if i put $300 in the mail, and send it to you, and you keep it, is it theft? so how the hell can u tell this guy he's committing theft? if may be morally and ethically wrong sure, but he's not stealing. they are the ones that screwed up. sure he should send it back, but would you? honestly? if you thought you would never be charged for it? i doubt most of you would. how many ppl here are willing to jump on a hot deal that is clearly a pricing erro.... plenty if HD is any indication.
-Krugger
There is a difference on pricing errors. You are actually paying the price they set, not keeping something when you clearly didn't pay anything at all for it.
I don't see why there is such a big objection to sending it back. Come on. Yeah, it would be cool to have a free LCD. That's a no brainer. But you know it will catch up to you. That's a given. Just because Dell is a "large corporation" and people have resentment for corporate america doesn't mean that there isn't people with families working there. I mean, how would you feel if because of this one incident, someone got fired? Would you having an LCD somehow justify someone being out of work? Yeah, I sound a little extreme, but it's stupid that there is this much resistance to do what is right.
Good job for doing the right thing and sending it back. While it would certainly be a kind gesture of Dell to thank you somehow (although far from necessary), I'm sure that the feeling of doing the right thing was more gratifying than anything they could do.
BTW, tell me you popped that bad boy open and played with it for a day or two
hehehe
Cuda1447
Lifer
- Jul 26, 2002
- 11,757
- 0
- 71
I would say ship it back. But do not go to far out of your way to ship it back. If the company wants to give you a hard time about it then forget them. Your trying to do them a favor, don't go out of your way to do them a favor they don't deserve in the first place.
slag
Lifer
- Dec 14, 2000
- 10,473
- 81
- 101
Roger, I haven't read the entire thread, only the first page, but wanted to post this url:
http://www.state.ne.us/home/ago/unordered.htm
And here: http://public.findlaw.com/nllg/CONSUMER/
"UNORDERED MERCHANDISE
Merchants who send unordered merchandise violate the Federal Trade Commission Act. Unordered merchandise does not have to be paid for and, in most states, does not have to be returned. Contact the local postmaster or the Federal Trade Commission in Washington, D.C., when you receive offensive, unordered merchandise. The FTC has nationwide jurisdiction over deceptive, unfair marketing practices. Contact a local Better Business Bureau for advice and assistance if you receive unordered or substituted merchandise."
This doesn't say if they send it through the mail, this just says if they send unordered merchandise, then its yours. This means USPS, UPS, AIRBORNE, FEDEX, etc.
Now comes the confusing part. The purchaser did order the merchandise, but cancelled before the merchandise was shipped, so this is clearly the shippers fault.
In response to the original post, I found this information as well..
"THE UNORDERED MERCHANDISE I RECEIVED WAS APPARENTLY THE RESULT OF AN
HONEST SHIPPING ERROR. WHAT SHOULD I DO?
Write the seller and offer to return the merchandise provided the
seller pays for postage and handling. Give the seller a specific and
reasonable amount of time (i.e., 30 days) in which to pick up the
merchandise or arrange to have it returned at no expense to you.
Inform the seller that after the specified time period has passed,
you reserve the right to keep the merchandise or to dispose of it as
you wish."
I'm with slag. He recieved merchandise that he didn't order, which was apparently the result of an honest shipping mistake, and he offered the company "right of first refusal" to posession of the monitor. They denied it, and thus, the monitor is his legally. (As for writing a letter, I'm not a lawyer but I presume the phone call on his part would be just as effective.)
With all due respect, that's not a very intelligent or practical idea. Why should he have to spend his time (and therefore his money, presumably) on a potentially fruitless search for someone who could authorize a return? It's not as though he hasn't tried to return the product; or hasn't spoken to someone with the authority to take the monitor back. Customer Service representatives are agents of the company they work for, and have the legal power to authorize sales and returns. They have refused the return in this case.
Enjoy the monitor.
With all due respect, that's not a very intelligent or practical idea. Why should he have to spend his time (and therefore his money, presumably) on a potentially fruitless search for someone who could authorize a return? It's not as though he hasn't tried to return the product; or hasn't spoken to someone with the authority to take the monitor back. Customer Service representatives are agents of the company they work for, and have the legal power to authorize sales and returns. They have refused the return in this case.
