Received two items instead of one

[Trei]

I ordered an item from an overseas company total value of $153. This was ordered on November 2016 but only arrived January 30 2017, due to the company's shipping problems.
I only ordered 1 item but received 2 items instead. One was marked as a sale item and one was marked as a sample item. Can I legally keep the items if the company won't arrange for shipping and handling for the item to be sent back?
I already contacted them about it, and they were grateful by my honesty. However it seems that the intended recipient of the item is in Europe and it would cost $150 via AusPost to send it.
How long do I have to give them to arrange the return before I can legally claim it?

 

[Rod]

Good to hear of some honesty

I understand your issue to be: someone else made a mistake and you should not have to pay to fix their mistake.

And this is true. There is no hard and fast answer to your question as it depends on various factors like cost, rarity, size, location of seller, location of buyer, perishability etc.

A court would look at 'what is reasonable in these circumstances'. For something under $200, parties not close, I'd say something more than 30 days, probably less than 90 days. To cover yourself you should tell the other party in writing they have 60 days to arrange for the collection of the item else it will be considered to be abandoned goods. Abandonment rules are decided on a state by state basis.

You do not want to be in the situation where the other party accuses you of theft by 'finding'.

 

[Trei]

Thanks for the reply Rod. I have informed them that I have no problems sending the item back. It just seems like they have no means to arrange shipment for it ie reply paid postage. I will wait for them to communicate with me again and inform them that if they want the item back they would have to arrange shipment and cost as I cannot cover it and wait to be reimbursed for it (nor do I have to). I waited more than sixty days for the item, so I guess I'll give them the same time frame.