Shalom Rabbi
Before Rosh Hashana we had a delivery from one of the big supermarkets. they accidentally delivered us a big bag of someone else’s shopping.
I called them after Yom Tov to tell them about it. They said they’d pick it up but they never did.
They also were delayed in sending us groceries we ordered and paid for the delivery. After 3 straight days of calling them and them saying “it’ll be there in an hour” it finally arrived at a neighbor’s house, and I had to spend 40 minutes shlepping the stuff. We called many many times.
I can’t store this big bag in my spare room for long. What should we do with it? May we use the stuff and subtract 30 shekel for our own delivery fee and charge them a storage fee?
Thanks
Answer:
You can’t take payment for the storage; this kind of storage doesn’t really have a price, and you can’t take payment for it.
However, you can take some of the items for yourself if you want them, and you will have to pay the price of the things you use.
For the things that you don’t use, you can call the supermarket and inform them that if they don’t collect the items you will simply leave them downstairs. If they don’t collect the things you can carry out the threat.
You can subtract 30 shekels from the total you owe; three days is not normal delivery time, and it is ludicrous that you paid 30 shekels for delivery after three days.
Best wishes.
I’m not getting this… these people will not come and get their stuff. Why do I have to take it outside so other people can have it for free? Why can’t I keep it?
Can I call them and say, If you don’t come by the end of the day, I’m keeping your stuff, because I’d just put it outside anyway? (They said they’ll come in 1hour, just as they said before delivering our purchase.) Can I charge them poel batel for the time that I’ve had to deal with this, making phone calls (probably 12) and writing emails?
Thanks,
Let’s assume that the stuff belongs to the supermarket.
If you take it for yourself, you’ll have to pay – you received, and you have to pay for what you got. However, you can’t be made into a guardian against your will, which is why you have the right to place the stuff outside; if it gets taken, it isn’t your problem.
The time you spent was spent in trying to return lost property, and you can’t charge for it (unless you made an advance stipulation in Beis Din).
Best wishes again.
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