Purchased something from an Amazon seller. No notification that it was backordered and the shipping window comes and goes. I send a note asking whats up and they say, 'you should've received an email, we'll have more in stock soon, you can wait or cancel', so I decide to cancel the order and get a refund. Yesterday, the order shows up over a week after I'd cancelled.

Do I tempt karma or just send it back?

how can we answer without knowing what it is?

Good point. Sadly, not an order of bookers and hooze, rather a couple of lens wrenches, made in China.

Had it already shipped when you cancelled ?

(AK and HI can have some unique shipping parameters and dunno if they apply here )

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The error was on their part, so I say keep them, but maybe let them know what happened and offer to send payment again.

No, it hadn't shipped (or I'd not received any notification that it had, and they did not indicate that they'd shipped it in their reply).

I had that happen with OWC. IIRC, they were training someone, and sent me something. They thought they cancelled it. It arrived. I could actually use what they sent, so we worked out a deal so they didn't have to pay return shipping.

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the right answer is to send them a message and ask. If it's an inexpensive item, they may just tell you to keep it rather than deal with the hassle of paying return postage and restocking. If it's a more expensive item, they may have you return it. at some point, they'll discover the irregularity, but whether they do anything about it at that point is unknown. if you've covered your bases before that comes about, then you're in the clear.

It doesn't matter when you cancelled. You have entered into a quasi-contract, so you cannot legally (or in good conscience imo) keep them. If you do, you will have received "unjust enrichment" to which you will be expected to pay restitution.

You should contact them and have them arrange for them to be returned at their expense. They may say just keep them or you can offer them an amount that they are worth.

I agree with notifying the seller and offering to have it shipped back, but with a prepaid label they send you.

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August West
I agree with notifying the seller and offering to have it shipped back, but with a prepaid label they send you.

This sounds fair.

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Agreed... let them know. Shipments from China so often go wonky.

Karma's a b1‡¢h. Do the right thing. If you wanted them once, and have not yet purchased them somewhere else, offer to pay for them. If you have already purchased them somewhere else, ask for a prepaid return label so you can return them.

"You have entered into a quasi-contract"

Not if it was shipped AFTER you cancelled the order. Postal Regulations state that unsolicited items may be considered gifts. This was in answer to a problem several decades ago where unscrupulous mail order companies would send out unordered "stuff" and then dun the "customer" for payment. I wish the Federal Do Not Call List worked as well as this law (Receipt of Unsolicited Merchandise; [postalinspectors.uspis.gov])

Morally, you might want to send them an email advising that, AFTER you cancelled the order, said merchandise WAS shipped to you. I would tell them either A) since you cancelled, you no longer need or want the item and you will be happy to return it upon receipt of a pre-paid mailer or, B) if you still want said item, you can offer to pay for it.

As per the link above, you are NOT legally bound to return or pay for it. This is an opportunity to show what a great customer you are and / or for the seller to show how good their customer service is.

Well I've sent a note to them and will see what they reply.

Thanks for that info testcase. It's a good point but I don't think it would apply in this case.

The wrenches were not sent unsolicited. They were sent in error. The OP has a business relationship with the seller even if they haven't transacted business. Of course, the OP is not liable for paying for them because the merchant's offer to cancel was accepted, but he can't keep the item.

And somewhere, an angel gets its wings:

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Their response:
Thank you for letting us know, I will get a return label out to you ASAP.

You done good.

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