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Problem with Shipment - Need Advise

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  • doug5551
    Junior Member
    • Dec 2012
    • 91

    Problem with Shipment - Need Advise

    So I order a complete upper from a small midwest company in December.

    They bill my CC and ship at the end of January.

    When it arrives, it is not my upper, but instead an AR10 lower and some PMags.

    I call and say where is my upper, and they say they have no idea. They say it is important for me to send them the stuff back, and I say it is important that they send me the upper I ordered.

    A few days later, they email me a return label, but I don't have a printer, and I still want what I ordered to be shipped.

    Today, they email me and say they finally have my upper back from the place they incorrectly sent it, and they know what items are in the package they incorrectly sent me.

    They then threaten me by saying:

    Failure to return the items as requested will force us to contact the ATF and request that they follow up with me in regards to the lower you illegally have in your possession.

    I am extremely pissed that they were not careful in shipping the correct package to the correct customers, which is the direct result of me not having the upper right now, and that they feel compelled to escalate the matter extremely by threatening to bring in the ATF.

    I will send them the stuff back, but I want to wait until I have my order in hand, as they have already demonstrated that they are not interested in getting me the upper I ordered as soon as possible, and they are blaming me for the consequences of their lack of care.

    As far as I am concerned, I would be happy to talk to the ATF to inform them that the company is sending regulated lowers to random people, and that as soon as I have my order and a pre-printed return label, I will be happy to send it back. I am thinking about calling them tomorrow.

    Please let me know if you have ever experienced anything like this, as I have never before gone through something like this in my entire life.

    All suggestions welcome, and thanks in advance for helping me.
  • #2
    rplusplus
    Senior Member
    • Oct 2011
    • 2252

    Tagged...

    I will wait to see what the CGN Legal Eagles have to say but IMHO...

    That company is hosed. They broke the law not you.

    Also... IANAL... But I think YOU would be breaking the law if YOU shipped the lower back to them without going through a FFL since you are not one ( I have no idea ).
    US Navy Retired 1987-2007

    Comment

    • #3
      russ69
      Calguns Addict
      • Nov 2009
      • 9348

      I would have not posted this on the internet and sent back their mis-shipped item.
      sigpic

      Comment

      • #4
        strokesdmb
        Senior Member
        • Feb 2011
        • 1039

        Originally posted by russ69
        I would have not posted this on the internet and sent back their mis-shipped item.
        This

        Sent from my SAMSUNG-SGH-I717 using Tapatalk 2

        Comment

        • #5
          zfields
          CGN Contributor
          • Aug 2010
          • 13658

          Originally posted by rplusplus

          Also... IANAL... But I think YOU would be breaking the law if YOU shipped the lower back to them without going through a FFL since you are not one ( I have no idea ).
          You don't need an FFL to ship a gun to an FFL. I've done it plenty of times, 100% legal.
          Sandstorm Custom Rifle Slings : Custom Paracord slings

          10% off slings for calguns members. PM for details. Like us on facebook!

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          • #6
            LynnJr
            Calguns Addict
            • Jan 2013
            • 7958

            If they had 20 boxes all taped up and ready to go on a table and simply put the wrong label on it this happens all the time.
            I would contact them and ask them to send you a pre-printed label as you don't have a printer.
            You are not entitled to keep the missent items despite what somebody may tell you.
            And yes you can ship it back without a FFL.
            Lynn Dragoman, Jr.
            Southwest Regional Director
            Unlimited Range Shooters Association (URSA)
            www.unlimitedrange.org
            Not a commercial business.
            URSA - Competition starts at 2000 yards!

            Comment

            • #7
              Enfield47
              Calguns Addict
              • Sep 2012
              • 6385

              It sucks but mistakes happen. You should return the incorrect shipment to them even if it's before you receive your order.

              Comment

              • #8
                JNunez23
                Veteran Member
                • Jan 2012
                • 2755

                Doug, I would play this out the exact way you are so I can not offer you anything but reassurance that you are not wrong. I would wait it out and speak to the ATF if need be. They're full of **** anyway, they wont go to that extreme. They just want their items back as you want the order you paid for.

                Good luck with everything, hope it all works out.

                Explain to them that you do NOT have a printer, so the best thing for BOTH parties is for them to send you a return label along with your upper receiver, then you'll be more than happy to return the items to them. Just a thought..
                Last edited by JNunez23; 02-21-2013, 10:18 PM.
                sigpic"Be more concerned with your character than your reputation, because your character is what you really are, while your reputation is merely what others think you are."
                John Wooden

                Need a holster?, please email us at StrappedKydex@gmail.com for any holsters, mag carriers, and more. Custom jobs welcomed!

