#1
A product that was sent to you due to shipping error? I contacted the company when I got it in October, and they said they would send me a packing slip and a number to use for sending the product back, but they never did. They're based in Wisconsin, I'm in Virginia. Anyone know the laws?
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

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#3
In what cases is it 90 or 120 days?
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
#4
what was it? if it's valuable, or something you need, keep it. or, if you are a good person, you could ask them to send the return slip again
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#5
Quote by Shinozoku
In what cases is it 90 or 120 days?

I don't know if I'm 100% certain on this one, but usually if someone leaves something at your house or ships something to you on accident or by design and it's not your property, if you've made an effort to return it and they don't take you up on it, it's usually a year.
#6
It's a Vader 2x12 cab. They responded to my e-mail within an hour of the one I sent letting them know there was a shipping error. Adam (the owner) asked for my shirt size and said he'd send some shirts and stuff for my honesty when this was shipped back, but I sent my shirt size and never got the information he was gonna send.

And yes, I am a good person, but I also need money and I was gonna sell it off to a friend.
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
Last edited by Shinozoku at Feb 4, 2009,
#7
What did you intend to buy? If it wasn't as good as what you got.. keep a low profile.
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#8
I actually bought a cab from them, and got it. Then another one arrived on my doorstep a week later. I was gonna get some cash for it from a friend since I don't need two cabs and he needs one, and I need the money for a plane ticket to see my girl over spring break. I don't have a job yet, and by the time I could get one that will pay good, it'll be spring break already. I was hoping to get work study at school this semester but there was a long list of people before me so I couldn't get it.
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
#9
Quote by Shinozoku
I actually bought a cab from them, and got it. Then another one arrived on my doorstep a week later. I was gonna get some cash for it from a friend since I don't need two cabs and he needs one, and I need the money for a plane ticket to see my girl over spring break. I don't have a job yet, and by the time I could get one that will pay good, it'll be spring break already. I was hoping to get work study at school this semester but there was a long list of people before me so I couldn't get it.


So its that versus a few shirts?

Keep it I say.
#11
I have a mother who is whining about how they'll do inventory for the year and find the missing cab, look in their records and realize it belongs to me, and learn that I sold it to a friend, and make me pay the difference, which I don't currently have in checking.
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Problem being if he sells it and then they try to claim it....

Exactly
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
#12
I say keep it. Think about it, you've made an effort on your part, and they just basically say, "Alright, we don't care, we'll get to it eventually". I think you did the most you could on your part for actually having an attempt at being honest; I think it's their fault if they don't take any action or effort to do so, when you clearly have.
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#13
It's their error, entirely. I don't think they can really do much about it as a result. Especially considering you made the effort to contact them, and they didn't follow up with it.

So do with it what you want.
#14
I'd drop an email back explaining that you give them 3 weeks to arrange for you to ship it back, otherwise you're gonna dispose of it yourself. Then 3 weeks later, you're sorted AFAIK.
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#15
And charge them rent!
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#16
Quote by LtBrenton
I'd drop an email back explaining that you give them 3 weeks to arrange for you to ship it back, otherwise you're gonna dispose of it yourself. Then 3 weeks later, you're sorted AFAIK.


^ Yeah, but they're really good about getting back to you

I'm gonna just go ahead and sell it today. The friend is understanding, and I'll reimburse him over time if I have to send it back.
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
#18
Sell it! They never sent the shipping label and its taking up room in your house. The economy is bad so you have to profit where ever you can!
#19
Thanks for the help, guys!
Then there's this band called Slice The Cake...

Bunch of faggots putting random riffs together and calling it "progressive" deathcore.
Stupid name.
Probably picked "for teh lulz"

Mod in UG's Official Gain Whores
#20
Wtf if i got sent a vader cab I would never return it. Seriously, it's not like stealing from a person, and it is their fault that you got it.
#21
What you're talking about is called "acquisitive prescription," a form of "adverse possession." That is, that you possess a thing and, within a certain length of time, you acquire title to it by law.

In your particular situation, this will not likely happen. One of the requirements of acquisitive prescription is that you possess and use the thing "in good faith." That is, you not only -act- like its owner, but you believe yourself to -be- its owner (for example, if they had sent you a gray stuffed bear when you ordered a "charcoal" stuffed bear, but you thought that your gray stuffed bear was the "charcoal." Technically, the sale is voidable, unless you pass that length of time while believing yourself to be the owner of a "charcoal" stuffed bear). Since you know you're not the actual owner of the thing, but merely possess it through an error, unless you happen to conveniently forget that, you can't possess and use the thing with the good faith intention necessary to acquire title to it.

If you -do- happen to forget that you're not in possession of the thing by law (rather than by error, as in your case), then from what I've seen of VA cases and statutes (though I just did a quick 5-minute scan, so this could be totally wrong), many courts will agree that you own the thing after the statute of limitations has run. This means that after the pre-set period of time wherein the shipper can file suit against you to get their stuff back has expired, the shipper can no longer file suit against you for the stuff back or the value of the damages (in this case, the whole price), then you may acquire title to the thing.

The statute of limitations period in VA for this looks to be one year from the date that the seller knew or should have known about the action they have (about their ability to file suit against you), if they consider this a conversion (intentionally taking their stuff). So this doesn't just mean one year from the date you sent them the email. A broad interpretation could mean one year from the time where they thought you weren't going to send it back, despite their reasonable efforts. As such, the period may be more than one year.

If it's a big company, chances are that the mistake got lost somewhere in the wood-works. If you're thinking about selling it, I'd consider first the possibility that they may contact you angrily demanding their amp back in mint condition in the foreseeable future, and you would have to not only come up with the money to buy the amp back from whomever bought it from you, but hope that it is still in mint condition...
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#22
Quote by frankv
You could make a deal with your friend. If the rightful owner wants it back your friend will have to give it and you will just have to pay him back.


He could make this deal, but if the friend later wanted to fight it, he could. This deal wouldn't be enforceable because it presupposes that the seller (our hero here) is not the lawful owner. As such, he can't legally bind himself to sell the thing which he doesn't own, and the friend can't legally bind himself to buy it from someone other than the owner or mandatory of the owner.

The friend would just say that he had no idea that our hero was not the rightful owner and our unfortunate hero would have to compensate the rightful owner on demand.

On second thought, though, you could "lease" the thing to your friend for an indeterminate amount of time for a one-time fee, subject to cancellation and partial refund at any time.

A lease sells your friend the right of use, not ownership. So your friend could lease the thing from you and use it indefinitely and, if the seller (the one who sent it to you) demands it back from you, terminate your friend's lease and give him back the partial refund agreed on and send it back to its rightful owner.

Of course, this doesn't take into account that the amp must not show any signs of use or the seller will demand that you then buy it, as you will have returned it in "unusable" condition.
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#24
Quote by Shinozoku
It's a Vader 2x12 cab. They responded to my e-mail within an hour of the one I sent letting them know there was a shipping error. Adam (the owner) asked for my shirt size and said he'd send some shirts and stuff for my honesty when this was shipped back, but I sent my shirt size and never got the information he was gonna send.

And yes, I am a good person, but I also need money and I was gonna sell it off to a friend.



send it to me. i'll worry about the law