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Offlinetitusxii
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Registered: 02/22/10
Posts: 4
Last seen: 14 years, 2 months
Accidentally received a package in the mail, can I keep it?
    #12079322 - 02/22/10 06:52 PM (14 years, 2 months ago)

Hi everyone. I know this post may not be entirely on topic, but in the past when I have had legal issues, I have experienced great feedback and support from the people of this forum.

Yesterday I received a package in the mail (shipped to me). When I opened it, it turned out to be a brand new vaporizer. I am familiar with the company that makes this vaporizer and have ordered a few parts from them in the past, but that's it. I did not order this particular vaporizer. Inside, there is an order form that says a certain "Sarah Wilson" paid for the vaporizer and it was apparently supposed to be shipped to her.

My question is legally am I allowed to keep the vaporizer? I don't have one and could really use one. I know that if a company sends me something in the mail by mistake (for example they thought I ordered an item), then I am legally entitled to keep the item so long as the company intended for me specifically to receive the item. Legally, the package is treated as a gift.

That is where I think this situation is a bit different in that upon opening the package (which I feel legally I was clearly entitled to do since on the outside it was addressed to me) I realized it was not meant for me after all. Do I have the right to keep it? I am thinking about calling up the company and just saying that I received it by accident and plan on keeping it since it was the company's mistake to ship it to me.

How could they have made an error in shipping? One explanation is like I mentioned above, I have in the past ordered from this company, so they have my address on file, so it's plausible they somehow sent it to me.

Another thing I could do is keep the package and just not call the company. Eventually, the real recipient, after having not received the package in a long time, would call the company and complain. They would then probably be able to track the package and realize they had mistakenly sent it to me. I am considering not using the product for a month or two just to make sure nothing like this happens. If the company does tell me to return the product, I can do so in its original state without having used it, so I wouldn't be in any legal trouble I suppose.

Any ideas on what to do? Thanks.

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Invisibleluvdemshrooms
Two inch dick..but it spins!?
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Registered: 11/29/01
Posts: 34,247
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12079344 - 02/22/10 06:57 PM (14 years, 2 months ago)

Quote:

titusxii said:
Any ideas on what to do?




I'm appalled you even need to ask.

Don't be a crook. Do the right thing and send it back. It was clearly a mistake.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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Offlinetitusxii
Stranger
Registered: 02/22/10
Posts: 4
Last seen: 14 years, 2 months
Re: Accidentally received a package in the mail, can I keep it? [Re: luvdemshrooms]
    #12079425 - 02/22/10 07:10 PM (14 years, 2 months ago)

I understand it was a mistake. Mistakes are costly. As long as the original buyer gets her vaporizer, I don't feel very guilty since it's the company's fault for sending it to me instead of her. Honestly, the easiest thing for me to do would be just to send it back, which I am probably going to do anyway since I enjoy this company's products and want to stay on good terms with them. As far as the legal aspect is concerned, however, what are the correct terms of this situation? It would be useful to know for similar situations that occur in the future.

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Offline2859558484
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12079434 - 02/22/10 07:12 PM (14 years, 2 months ago)

I doubt you would face any legal liabilities if you were to keep the item.
personally i would keep it.


--------------------

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OfflineGetTheFuckOut
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii] * 1
    #12079543 - 02/22/10 07:32 PM (14 years, 2 months ago)

i would give it to sarah wilson

you do have her addy on the purchase order, right?  or a phonebook handy?  surely she must be in your town if they flubbed the addy.

and hopefully she will smoke you out

or better yet

suck you off

:awesome:

its the right thing to do!  dont be a fucking thief.


--------------------
<
I have logged in this once so that I can set the "last seen" feature up.  let the faggots flow forth into OTD and have it.  Its funny how they all grew nuts after I left.  I'm not here, I'm not reading, but I urge you all to keep melting down over me.  I know, I hurt alot of people, and they deserved it.  epic win for me, epic fail for you. 

ythan, you rock dude.  i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival.
<

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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12079898 - 02/22/10 08:22 PM (14 years, 2 months ago)

Legally, it's yours, but do the right thing and send it along to the intended recipient.

