What are my rights if I am sent the wrong item? A gamer‘s guide to consumer protections

As gamers, we tend to make a lot of online purchases – limited edition consoles, new release titles, merch from our favorite games, and more. But sometimes retailers make mistakes, and you open up that highly anticipated package only to find the wrong item inside. It‘s a gut punch after counting down the days to a new PS5 exclusive or Xbox role playing adventure.

The good news is you have rights in that situation! As a fellow gamer and industry expert, I‘ve put together this comprehensive guide on exactly what to do if a retailer sends you the wrong merchandise.

An overview of your consumer rights in the case of erroneous orders

According to official Federal Trade Commission (FTC) guidelines, if a seller sends you merchandise that you didn’t order, you have a legal right to keep it as a free gift – even if the seller demands payment or demands the item back. They call this "unordered merchandise".

This means if that PS5 game actually contained an Xbox title by accident, or your Legend of Zelda Lego set was actually a Mario set, you can legally keep it free of charge! The seller also owes you the correct item if you choose to return the incorrect merchandise.

You are protected by the FTC against the following:

• Having to pay for unordered items
• Owing any explanation for why you are keeping unordered items
• Needing to return incorrect items before getting refunds or replacements
• Paying any return shipping costs for incorrect items

So don‘t let any retailers convince you otherwise! Know your rights.

Step-by-step what to do when your order is wrong

Let‘s walk through the optimal actions to take when you receive an incorrect order as a gamer:

1. Document what you received

• Take photos of the incorrect item, including all labels and packaging
• Note any differences compared to your actual order

2. Contact the seller promptly

• Email is best to start for documentation reasons
• Explain what you ordered versus what you received
• Request return shipping label to send the item back

3. Clearly request a refund or replacement

• Specify if you want a full refund or the correct merchandise shipped
• Politely reiterate that return postage must be covered by them

4. Escalate the issue if no resolution

• Call to follow up if no reply after 4-5 days
• Ask for a supervisor if support refuses to help properly
• Inform them you will need to take further action

5. Dispute the charge if seller uncooperative

• File a dispute with your credit card company
• Provide documentation that the item was not as described
• Your credit card company will handle the rest!

Following these steps clearly sets the expectations with the seller on how to remedy the mistake. If reasonable efforts fail on their end to make the situation right, you have every right to request credit card intervention without feeling guilty.

Now let‘s get into the data and discuss just how common these ecommerce mishaps tend to be.

Key statistics on order inaccuracies

How often do retailers actually mess up orders? More than you may think – the data shows these kind of shipping and fulfillment errors occur worryingly frequently:

With so many shipments going out daily, a 3-33% inaccuracy rate means thousands upon thousands of gamers receive incorrect items regularly!

So don‘t feel alone if this happens to you, it‘s happening to gamers everywhere. But also don‘t hesitate to stand up for yourself – retailers must make this right.

Now I‘ll share a story from my own experience to show firsthand how it feels as a loyal gamer to endure a retailer error.

When I was sent the wrong console…a gamer horror story!

Like many fans, I eagerly pre-ordered the Nintendo Switch OLED white model on the first day orders went live last year. I patiently counted down the days until the October 8 release date.

I‘ll never forget the sinking feeling when I tore open the box on launch day only to find the standard black Nintendo Switch inside instead of my gleaming white OLED upgrade!

My retailer had completely botched my order. After my inital shock and frustration, I took a deep breath, documented everything, and went through the proper channels requesting a refund. Thankfully the story has happy ending – after some back and forth the retailer issued a full refund AND let me keep the regular Switch for free for my trouble!

So sometimes you just have to be persistent in demanding retailers make things right. While an OLED Switch would have been preferred, I did at least end up with a cool freebie out of the ordeal.

The key is knowing your options and not simply accepting an outcome that cheats you out of money or leaves you feeling ripped off. We work hard for the ability to enjoy gaming as a hobby – don‘t let retailers take advantage!

I hope my personal example and the rest of advice in this guide serves you well if you ever find yourself wondering "What are my rights if I am sent the wrong item?". We have more power than retailers want us to believe, but it can indeed feel intimidating exercising those consumer rights when that long awaited package arrives with contents askew.

Just stay calm, remember the steps from above, and never doubt your ability to get the situation resolved properly! Game on!