Print 65 comment(s) - last by Inkjammer.. on Nov 9 at 9:05 PM

The shipping box for the Eee was so small, some buyers received a five-pack instead of a single unit

The Asus Eee PC notebook has been popular in North America thus far, with many retailers having sold their entire stock on the first day of orders. The popular e-tailer Newegg took a misstep above the rest though; apparently, the diminutive size of the Eee has confused Newegg's shipping department. Some buyers who purchased the Eee PC from Newegg ended up not with an individual Eee, but a shipping box of five units.

A posting on the forum details the story of an member NastyGash who had a box of five Eee's diverted from delivery moments before arriving ... who was then one-upped by several other users, including stampedingchipmunk who posted a picture of his five Eees that had snuck through the system.

Several other buyers have piped up in the thread as well, and it appears that Newegg is proactively reaching out to those who accidentally received more than they expected. So far, those who have posted are reporting that Newegg is offering customer credits and discounts, in addition to paying shipping back and overnight delivery of a single Eee unit.

Perhaps this would explain why so many Newegg buyers wound up with a "backordered" notice instead of a tracking number. But don't despair; the Eee buyers who got five have a heart and are sending them back, so no doubt Newegg will be filling their backorders as soon as possible.

"Legally in the state I live in, I could have kept all 5.  The transaction was completed, and I paid for what I ordered.  Morally however I just couldn't justify it," writes the member AgentEntropy. "Of course I'd rather have kept the 4 extras than the $50, but who wouldn't?"

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

RE: doubtful
By Bootstrap on 11/5/2007 4:36:41 PM , Rating: 5
Can you give more information about these instances? I'm especially interested in the case where a company rep or the police confiscated items from customers, since they seem to directly contradict the information on the FTC's website ( ):

Q. Am I obligated to return or pay for merchandise I never ordered?

A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.

I'm certainly not a legal expert, but this seems to make it pretty clear that any unordered merchandise shipped to a customer becomes their property. Can you post some references for the cases you mentioned or for the state laws that governed them? I'd love to have a better understanding of these things.

RE: doubtful
By theapparition on 11/5/2007 9:14:25 PM , Rating: 2
Errr, maybe you should continue reading your own link?

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

These simple FAQ's are written in layman's terms. As with anything, the exact law is a little more complicated. The one Q&A you quoted above was for "unsolicited orders", e.g. you got a shipment that you never ordered. This is clearly a honest shipment error, though. So in this Newegg case, by law you are under no obligation to notify them that you recieved 5. Nor shall you have to incurr expenses for returning the items. However, if they contact you asking for them back, it is thier property, and you must return it, at no cost to you. And yes, they can take legal action for the return of their property if you refuse.

You may write them that you refuse to ship this back and they have 30 days (or some "reasonable time" to pick this up or you'll consider it a gift. But are you prepared for the legal battle that could ensue? Even if the 30 days passes, they have deeper legal pockets than you, and could certainly make this hell for you, plus make you pay for their legal expenses.

Is all this worth it in the end? If this went to any sort of trial do you think any judge would be sympathetic to your case? In the end, doing the right thing will probably be your best option.

RE: doubtful
By Bootstrap on 11/6/2007 9:56:00 AM , Rating: 1
"Errrr", I did read the entire page, including the question you quoted -- nowhere in the response does it specifically mention that you are REQUIRED to notify the seller, or to return the merchandise if asked. In fact, seeing as how they leave it completely open as to what a "reasonable amount of time" is, I took this to mean that this is something they recommend you do to avoid getting erroneous bills in the future, not something that you are obligated to do. I realize that these FAQs are vaguely worded in layman's terms, hence my confusion.

Let me be clear here: I'm not advocating keeping merchandise that you received because of an honest shipping mistake. I certainly would have contacted Newegg to return it, and I'd expect that anyone who has any sense of morals would do the same. My question is specifically concerning what you are or aren't obligated to do by law, since there seems to be a lot of confusion about this.

So again, I'll repeat my question -- can you please cite or provide a reference to a law or specific case that actually confirms what you're saying? I'm not claiming that you're wrong or that you don't know what you're talking about, but there are too many "experts" on these boards that expect others to simply take their word for whatever they post, so a bit of healthy skepticism doesn't seem unreasonable. You sound as though you're knowledgeable on this, so I'd really appreciate any links you can provide so that I can read more on this myself. Thanks.

RE: doubtful
By afkrotch on 11/6/2007 11:42:21 AM , Rating: 1
Dude, apparently your reading comprehension is that of a 12 year olds. Here, I'll quote exactly what he just said.

So in this Newegg case, by law you are under no obligation to notify them that you recieved 5. Nor shall you have to incurr expenses for returning the items. However, if they contact you asking for them back , it is thier property, and you must return it, at no cost to you.

RE: doubtful
By opterondo on 11/9/2007 12:41:09 AM , Rating: 2
Apparently you have the reasoning skills of a 2 year old. Obviously he is not asking about clarification of his opinion, he is asking for sources his opinion is based upon.

RE: doubtful
By borowki on 11/7/2007 11:56:24 AM , Rating: 2
Uniform Commercial Code §§ 2-602(2), 2-603, 2-604.

RE: doubtful
By Mojo the Monkey on 11/8/2007 4:52:53 PM , Rating: 2
Thanks, Digi-Cardozo
(if you dont get it, dont ask)

RE: doubtful
By opterondo on 11/9/2007 12:50:22 AM , Rating: 2
UCC is adopted at the state level with modification not as a whole.

RE: doubtful
By opterondo on 11/9/2007 12:36:14 AM , Rating: 2

IC 24-5-5
Chapter 5. Unsolicited Merchandise

IC 24-5-5-1
Refusal to accept merchandise; gift to receiver
Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.
(Formerly: Acts 1967, c.55, s.1.)

"I mean, if you wanna break down someone's door, why don't you start with AT&T, for God sakes? They make your amazing phone unusable as a phone!" -- Jon Stewart on Apple and the iPhone

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki