Shoplifting, Larceny, Robbery, Theft Is this considered theft?

[nikkigaff]

Hi there,
My husband and I ordered a mattress on Amazon (through 3rd party) last week and we were excited that FedEx showed up today (with what we thought was our mattress)... My hubby signed for it and we opened it up (unrolled the foam mattress and it inflated). We realized it was the wrong sz & brand! We thought it was just the sellers error and we laid on the mattress to see how comfortable it was, (knowing we could never get it rolled back up and shipped because it needs to be machine rolled and vacumme sealed)...
Later, we were putting the box away and noticed it had a different address (nearby) on the box!!!! We couldn't believe it and how ironic it was we were waiting on our mattress and got someone else's delivered!
My question is that since its a private FedEx (not US Mail) package that is already opened, expanded out, and used out of it's original packaging- can it be returned? Legally are we responsible for shipping it back somehow? Is it possible we can just keep it or would that be theft?
Thanks so much for any help!

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[mightymoose]

While it would not be theft in the traditional sense it likely would fit under some similar statute. You did not indicate your state so I can't say for sure.
This becomes more of a moral issue than a legal one. It would be very easy for you to contact FedEx and inform them of their error, or if the intended address is nearby as you indicated you could simply deliver it yourself with an explanation of the mistake.
Keep in mind if you intend to keep it FedEx could very easily determine where the driver was at the time of delivery with their GPS vehicle tracking.
Why invite trouble into your life? The mattress you ordered should arrive soon enough.

 

[zddoodah]

My question is that since its a private FedEx (not US Mail) package that is already opened, expanded out, and used out of it's original packaging- can it be returned?

I can think of no reason why that wouldn't be possible. However, rather than returning it, why wouldn't you simply contact your neighbor and tell him/her/them what happened and make arrangements for him/her/them to pick it up?

Legally are we responsible for shipping it back somehow?

You're going to suffer some inconvenience. Are you legally liable for shipping costs? No.

Is it possible we can just keep it or would that be theft?

Of course it would be theft to keep something that isn't yours.

 

[army judge]

My question is that since its a private FedEx (not US Mail) package that is already opened, expanded out, and used out of it's original packaging- can it be returned? Legally are we responsible for shipping it back somehow? Is it possible we can just keep it or would that be theft?
Thanks so much for any help!

This is all very simple to resolve, in fact it has happened to me a couple of times.

FedEx and UPS left packages at our home.

My wife is always expecting packages, and I just brought them inside, placed them in the spot we've designated for mail and such.

She opened them, and read the label, as the items inside wasn't hers.

One package belonged to a neighbor, and I just took it to the neighbor's home and explained.
The neighbor thanked me.

The other package was for an address several miles away.
I called Amazon, explained the mishap, they suggested I secure the package.
I received an emailed return label, and we dropped it in the post.

All you need to do is call Amazon, explain the package was opened by mistake because you were anxious to receive your shipment.

The rep will explain how to remedy the situation, which might be simply to keep it.

Mistakes regarding shipments happen everyday, no biggie.

Let us know what Amazon directed you to do to solve the package caper.

 

[nikkigaff]

This is all very simple to resolve, in fact it has happened to me a couple of times.

FedEx and UPS left packages at our home.

My wife is always expecting packages, and I just brought them inside, placed them in the spot we've designated for mail and such.

She opened them, and read the label, as the items inside wasn't hers.

One package belonged to a neighbor, and I just took it to the neighbor's home and explained.
The neighbor thanked me.

The other package was for an address several miles away.
I called Amazon, explained the mishap, they suggested I secure the package.
I received an emailed return label, and we dropped it in the post.

All you need to do is call Amazon, explain the package was opened by mistake because you were anxious to receive your shipment.

The rep will explain how to remedy the situation, which might be simply to keep it.

Mistakes regarding shipments happen everyday, no biggie.

Let us know what Amazon directed you to do to solve the package caper.

Thanks for your feedback.
Well this package actually came from Wayfair (tiny print on the label)... The problem also is that the mattress is machine rolled and vacumme sealed but once you open it, it expands to being king size & heavy (too heavy for us to bring over there and we don't have a truck). We don't have a box/bag that big to put it in either as the original has to be cut to inflate the mattress.
My hubby called FedEx and they said they're not taking responsibility & asked him to call Wayfair... Now Wayfair is deciding what to do.
Now, since we moved the mattress to our guest room (witch is too small for a king bed), we couldn't close the door completely and the cat snook in and must have washed herself on the bed and made a water mark on it! It's not yellow and it's very light but, noticeable if someone goes over it with "a fine tooth comb". I have a feeling our neighbor would want a new bed, sealed (as he ordered)...
We didn't ask for this bed or delivery. We thought it was ours. Yes we should have looked at the label but we trusted FedEx and were waiting on our mattress... Now it's become a big mess

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[army judge]

Thanks for your feedback.
Well this package actually came from Wayfair (tiny print on the label)... The problem also is that the mattress is machine rolled and vacumme sealed but once you open it, it expands to being king size & heavy (too heavy for us to bring over there and we don't have a truck). We don't have a box/bag that big to put it in either as the original has to be cut to inflate the mattress.
My hubby called FedEx and they said they're not taking responsibility & asked him to call Wayfair... Now Wayfair is deciding what to do.
Now, since we moved the mattress to our guest room (witch is too small for a king bed), we couldn't close the door completely and the cat snook in and must have washed herself on the bed and made a water mark on it! It's not yellow and it's very light but, noticeable if someone goes over it with "a fine tooth comb". I have a feeling our neighbor would want a new bed, sealed (as he ordered)...
We didn't ask for this bed or delivery. We thought it was ours. Yes we should have looked at the label but we trusted FedEx and were waiting on our mattress... Now it's become a big mess

Sent from my XT1710-02 using Tapatalk

Wayfair, Amazon, same-same....

You've put the matter in the hands of Wayfair, but this might help.

Amazon, Walmart Stores and Wayfair are among the companies offering "instant returns" on some purchases, Hills said, with money credited even before the item has reached the warehouse.

There's no return deadline on most items, with the exception of electronics, which must be returned within 90 days.

It is POSSIBLE, if one obtains the proper approvals, to return items purchased via Wayfair or Amazon through any Walmart Store.

You might wish to ask Wayfair about that option.
Wayfair will probably discard the mattress anyway.
Usually these retailers don't trust most customers to destroy the item.
In some cases, online retailers will authorize you to take the item to a local Salvation Army or Goodwill Store. The charity will then recycle the item to help people in need.

Just some thoughts. Good luck, Merry Christmas.