Subject:
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Re: The Free Super Chiefs
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Newsgroups:
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lugnet.trains
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Date:
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Fri, 22 Mar 2002 17:14:05 GMT
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Viewed:
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871 times
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In lugnet.trains, John Gerlach writes:
> In lugnet.trains, Todd Thuma writes:
> <snipped long and well-written post>
>
> United States postal regulations say that if someone sends you something
> that you don't order, they cannot ask you to pay for, or return, that item.
> This makes a lot of sense if you think about it. I can't mail you
> something, then charge you for it. What if I sent you a postcard, then sent
> you a bill for $1000 for it? Would you pay? Of course not!!
>
> If LEGO used the post office to deliver this package, the three extra 10020s
> are theirs for the keeping. If they were delivered UPS or some other
> method, LEGO *might* have a case to ask for their return or payment.
>
> I still believe the three extra sets were a result of an error on LEGO's
> part, not due to any sort of cheating/lying/misrepresenting on the part of
> the customer. LEGO messed up - hey, they're not *perfect* - they shouldn't
> expect the extra sets back.
>
> Now if the customer decided to pay LEGO for them, or return them - then I
> would salute them.
>
> Full discloser: I originally ordered 5 Super Chiefs, which I opened. I
> later ordered 1 more, which I received last week. And this week I ordered 2
> more -- I haven't heard anything from Shop@Home, so I'm expecting to receive
> them soon. Am I "cheating the system"? I don't think so - I'm buying a set
> that I think is pretty cool, and that *might* be worth something someday,
> although I doubt I'll sell them! :-)
>
> JohnG, GMLTC
> (and no, I am not a laywer...)
Ok...Ok...let's take a step back and re-hash the issue at hand (btw,
I'm no lawyer either)
he received 3 trains in the mail, trying to buck the system, which in
itself has already been done by numberous people...
...ok. he used his father's credit card, also legal, and had it sent to
grandma's house because of the above reason.
Dad's credit card, for whatever reason didn't get credited, but the
fulfillment center sent the trains anyways.
This is an interesting occurance.
Here's the implications and what should be done.
On one hand, the buyer tried to make and (assuming presented) valid payment
(ala dad's credit card). Lego accepted it, but for some reason didn't
charge it......then they sent the goods anyways.
This is definitely NOT in the category for stolen goods, because there was
no direct link between the buyer and the agent of the seller (the sales
rep who handled the order).
However, the Postal System reason of not paying doesn't stand because buyer
and seller had a reason for transaction. Buyer ordered the merchandise, so
the unsolicited reason doesn't hold weight.
There was a problem with the system somewhere in LEGO, either in the
sales center or fulfillment center. The seller can't really help that.
But if the buyer had any morals or ethics, he would be well advised to
contact Lego and find out why the credit card wasn't purchased, and
he still received the items. That way the rest of us (including the
buyer) don't end up having to pay for other future mistakes.
If Lego decides not to charge the buyer, then that's great, but I
really don't think they have any grounds to ask for the items back.
Benjamin Medinets
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Message has 1 Reply:
 | | Re: The Free Super Chiefs
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| Ben: We canceled the order when the guy said that we couldn't buy it. Then Grandma bought hers. The canceled order shipped anyway. (22 years ago, 22-Mar-02, to lugnet.trains)
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Message is in Reply To:
| | Re: The Free Super Chiefs
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| In lugnet.trains, Todd Thuma writes: <snipped long and well-written post> United States postal regulations say that if someone sends you something that you don't order, they cannot ask you to pay for, or return, that item. This makes a lot of sense (...) (22 years ago, 22-Mar-02, to lugnet.trains)
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