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Wrong gpu sent!

Soldato
Joined
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Under The Stairs!
My cousins just off the phone asking me advice on a problem he has.

Last week he ordered a 7850 from an etailer(not OCUk!), unbeknown to him(genuinely), he received a 7870 by mistake.

He was then charged £40 from a local PC shop to come to his house and install card/drivers.

He was contacted today with an apologetic email about a mix up at the warehouse and they would be happy for either a swap or he pays the difference with a discount of £15.

He can't afford the extra cost as he was already at his limit regarding purchase price, the PC shop are willing to come and swap over the card for £20 as they are aware there was a mistake.

Any advice on where he stands and what he should do?
 
Seriously....(I have nothing nice to say here so have filled it with other words)
He should have checked his bank if the correct money had been taken out (7850 price) then He should have kept quiet and enjoyed the free upgrade!!

now I suspect he will have to pay the difference or return.
 
Well seeing as he's spent £40 to get it fitted he'd be better off just paying the difference, can't you or anybody else lend him the money?

It's his fault really because he should have checked the card was correct before even opening it let alone getting it fitted.
 
He should have checked his bank if the correct money had been taken out (7850 price) then He should have kept quiet and enjoyed the free upgrade!!

To clarify he ordered and paid for a 7850.

He was sent a 7870 by the etailor.

They contacted him to inform him of their mistake on their part.

He physically can't change anything inside a PC case himself whether he wanted to or not due to a disability, he has no option but get someone out to do it for him.
 
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whats the legal stance on this? what if he cannot remove it and has to pay £40 to ahve it removed and another £40 to have it refitted!
 
Well you are in a strong position here.....I'd explain to the etailer that the item has been opened and used.....they now cannot sell the item as a new product.....thus they will loose money when they sell it on again as its a 2nd Hand Product.

If they have invoiced you for the cheaper one, then they are in their rights to take it back, BUT if you say you have been using it.....the value of a used resale maybe be less than the cheaper model.....so if you are clever, you can keep the better one, without paying any extra.
 
I would fully be expecting the eTailer to take the hit on this after your mate has payed to have it installed 'professionally'.

Tell them they can have the card back but will have to send a tech to do it or pay for the local place to do so.
 
My cousins just off the phone asking me advice on a problem he has.

Last week he ordered a 7850 from an etailer(not OCUk!), unbeknown to him(genuinely), he received a 7870 by mistake.

He was then charged £40 from a local PC shop to come to his house and install card/drivers.

He was contacted today with an apologetic email about a mix up at the warehouse and they would be happy for either a swap or he pays the difference with a discount of £15.

He can't afford the extra cost as he was already at his limit regarding purchase price, the PC shop are willing to come and swap over the card for £20 as they are aware there was a mistake.

Any advice on where he stands and what he should do?

Yes, tell them to get bent.

That falls under the unsolicited goods act.

About 18 months ago I bought an Alienware predator case from a company I deal with in Ireland. It was to basically use up s**** parts and build into a PC to sell. Alienwares when fully built sell for stupid money.

Any way, the case came with the damage it was described with. Few marks here and there. A week later the doorbell goes and I get this.

aw2.jpg


Two more :rolleyes:

Not that I was complaining. I contacted the company and they said just keep them. Figuring this was a bit too kind I decided to ask a friend of mine who is a solicitor.

It falls under the unsolicited goods act. Basically if you are sent the wrong product the company must offer you a full refund. You are not obliged in any shape or form to send it back but you can if you want to at their expense.

What the unsolicited goods act basically explains is that if something arrives at your house that you didn't want or pay for then you don't have to send it back. It now belongs to you, as it was sent to you.

So I guess it just depends on morals really.

Me? I did the right thing. I contacted them and offered them the chance to have them collected by courier. They said no, and apologised for sending them to me, telling me to do as I wished with them.
 
http://en.wikipedia.org/wiki/Unsolicited_goods

Criminal Liability of the Sender

Under the Consumer Protection Regulations 2000 it is a criminal offence to:
Assert a right of payment for the goods.[4]
Threaten to take legal action with regard the goods.[5]
Threaten to Place the recipients name on a 'black-list'.[6]
Invoke or threaten to invoke any collection procedure.[7]
This is important as if the individuals is not aware that they have legal title to the goods, they may unjustly enrich the sender. The fine amounts up to Level 5 on the standard scale, besides the first offence which is measured up to Level 4 on the standard scale
 
Why doesn't he just email back and say that he paid £40 to get it fitted as his disability prevents him from doing so etc etc

They will probably just tell him to keep it as a goodwill gesture.
 
http://en.wikipedia.org/wiki/Unsolicited_goods

Criminal Liability of the Sender

Under the Consumer Protection Regulations 2000 it is a criminal offence to:
Assert a right of payment for the goods.[4]
Threaten to take legal action with regard the goods.[5]
Threaten to Place the recipients name on a 'black-list'.[6]
Invoke or threaten to invoke any collection procedure.[7]
This is important as if the individuals is not aware that they have legal title to the goods, they may unjustly enrich the sender. The fine amounts up to Level 5 on the standard scale, besides the first offence which is measured up to Level 4 on the standard scale

Isn't this where it falls down though?

but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them

He had a contract with them it's not like the item was sent out of the blue.

I'd just pay the difference, the minute you remove the card it's £40 wasted... see if the retailer will give him some time to pay the difference or accept £5 a week or something?
 
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