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Offlinetripp23
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Re: Accidentally received a package in the mail, can I keep it? [Re: Le_Canard]
    #12079997 - 02/22/10 08:35 PM (14 years, 2 months ago)

yea, id go straight to her in person and give it too her to be honest. i guarentee she smokes you up! :yesnod:


--------------------
Experience my nightmarish first time of smoking Ganja!


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InvisibleLivioDoubleFang
Outlaw of the Midwest
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Registered: 06/29/09
Posts: 788
Re: Accidentally received a package in the mail, can I keep it? [Re: GetTheFuckOut]
    #12080050 - 02/22/10 08:41 PM (14 years, 2 months ago)

Give it to her, btw, GetTheFuckOut's comment about her sucking you off might actually happen...also, Karma might come back and haunt you if you dont give it to her.  It's always hard to make the decision, but surely if you do good, it shall be returned to you as well.


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"An eye for an eye makes the whole world blind"    -Gandhi

“I, as a responsible adult human being, will never concede the power to anyone to regulate my choice of what I put into my body, or where I go with my mind. From the skin inwards is my jurisdiction, is it not? I choose what may or may not cross that border. Here I am the customs agent. I am the coastguard. I am the sole legal and spiritual government of this territory, and only the laws I choose to enact within myself are applicable” - Alexander Shulgin

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Offline2859558484
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Re: Accidentally received a package in the mail, can I keep it? [Re: LivioDoubleFang]
    #12080083 - 02/22/10 08:44 PM (14 years, 2 months ago)

a true shaman would keep the vaporizer. But when he keeps it the company is just gonna resend to her correct address. In a win win situation both parties karma is in equilibrium.

The only party that loses is the company, and they are part of the new world order.


--------------------

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OfflineGetTheFuckOut
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Re: Accidentally received a package in the mail, can I keep it? [Re: 2859558484]
    #12081183 - 02/22/10 11:58 PM (14 years, 2 months ago)

:facepalm:


--------------------
<
I have logged in this once so that I can set the "last seen" feature up.  let the faggots flow forth into OTD and have it.  Its funny how they all grew nuts after I left.  I'm not here, I'm not reading, but I urge you all to keep melting down over me.  I know, I hurt alot of people, and they deserved it.  epic win for me, epic fail for you. 

ythan, you rock dude.  i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival.
<

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Invisibledanielx
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Registered: 10/13/08
Posts: 6,500
Re: Accidentally received a package in the mail, can I keep it? [Re: GetTheFuckOut]
    #12081266 - 02/23/10 12:20 AM (14 years, 2 months ago)

Quote:

GetTheFuckOut said:
or better yet

suck you off

:awesome:

its the right thing to do!  dont be a fucking thief.




--------------------
Long live kratom :kratom:

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InvisibleDieCommie

Registered: 12/11/03
Posts: 29,258
Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12081311 - 02/23/10 12:28 AM (14 years, 2 months ago)

Quote:

ToiletDuk said:
Legally, it's yours...




How do you figure?

I think you are obliged to return it, but not on your own dime.  The company needs to pay you to ship it back.

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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: Accidentally received a package in the mail, can I keep it? [Re: DieCommie]
    #12081394 - 02/23/10 12:53 AM (14 years, 2 months ago)

Nope, I've read of a similar case a while back. If a package arrives unsoliticed at your house via the USPS, it's yours and you are under no legal obligation to return it. But they may have changed the law by now. It's been a while.

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OfflineAser
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Re: Accidentally received a package in the mail, can I keep it? [Re: Le_Canard]
    #12081403 - 02/23/10 12:56 AM (14 years, 2 months ago)

I vote take it to her house and see where it goes from there.

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Invisibleluvdemshrooms
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Re: Accidentally received a package in the mail, can I keep it? [Re: Le_Canard]
    #12081656 - 02/23/10 03:21 AM (14 years, 2 months ago)

Quote:

ToiletDuk said:
Legally, it's yours, but do the right thing and send it along to the intended recipient.




Nonsense. Why people believe that wives tale is a mystery to me.

If a company deliberately sends you something you didn't order, that's one thing. Notice the word "deliberately"?

