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LiemTa

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Original poster
Jun 2, 2014
499
332
I ordered 1 iPhone 7 Plus 256GB black, got both of these instead? What should I do?
 

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I ordered 1 iPhone 7 Plus 256GB black, got both of these instead? What should I do?

If you ordered from your carrier or Apple, you likely will be charged for both. If the company you ordered from suspects you received a second iPhone by error later in time, you will likely be charged. It's happened to me before.
 
Well it's legally yours now. Keep it on lock though just in case Carrier/Apple try to get it back, I doubt Apple would but carriers tend to be bothersome when they want their stuff back.
 
They can only charge you for what you specifically ordered. Unless you have 2 orders, I would dispute any attempted charge for the second.

Exactly. You have your receipt showing your order of *ONE* item. If a second charge shows up, dispute it with your credit card company immediately. The seller will have to provide proof that you ordered the second one, their suspicion that you may have accidentally got shipped a second item is not sufficient.
 
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Where did you order it from? are you sure you only got charged for 1? I would contact the seller and let them know and see what they say. You shouldn't have to pay anything to send it back, if they want it back they can send you a mailing label.
 
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Well it's legally yours now. Keep it on lock though just in case Carrier/Apple try to get it back, I doubt Apple would but carriers tend to be bothersome when they want their stuff back.

No, it's not legally his. If the seller made a mistake, it's not necessarily lawful for you to take advantage of the mistake.

If the seller made a mistake, then they should pay to have it sent back, and perhaps even insured, but it would not be a good idea for you to try to keep it. You've already given the world visual evidence that you are in possession of something that is not yours.
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I agree, send it back or give it to someone who would appreciate it. Karma always wins

It's not just karma he has to be afraid of. :)
 
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The honest thing to do is obviously sending the 2nd one back. Even though if you used a credit card, the reseller cannot charge you for the second one without authorization from you. If the reseller could charge your credit card for an extra phone you did not order but was shipped out to you, then ordering anything off the internet could be a mess. Imagine if Amazon starting shipping out extra things in orders and then charging you for those extra items.
 
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No, it's not legally his. If the seller made a mistake, it's not necessarily lawful for you to take advantage of the mistake.

If the seller made a mistake, then they should pay to have it sent back, and perhaps even insured, but it would not be a good idea for you to try to keep it. You've already given the world visual evidence that you are in possession of something that is not yours.
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It's not just karma he has to be afraid of. :)

Same people saying to keep it would also keep money accidentally deposited into their checking accounts too I bet and think there would be no consequences for spending it.
 
Cmon man you know what the right thing is. Don't listen to these "its yours now" people. You know the right thing to do is to contact apple or wherever you got it and tell them what happened.
 
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It's not legally his if he didn't pay for it.

That is incorrect. Technically, it is his device.

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

Not that I am saying he should keep it. However, the law says you should consider it a free gift. However, I would probably return it. In the past, I have been rewarded for doing the "right thing" as people suggest here.
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Same people saying to keep it would also keep money accidentally deposited into their checking accounts too I bet and think there would be no consequences for spending it.

Couldn't find a great source for this, but you comparing apples to oranges. Definitely cannot spend mistakenly deposited funds.

https://www.ncconsumer.org/news-articles/using-money-mistakenly-deposited-into-your-account.html
 
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I'm not a lawyer either but my thinking was that the link above referenced goods sent to someone on purpose. Meaning the intent was to send someone goods without their consent in order to later collect on the goods. There has to be a provision somewhere in the law saying if you accidentally sent someone something that they can't just keep it free and clear. This would be ridiculous. Or what if it's delivered to the wrong place on accident? Do you get to keep that too? Good luck explaining either of these to a judge when the intent was never there to send someone something in order to get them to pay for it later. It was sent in error.
 
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On a side note, How do they keep track of iPhone stock? if you got someone else's order that was tied to their account, once they notify they didnt' receive it, would they flag the serial# or imei? or if the phone was never technically sold would that cause any problems in the future? I would be wary of selling it for these possible reasons.
 
I'm not a lawyer either but my thinking was that the link above referenced goods sent to someone on purpose. Meaning the intent was to send someone goods without their consent in order to later collect on the goods. There has to be a provision somewhere in the law saying if you accidentally sent someone something that they can't just keep it free and clear. This would be ridiculous. Or what if it's delivered to the wrong place on accident? Do you get to keep that too? Good luck explaining either of these to a judge when the intent was never there to send someone something in order to get them to pay for it later. It was sent in error.

I am no lawyer. However, that seems pretty clear to me. I understand your assessment that it seems wrong to keep something you didn't purchase and I tend to agree. The law seems to have pretty succinctly put the burden on the shipper/seller.

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.


Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. Although you have no legal obligation to notify the seller, you may write the seller and offer to return the merchadise, provided the seller pays for shipping and handling.​
 
I'm not a lawyer either but my thinking was that the link above referenced goods sent to someone on purpose. Meaning the intent was to send someone goods without their consent in order to later collect on the goods. There has to be a provision somewhere in the law saying if you accidentally sent someone something that they can't just keep it free and clear. This would be ridiculous. Or what if it's delivered to the wrong place on accident? Do you get to keep that too? Good luck explaining either of these to a judge when the intent was never there to send someone something in order to get them to pay for it later. It was sent in error.

It's very silly to assume this would ever get before a judge. A company isn't going to spend $25,000 on their lawyers to sue you over one phone they screwed up and sent out. This is far simpler than many are making it out to be. You can't be charged for the extra item, period. If they were stupid enough to try, you would instantly win disputing the charge. The retailer has to provide proof of purchase to make charges to your credit card, "our bad, we sent extras on mistake LOL" doesn't fly. I'm not here to preach morality, do whatever you want, but they don't have much recourse either way.
 
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