate

  • hasher22 on 11/04/2024 - 15:35
    +2

    They following up on a 500 dollar item. The staff and follow up, picking it up, sending it back, inventory etc…. it all cost money and it wouldn't even be worth sending it back and they're a multi billion dollar company. I'd say bad luck, you tried to follow up many times and they failed and now they want it back based on their terms. Eff off.

    Nah you bet im not sending it back after 1 year.

    • jv on 11/04/2024 - 15:38
      -5

      Nah you bet im not sending it back after 1 year.

      Hopefully you have access to a good lawyer if they decide to take it that way…

      • hasher22 on 11/04/2024 - 15:49
        +12

        For a 500 dollar item? they be spending 1000s just to engage their lawyers and for the lawyers to write a warning letter.

        If they're petty AF since they're a corporation then let the OP get the warning from their lawyers then send it back.

        • jv on 11/04/2024 - 15:51
          -7

          they be spending 1000s just to engage their lawyers and for the lawyers to write a warning letter.

          They have their own corporate lawyers in house.
          They are already getting paid, so it costs them nothing to make life difficult for you.

          • hasher22 on 11/04/2024 - 15:55
            +5

            @jv: In house or not. They're still paying their lawyers for a new case. What makes you think in-house lawyers are free when opening a new case?

            • jv on 11/04/2024 - 15:57
              -8

              @hasher22:

              They're still paying their lawyers for a new case.

              They are on a salary… They get paid regardless…

              • hasher22 on 11/04/2024 - 16:19
                +2

                @jv: But they're not free, also multiple employees in a corporation would need to run rough getting back this $500 item and at the end of the day, it's not worth it even going through lawyers (in-house or not). The more it drags out, the more money it will cost the company trying to get it back.

                A company needs to weigh up it's cost and see if it's worth it to even get it back or write it off.

                • jv on 11/04/2024 - 16:23
                  -7

                  @hasher22:

                  But they're not free

                  They are already being paid, so there is no additional cost.

                  • hasher22 on 11/04/2024 - 16:29
                    +5

                    @jv: Your argument from the start "They have their own corporate lawyers in house." and "it costs them nothing to make life difficult for you."

                    My counter-argument is that it does cost them something, as I said "They're still paying their lawyers for a new case".

                    Now you're saying "They are already being paid, so there is no additional cost."

                    My counter-argument to that, it still cost the company money to chase up the goods with the lawyer. If the lawyer decides it will take 2 hours to research and draft the letter, that's still 2 hours of work the company pays the lawyer.

                    Additionally, more money are paid to managers, couriers and what other staff members to liaise with the customer to get the item back, they are being paid too.

                    • jv on 11/04/2024 - 16:34
                      -4

                      @hasher22:

                      "it costs them nothing to make life difficult for you."

                      That's right, their lawyers are getting paid regardless… So there is no additional cost. It costs nothing…

                      • kyle on 12/04/2024 - 00:38
                        +3

                        @jv: The lawyers could spend that time attending to other more important matters

                      • jdwag401 on 12/04/2024 - 15:06
                        +2

                        @jv:

                        That's right, their lawyers are getting paid regardless… So there is no additional cost. It costs nothing…

                        I think you need to stop writing this because it isn't true.

                        The salaried employees are not twiddling their thumbs and doing no work. They are working on other tasks/jobs. When they are required to look at other jobs like how to get this $500 worth of goods back, they are no longer doing those other jobs.

                        So it isn't free.

                        • jv on 12/04/2024 - 15:07
                          -3

                          @jdwag401:

                          I think you need to stop writing this because it isn't true.

                          It is true for many large companies.

                        • jv on 12/04/2024 - 15:08
                          -3

                          @jdwag401:

                          The salaried employees are not twiddling their thumbs and doing no work.

                          You need to take a walk through some government offices then…

          • Sye on 12/04/2024 - 08:41

            @jv: They are using their own corporate bikies now.

        • Ocker on 11/04/2024 - 15:59
          +1

          The cost is tax deductible for them

          • hasher22 on 11/04/2024 - 16:15
            +1

            @Ocker: Tax deductible doesn't mean free, also I am sure the company would find a valid or loop hole tax reason to make the $500 item a tax deductible as a loss anyways….. For example, stolen goods can be tax deductible

            • jv on 11/04/2024 - 16:24
              -3

              @hasher22:

              Tax deductible doesn't mean free

              https://www.ozbargain.com.au/comment/15157536/redir

              • Ocker on 11/04/2024 - 18:58
                +3

                @jv: I did not say FREE !!
                Company pays a lawyer $2,000 in legal fees, puts the cost down as an expense and gets a 33% tax deduction - net cost $1,340
                Private individual engages a lawyer, forks out $2,000 in fees. All gone !!
                Damn sight cheaper for a company to take on a private individual.
                What part don't you understand?????

  • FoxJump on 11/04/2024 - 17:01
    +5

    Plot twist, they read this ozb post and chase you further.

    • Daabido on 13/04/2024 - 12:22
      +3

      Plot twist, they are a big multinational paying no tax in Australia so can't write it off on tax.

      • CommuterPolluter on 14/04/2024 - 10:04
        -1

        Writing stuff off on tax is how they avoid paying tax.

