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 ...
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 ...
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 ...
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....
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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?...
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 ...
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 ...
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
ecommerce × 8england-and-wales × 5
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european-union × 1
property × 1
consumer-protection × 1
commerce × 1
spam × 1
refund × 1