I placed an order with an online retailor for a computer. After a week
of them not shipping it I canceled the order, and they credited my
account. However, a few weeks later I received the computer from them
anyway. Am I legally obligated to return the computer to them? Or does
this fall under the unsolicited goods laws?

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Request for Question Clarification by weisstho-ga on 01 Dec 2005 15:43 PST

Hello,

I was going to dive in but a proper answer with all various aspects of
the Uniform Commercial Code would be a big undertaking.

Suffice it to say that, no, I don't think that it would fall under the
unsolicitied goods law (which, if I recall my law school class on this
topic only applies to the U.S. mails).

There are various parts of the UCC that deal with situations like
this. In each of them you would be required to notify the seller of
your intent NOT to retain the goods. You are then charged with the
responsibility of "storing" the "goods" safely until the seller
arranges to pick it up. Seller is liable for storage fees, insurance,
shipping, and all other costs attendant to the transaction.

In the unlikely event that this is a sufficient answer, let me know!  

Call 'em. Be cool. Their mistake. Their costs. You'll do the right
thing and put it in their box.

Maybe there is a discount?

Good Luck!

weisstho-ga

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Clarification of Question by wicksom-ga on 02 Dec 2005 09:20 PST

I called them up 3 days ago and they said they would get UPS to pick
it up. However they have their own time frame and havn't gotten UPS to
do it yet. How long do you think I have to "store" the "goods" for?

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Request for Question Clarification by weisstho-ga on 02 Dec 2005 11:41 PST

Welcome to the highly certain and definitive area of UCC law!

The statutes refer to a "reasonable time."  Now I suppose the reason
that they did that is because what is reasonable for strawberries is
different than the time for scrap iron.

The key is that you notified them. Ball is squarely in their court.
Would it be reasonable after a month to claim that they abandoned
"their" property?  Yeah, probably.

This is an area without bright line rules. You have to look at general
patterns of conduct.

weisstho-ga

The computer was not unsolicited.  You asked them to send it to you
and you agreed to pay for it.  It is obviously their mistake in your
favor.  It is up to them to ask for the money, but if they do, I think
you are obligated to pay.

Let's not forget the moral thing to do here.

Now if only I could figure out what that is...