  • happydude on 11/04/2024 - 17:08
    +39

    See here - https://www.accc.gov.au/consumers/buying-products-and-servic…

    If the consumer:

    • contacts the business in writing, stating that they don’t want the products, then the business should collect the products within one month
    • doesn't contact the business, then the business may collect the products within 3 months.

    If the business doesn’t collect the unsolicited products within these timeframes, the consumer can keep the products with no obligation to pay.

    You let them know, they weren't interested. I think it's pretty simple.

    • GordonD on 11/04/2024 - 18:46

      unsolicited products

      As has been posted earlier, its not an UNSOLICITED product. The OP ordered it.

      • Switchblade88 on 11/04/2024 - 20:43
        +19

        The OP also got a refund, and thus was no longer soliciting the item anymore

        • highwind on 11/04/2024 - 21:25
          +9

          I agree with Switchblade. Based on OP's action of contacting the company after receiving delivery and declared to them the item was unwanted, and the company stating they would send someone to pick up, then it's clear that the product was no longer solicited and the company accepted it as such. Any sales agreement/contract was also terminated as soon as OP disputed the charge and Paypal agreed with OP.

          Further, the company has ample opportunities to 1) contact the courier company to stop any shipments to OP's address, 2) contact OP to request they refuse shipment in case it does show up, and 3) just send someone to pick up when OP contacted them. They did none of those things.

          OP has no obligation to store the item indefinitely, and it would be entirely reasonable for them to have disposed of the item as they saw fit. I'd wager invoicing them with a storage fee would probably not hold up in court though haha (just like their request to take it back).

  • Ozbar Gain on 11/04/2024 - 17:55
    +5

    So you have their $500 item sitting in your garage and you don't want them to collect it, because why?

    • kiitos on 12/04/2024 - 08:44
      +12

      It's the vibe

    • OzBarAnon on 12/04/2024 - 14:37
      +1

      Spite and pettiness (based)

    • beach bum on 15/04/2024 - 06:34

      because they never really bought another one and have been using it the whole time .

  • Mechz on 11/04/2024 - 18:18
    +1

    The only thing I would think about in this scenario is if the seller can somehow remotely disable the device, rendering it useless to you.

    Then, and only then, would I let them come and get it when convenient to me. Just to reduce e-waste.

    If not, ignore all comms and proceed to cashies.

  • Malik Nasser on 11/04/2024 - 18:53
    +2

    My reply would be:
    "Sure, you are free to pick it up from the location at which you delivered it. I would suggest you contact the new tenants at that location, as I left it there when I moved out earlier this year. Good luck to you. Bye bye."

    • Camelface on 13/04/2024 - 07:35
      +3

      Why do people lie for simple things in life?

    • bkt on 14/04/2024 - 18:23

      What would that achieve?

  • DingoBlue on 11/04/2024 - 20:41

    Name and shame, OP.

    • jonkvh on 12/04/2024 - 08:15

      Agreed. Naming helps. Where a community here.

  • mitchalbrown on 12/04/2024 - 08:26
    +4

    Just give them a window of time when their courier can come and pick it up and be clear that this is their final opportunity to collect the item. If it is not collected at the designated window, they give up all rights to the item and it becomes your legal property.

    It either gets picked up, ignored and no pickup in stated window or a communication back which gives some sort of clarity on how their lawyers see the situation. You could be a little more lenient and give them the opporunity to set a pick-up time but make it clear in writing when you accept those terms that this will be their last opportunity and if this pickup does not happen, you will be disposing of the item.

  • skillet on 12/04/2024 - 08:28
    +3

    Charge them for storage fees and unstocking fees.

  • Sye on 12/04/2024 - 08:33
    -2

    Company might send bikies to get the item back.

  • iCandy on 12/04/2024 - 08:39
    +1

    If you don’t agree to the pickup, will it affect your account at the company? Will they ban you? Do you order from this company often?

  • smartazz104 on 12/04/2024 - 09:21
    +2

    All this text and no mention of the company or product…

  • mrvaluepack on 12/04/2024 - 09:24
    +1

    At least tell us what is the product or category of product…

  • Cluster on 12/04/2024 - 10:07
    +1

    Yes, it's very unusual to have to return a product after a year, but you did incorrectly receive it and really should return it. Don't try the 'oops, I got rid of it' or 'aww, I sold it' line as you're piling a lie on top of receiving goods you should not have. It's unlikely to happen, but you never know how it could hurt you in the future.

    As for it being a billion dollar corporation, does it really matter? Receiving something you shouldn't have doesn't have anything to do with the size of the business sending it.

    • Harold Halfprice on 14/04/2024 - 14:42
      +1

      But they did their due diligence, reached out the company and they said they're sending someone to pick it up 4 times.

      Now a year later, they're asking for it back?

  • ExpressCoffee on 12/04/2024 - 11:01
    -4

    Maybe take up a hobby so you don't have to stress about something like this in the future?

  • DefariumZ on 12/04/2024 - 11:17
    +1

    Easy - they have stated they will pick up, and did not.

    It's their problem - many suggested invoicing them storage and disposal fees, admin fees, making yourself a pain in their ass incase they're playing the "nah we didn't" card.

  • Cluster on 12/04/2024 - 11:21
    +2

    I see people are justifying receiving goods you're not entitled to as long as it's someone rich sending it.

    I know if I ever accidently send a package to the wrong recipient on eBay I would hope to receive it back (at my expense), instead of getting a message saying 'you're rich, you can afford to lose this item'

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