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18 votes

When ordering off Amazon, are you allowed to keep a product that's significantly more valuable than what you originally ordered?

england-and-wales This is theft. Theft is defined at Section 1 of the Theft Act 1968: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of ...
JBentley's user avatar
  • 10.5k
11 votes

When ordering off Amazon, are you allowed to keep a product that's significantly more valuable than what you originally ordered?

united-states Legally, you can treat unsolicited goods as a gift. The relevant law is 39 U.S. Code § 3009 - Mailing of unordered merchandise . The FTC provides a summary: By law, companies can’t ...
Brian's user avatar
  • 1,663
10 votes

When ordering off Amazon, are you allowed to keep a product that's significantly more valuable than what you originally ordered?

germany tl;dr: You must return goods sent by mistake when asked. You probably do not need to actively inform the sender. General consensus According to the article Welche Rechte bestehen, wenn zu ...
sleske's user avatar
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8 votes

“No returns” policy for private individuals selling items “buy it now” style on eBay

england-and-wales If Bob took possession of the item, there's nothing wrong with the item and Bob just changes his mind about wanting it, he doesn't have the right to return it to private seller Alice....
Lag's user avatar
  • 19.5k
8 votes
Accepted

“No returns” online auction policies

england-and-wales No - if Alice is selling in the course of business. If Alice is not acting in the course of business, if she's a private seller, then Bob the buyer doesn't have the same statutory ...
Lag's user avatar
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4 votes
Accepted

Breach of contract between eBay users

How can he compel the seller to cancel the new auction and sell him the item as they contracted to do? Expectation damages are the typical remedy for breach of contract The general measure of damages ...
Jen's user avatar
  • 72.9k
3 votes

On what legal basis can a store sell an item and forbid its resale?

germany They cannot. Not in your case of a private person selling their private purchase to another private person. It would be a big pandoras box otherwise. What if you gift the item to your friend ...
nvoigt's user avatar
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3 votes

Claiming against eBay sellers: mechanics and practicality

You subpoena eBay You file your claim against username. You then subpoena eBay to provide all relevant information about username (name, address etc.). You then update your filing. Of course, you have ...
Dale M's user avatar
  • 227k
3 votes

“No returns” policy for private individuals selling items “buy it now” style on eBay

australia Blanket “no returns” clauses are illegal See ACCC v Valve. Under the Australian Consumer Law (ACL), purchasers of goods have a statutory right to a refund in the event of a major fault with ...
Dale M's user avatar
  • 227k
3 votes

“No returns” online auction policies

france Preliminary: "ordre public" A fundamental concept in French civil law is ordre public, codified in article 6 of the civil code: On ne peut déroger, par des conventions particulières, ...
KFK's user avatar
  • 1,489
2 votes

Legality of emails reminding of abandoned carts

Does the fact that the email recipient added something to cart and filled their email in the form (but did not check out) create sufficient ground to not consider such emails unsolicited communication?...
nvoigt's user avatar
  • 10.2k
1 vote

“No returns” online auction policies

No australia Refunds are a statutory right under the Australian Consumer Law for any major defect. It applies to any supply (broadly defined to include many B2B transactions) for consideration and, in ...
Dale M's user avatar
  • 227k
1 vote

Lost merchandise: Replacement or refund

canada Common-law remedy: expectation damages The general measure of damages for breach of contract is expectation damages: "the plaintiff will be entitled to the value of the promised ...
Jen's user avatar
  • 72.9k

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