However:
"The mistaken delivery of property to an individual who realizes the
mistake and simultaneously forms the intent to steal the property at
the moment of receipt constitutes larceny at common law. W. LaFave &
A. Scott, 2 Substantive Criminal Law § 8.2(g) at 342-43 (1986).
Furthermore, where the individual does not realize the mistake at the
time of receipt but realizes it later and then forms the requisite
intent, there is a larceny as well."
http://www.armfor.uscourts.gov/opinions/1996Term/96-1167.htm

There are many similar state laws as well:

TITLE LXII
CRIMINAL CODE
CHAPTER 637
THEFT
Section 637:3
    637:3 Theft by Unauthorized Taking or Transfer. –
    I. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
    II. As used in this section and RSA 637:4 and 5, ""obtain or exercise unauthorized control'' includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.

Source. 1971, 518:1, eff. Nov. 1, 1973.

It's sad people believe they have the right to keep something in this situation. It's even sadder they don't do the right thing and send it back.

It was a mistake for fucks sake.

You are under no obligation to pay for shipping, but you need to let the company know.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

Edited by luvdemshrooms (02/23/10 03:29 AM)

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Offlinetitusxii
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Registered: 02/22/10
Posts: 4
Last seen: 14 years, 2 months
Re: Accidentally received a package in the mail, can I keep it? [Re: luvdemshrooms]
    #12081722 - 02/23/10 04:30 AM (14 years, 2 months ago)

Let me clarify the situation. I made it simpler above, but in reality it is a bit more complicated. I'm studying in college and this year I'm studying abroad and am currently not in the United States. The package arrived to my dorm address in the U.S. and hence to everyone suggesting I get in touch with the girl and even meet up with her so she can smoke me out among other things, that's not really possible since I'm abroad. Also, since I haven't seen her address, I don't know if she lives close to me or far away. I did a search for her at my college and on facebook and nothing came up. I have friends who could get in touch with her and even return the package themselves or mail it to the original recipient. I'm probably just going to get my friends to pick up the package and keep it at their place. They're not going to open it until I come back to the U.S. in the summertime. Or we might just return it to the company, still undecided...

I don't believe I have the right to keep the package. I just want to understand the legality of the issue.

Here is the link I was reading about: http://www.law.cornell.edu/uscode/html/uscode39/usc_sec_39_00003009----000-.html

Edited by titusxii (02/23/10 04:43 AM)

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Invisibleluvdemshrooms
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12081855 - 02/23/10 06:26 AM (14 years, 2 months ago)

The link doesn't apply.

The merchandise came to you by mistake. It wasn't mailed to you as a gift or a free sample. Nor was it mailed to you with the intention of getting you to pay for it.

Don't be an ass. Send it back. Not this summer. It should go now. All one of your friends needs to do is write "return to sender" on the box and leave it at the post office.

Do the right thing. It's sad you ever thought of doing otherwise.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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Offlinetitusxii
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Registered: 02/22/10
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Last seen: 14 years, 2 months
Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12081866 - 02/23/10 06:34 AM (14 years, 2 months ago)

I didn't post here to be morally criticized. Like I said, I am most likely going to return the package since it sounds like it's not legal for me to keep it. It's just really strange that I have been wanting this vaporizer for a while, and then it happens to be mailed to me. This is one of those "lucky" situations that I don't expect to happen for at least another 10 years.

Realistically, however, what are the chances that the company would try to press charges against me if I kept the package? Rather than pursue legal matters, I think they would first try to contact me by phone to see if I accidentally received the package. More likely though I think the original recipient would just say she never received her vaporizer and get a new one. I wonder if since the business this company operates in is a bit shady / underground in itself would cause the company to avoid pursuing any legal results to just work with me and the intended recipient directly.

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OfflineJockin John C
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12081874 - 02/23/10 06:47 AM (14 years, 2 months ago)

just keep it bro, weed is cheap and bitchs are free, but vaporizers cost a couple bucks :vaped:

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Invisibleluvdemshrooms
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Re: Accidentally received a package in the mail, can I keep it? [Re: titusxii]
    #12081888 - 02/23/10 07:01 AM (14 years, 2 months ago)

If you didn't want to be morally criticized, you should have sent (or had sent) the package back as soon as you realized what happened.

I mean really dude, what the fuck?

Had the package arrived unsolicited with an invoice inside, I'd laugh my ass off at the company who sent it and would encourage you to keep it. You'd be well within your rights to do so.

There should be no doubt in your mind what the right thing to do is. It's a shame you even have to think about it.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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