I would love some assistance...

[jsipe007]

So about three weeks ago I ordered the parts to a complete ar-15 minus stripped lower (im currently in nv and reside in nv so mag capacity and cali laws are no issue). I received 3 tracking numbers. I thought this odd since typically the lpk is shipped in one box and upper in another. Well i received the lpk and about a week later i received an upper. Well, this is in fact not the upper i ordered. The invoice is for another customer, but the package is clearly addressed to me and has my address as the shipping address. I called the company and my upper is already en route. The customer service agent assured me they would send a return label within a few days to my house so i can return the upper i mistakenly received. When i told a friend my story he said legally i am allowed to keep both uppers. Is this true? What would you all do? Im planning to return the upper and see if i may be able to get a discount off a future purchase.
Thanks!
Justin

[theshoer]

Being Honest is allways best !

[tonelar]

You're not legally required to return it. However, morally speaking; I'd return it.
They should give you a credit or discount (never hurts to ask).

[gunnerstuff]

Yea, may be legal. But every time you'd take that upper out to shoot, you'd know in the back of your mind that it's not 'really' yours. Just sayin.

Now I'd definitely ask for some discount (a nice one, none of this 10% stuff) on some other item, as they would be out all the money for their screw up in shipping.

[Databyter]

So about three weeks ago I ordered the parts to a complete ar-15 minus stripped lower (im currently in nv and reside in nv so mag capacity and cali laws are no issue). I received 3 tracking numbers. I thought this odd since typically the lpk is shipped in one box and upper in another. Well i received the lpk and about a week later i received an upper. Well, this is in fact not the upper i ordered. The invoice is for another customer, but the package is clearly addressed to me and has my address as the shipping address. I called the company and my upper is already en route. The customer service agent assured me they would send a return label within a few days to my house so i can return the upper i mistakenly received. When i told a friend my story he said legally i am allowed to keep both uppers. Is this true? What would you all do? Im planning to return the upper and see if i may be able to get a discount off a future purchase.
Thanks!
Justin

Good Grief.

No, you cannot legally keep something that does not belong to you.

Yes, you must ship it back or pay for it.

No, you should not expect a discount for doing the right thing, although they may give one to you.

[BKinzey]

You established a business relationship with the company. They sent you the wrong thing. Since they are paying for return shipping and sending you what you ordered you should return the upper to them. It's good business practice.

Legally I think you are on shakey ground and am leaning toward you legally need to return it. You did actually order something from the company. The invoice has someone else's name on it. There is a law which generally states you don't have to pay for things delivered to you that you didn't order but I don't think this instance is covered by that law. This took place in Nevada, their laws might be different and you should look it up.

[russ69]

Good Grief.
No, you cannot legally keep something that does not belong to you.
Yes, you must ship it back or pay for it.
No, you should not expect a discount for doing the right thing, although they may give one to you.

This is pretty much it. How can your think you can just keep things sent by mistake?

[Jeepergeo]

Return it. Otherwise, you mightfind a charge onyour credit card. And because it is the right thing to do.

[Dutch3]

Yes, return it. It is the right (only) thing to do.

Besides, Karma backlash is a *****.

[Mssr. Eleganté]

This is why your friend says you can keep the first upper...

http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro15.shtm

The FTC used to run commercials about it, where an Eskimo finds an electric fan in his mail box outside his igloo. The law is to prevent unscrupulous vendors from shipping stuff to you that you didn't order and then demanding payment. There are still office supply/toner distributors who pull this scam.

But in your case it was not an attempted scam. It was a shipping error. The above linked page from the FTC says this...

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.

[jsipe007]

Thanks for the advice! I appologize , my thread title may have been misleading. I have always intended to return the upper, otherwise i wouldnt have notified the company of their mistake and had them ship a return label. I really was questioning the legality of keeping something like this. Morality and legality are on completely separate pages these days.i know its not moral and would never keep something like that because of the moral issues involved. I still am curious if it would be legal though. I am more curious in the legality because i wish to advise my friend if its truely illegal to do such a thing. Based on the posts, morally it is clearly wrong but legally it may be up in the air. Thanks!

[jsipe007]

Well that last post clears it up! Thanks :-)

[jsipe007]

And i was just curious on the discount aspect as this is the second order i have placed with said company and the second time my order has been slightly mixed up. They were great and polite through it all, but the first time i ordered a complete buttstock assembly with buffer tube and the buttstock was forgotten... I probably will just ask because this entire process has taken much longer than it should have. I just feel a small compensation would give me a more positive experience overall and i may order more from them in the future. It never hurts to ask i suppose! :-)
Thanks,
Justin