Legal Question in Consumer Law in Virginia

I received an item I paid for via the internet, which was faulty. I contacted the seller who told me I could call their number to arrange to ship back to them for repair. I managed after a lot of effort to fix the main faults in the original item so did not call to request the shipping label. The seller has now informed me they send a brand new replacement for it, which I did not ask for or expect. They emailed again to ask if I returned the original. Do I need to return the original in this case? I did not request a replacement item. I paid for item a and they shipped it and as far as I was concerned that transaction was complete. I would prefer not to ship either back as they are bulky and awkward to pack, and without fully testing out item b I wouldn't know for a week or two which one works better to keep. Does the second, unsolicited item count as unsolicited under the law that allows you to keep unsolicited items? It wasn't sent in error, I was the intended recipient and they confirmed they had shipped it to me.

Asked on 5/21/13, 1:31 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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No, of course, not. You will need in regard to this second item which you characterize as "unsolicited' to either pay for it or send it back to the seller (My opinion).

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Answered on 5/21/13, 7:05 pm

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