                Comment

                • #9
                  Tinknocker
                  Member
                  • Jun 2011
                  • 455

                  They probably can't admit they screwed up and the other guy is probably more pissed off than you, It happens.

                  Comment

                  • #10
                    crazyalskn
                    Senior Member
                    • Nov 2012
                    • 1672

                    Originally posted by JNunez23
                    Doug, I would play this out the exact way you are so I can not offer you anything but reassurance that you are not wrong. I would wait it out and speak to the ATF if need be. They're full of **** anyway, they wont go to that extreme. They just want their items back as you want the order you paid for.

                    Good luck with everything, hope it all works out.

                    Explain to them that you do NOT have a printer, so the best thing for BOTH parties is for them to send you a return label along with your upper receiver, then you'll be more than happy to return the items to them. Just a thought..
                    this...and be polite, not matter how rude they were to you....
                    Originally posted by steveOsteezy
                    It's kind of hard to go low budget on a rifle that's chambered in $5 bills

                    You're better of with a $400 .308 unless you plan on taking out taliban from 2000 yards away haha

                    Comment

                    • #11
                      deephouse
                      Veteran Member
                      • Sep 2012
                      • 3858

                      Originally posted by Tinknocker
                      They probably can't admit they screwed up and the other guy is probably more pissed off than you, It happens.

                      I wonder if the other guy is on calguns and reading this?

                      Comment

                      • #12
                        jcwatchdog
                        Veteran Member
                        • Aug 2012
                        • 2609

                        Originally posted by doug5551
                        Failure to return the items as requested will force us to contact the ATF and request that they follow up with me in regards to the lower you illegally have in your possession.

                        Yes I can see them contacting the ATF and saying what? "We are an FFL dealer and we randomly sent a lower without much care, to just some person. If they hadn't contacted us to let us know, we wouldn't have known where this lower would have ended up. But rest assured, we are a responsible FFL and take great care in the transport and sale of all firearms".

                        They won't contact the ATF, they made the mistake, and they were in the position of responsibility. FFL's aren't handed out like candy to anyone. If too many "mistakes" happen, they can get their license revoked.

                        Comment

                        • #13
                          fusionstar
                          Senior Member
                          • Apr 2007
                          • 2332

                          Name the company.
                          If you seek peace, prepare for war

                          Comment

                          • #14
                            b18bturboek9
                            Senior Member
                            • Dec 2006
                            • 800

                            I'd just mail it back and wait for my upper. They screwed up maybe they'll cut you a discount or something along those lines. Is it really worth the legal annoyance for a screw up. I'd tell them throw a pmag in with my upper but thats me . I have an upper coming in next week and had to wait alittle over a month and a half and wasnt a big deal seeing its a long wait for most and very long wait for alot. I know your mad but is it really that big of a deal, to me it wouldn't. My 2 cents...

                            Comment

                            • #15
                              North Bay Guy
                              Senior Member
                              • Nov 2012
                              • 1230

                              I got the wrong stuff once, I ordered some of those (red) wonder wrenchs. Well the dudes sent me one bullet button. So I emailed them and got this response, we're very sorry for the mistake, please call us so we can fix the problem. Phone#

                              I called them right away and told them, I ordered some wonder wrenchs and got a bullet button. My rifle already has a bullet button I just want the wonder wrenchs I ordered. The response this time was, I'm sorry sir I'm responsible for the mistake, I packaged the two orders myself and I must of put the wrong shipping labels on them. Here's what I'm gonna do for you, I'm going to over night you your correct order, throw in a few extra wrenchs and a prepaid shipping evelope. Will you please put the unwanted bullet button in the evelope and drop it in a mail box? I said, sure that would be my pleasure. You just gave me some faith in online shopping. I got my stuff and sent back the bullet button. I don't really mind mistakes like that as long as they take responsibility and act respectful.

                              This is the second time I've heard the same story about PSA, unless you made another thread about this same issue earlier on. On another note Stag emailed me yesterday and said my LPK and buffer order has been processed and should ship soon. I made the order on Stag's website in late Jan. I'm expecting it to arrive within two weeks. I'll keep my fingers crossed maybe I'll get a BCG. Lol.

                              Wait a day or so after the AZ Giffered shooting, I went to my LGS and asked for a G19. They just sold out and said that's a tough one to find right now but lets take a look. To both of our surprise low and behold they found one and ordered it for me. A day or two later I got a call, come down to fill out the DROS, your G19 is here. BTW they sent a G19c pause. Me, a G19c hmmm okay. First I thought cool, later I felt uncertain, now I'm in love with my G19c, funny how that worked out.
                              Last edited by North Bay Guy; 02-22-2013, 2:36 AM.

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