Enjoy the monitor.
Keep it if they said that they don't see what you want to return its their fault. Just make sure that next time you order something for your comp that it is from dell, cause then you have given them some money for something and they have just thrown in a free lcd to sweeten up the deal.
Actually, legally speaking, this is true. If a company ships you merchandise that you did not request, it is considered a gift.
However, the ethics of keeping this are quite different from the legalities. He did attempt to correct the problem, but obviously spoke to the wrong person.
I would call again, ask to speak to a supervisor, and explain the situation and ask how to proceed. Get names and phone numbers of everyone you talk to.
That's exactly what I was going to say to all your posts that've went unheeded, Roger. We moan and complain about trolls in AT, but y'know, w/o posts like this, we'd never realize that the "trolls" that we despise are ppl that we wouldn't otherwise think were that way.
Weak, weak weak, people. I'd tell you all to grow a backbone and do the right thing, but apparently no one's had parents that could teach them what the right thing was. What a sad commentary for our country.
And sad that the people that want to do the right thing are in the minority. Oh, someone mentioned parallels with Iraqi looting as was taken to task for it. Well, this is just about as close morally as you can get. There's no difference- it's thievery, black & white.
edit: Hadn't read all of the posts when I posted. For the law, yes, I'd contact them once again like was suggested. Speak to a sup'v. Tell them the situation. Then tell the sup'v that they've got X amt of time to get the LCD, otherwise you will dispose of it at your discretion. Then you've tried your best and they've failed to make good on their end. Just my 1/2 cent worth.
Even if the item was not an LCD monitor that I wanted, but instead a Mary Kate & Ashley video game, I would not send it back in this situation. You cancelled the order, you tried to contact the company about returning it, but both failed to keep Dell in ownership of the item. It is not your obligation, morally or legally, to waste your time to give something back to a company who has rudely refused to accept it.
Your only evidence to back up your arguement is your definition of "the right thing." You refuse to acknowledge any reasoning, because your definition of "the right thing" apparently is more valid than ours.
Ill keep it and sell it on ebay. you didnt get charged for it, plus you'll get money for it double the bonus
Airborne is suppose to pick it up on Monday. However, what used to show my tracking number on their status page now officially shows that it has been cancelled. I still have the monitor! :Q:Q
Order Number: xxxxxxxxx
PL150-BK 15IN BLACK LCD, 450:1 CONTRAST
Where is My Order?
Your order has been cancelled. If you feel this is an error, please reenter your order number to confirm this status. Please contact your Dell Sales Representative for additional information regarding this order.
Order Number: xxxxxxxxx
PL150-BK 15IN BLACK LCD, 450:1 CONTRAST
Where is My Order?
Your order has been cancelled. If you feel this is an error, please reenter your order number to confirm this status. Please contact your Dell Sales Representative for additional information regarding this order.
how about you let him decide what is 'morally right' and 'morally wrong' and get off your soapbox. :evil:
ultimatebob
Lifer
- Jul 1, 2001
- 25,134
- 2,450
- 126
Your analogy doesn't match the situation mentioned here. A more fitting one would be "I sent you $300 in the mail BY ACCIDENT. If you know that what I did was an accident, and you decide keep the money anyway, is it theft?"
I'm not a lawyer, but ethically speaking the answer seems to be yes.
Guess you haven?t gotten it, ethics are irrelevant in this citation, people are talking about if it?s legal or not. Each person has his own ethics so u can't say something is ethical or not because everyone have there own ethics standards.
Yes, ev'one has their own personal ethics. That is exactly why we have invented those things known as laws- to save the honest ppl from those that have less morals than the rest of us. And, as the situation is, Dell clearly did not send the LCD monitor as a gift. If they had, he would know so and wouldn't be asking ev'one what to do in this situation. Amazing how something so simple is so difficult for some to understand. And it's thinking like this that backs up my point about problems with trading in AT right now. Going through this thread, it seems that there's only a handful of people with any sense of moral obligation. Makes me scared to buy anything off of here.
I wouldn't just send it back if they don't want it yet. What happens if they charge you later for it after you return an item that they can't credit your account with. If you feel guilty about it, just let it sit in the corner and wait till they fix their mistake, then return it.
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