Wrong gpu sent!

[tommybhoy]

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?

 

[tommybhoy]

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.

 

[tommybhoy]

Ok folks, wasn't expecting this kind of reply, first off I'm trying to contact him to forward me the email they sent.

Afaik, they are paying for the postage, he's a pretty stand up guy and knows there was a genuine mistake.

Just looking to find out where he stands.

He won't use his disability as any leeway at all, he hates that sort of thing.

 

[tommybhoy]

@butchis and others, the price charged is ok imo, they are a business, they are trying to make a living after all, I wouldn't work for nothing, as I assume everyone else doesn't work for free.


Straight from the email, (prices and names ommitted):

> Re: Issue of wrongly serialised Graphics card.
>
> Goods Invoiced for: 1 x LN44033 2GB MSI HD7850 TwinFrozr OC £***.** + vat.
> Goods Received: 1 x LN44034 2GB MSI HD7870 TwinFrozr OC £***.** + vat.
>
> I can confirm that upon an investigation by our warehouse department it has been confirmed we have received a mixed batch of graphics cards, in which the 7850 and 7870 cards were mixed up.
>
> I sincerely apologise for any inconvenience caused. At this stage we can resolve the issue in one of the following ways:
>
> 1. Collection of the incorrect graphics card and replacement with correct one. Turnaround for returns = approx 1 week.
> 2. If you wish for a quicker turnaround, you could order a replacement 7850 this could be delivered tomorrow, we could then collect the incorrect graphics card for a full refund.
> 3. Collection of the incorrect graphics card and refund in full of £***.** + vat
> 4. If you wish to keep the drive received, it should be a further payment of £75.01 + vat, however I can discount this to £61.76 + vat if you would like to keep the graphics card received.
>
> Any carriage charges will of course lie with us, as we do acknowledge and appreciate this is our suppliers/goods in serialising error.
>
> I would like to assure you that whichever course of action you chose to go with we will ensure a prompt and efficient resolution. We do apologise sincerely for any inconvenience this oversight may have caused and thank you in advance for your co-operation.
>
> Best Regards,

 

[tommybhoy]

I can't change the card as he lives 200+ miles away, so that's out of the question.

Whether the local PC shop is rubbing their hands or not isn't really the issue, I think it's a good gesture that they are willing to go half price for doing it again, they could have charged the same again.

Look at the big picture folks, I wouldn't go and do it for free if I was phoned up and asked about it for a customer, it's a business not a charity: premises-rental-rates-car payments-tyres-petrol-insurance-servicing-tools-advertising-time=money.

The way they have worded the email, what happens(regardless who removes the gpu) if something breaks upon removal, not just counting the gpu but other components could be damaged.

It's not uncommon for something to snap off somewhere, there is always an element of this happening with any part in a PC, so who foots the bill?

1. Should he be left without a gpu for a week at a cost of £20(gpu out)+£20(gpu in)?

2. He doesn't have the funds for this option.

3. He needs a card as his old one was sold.

4. Can't afford it.

I have told him not to reply to the email yet but he will probably reply late tomorrow.

 

[tommybhoy]

@Scougar,
from the link Andybird123 sent:

'When you shop by distance sale you have certain legal rights covering what you can do if you receive goods or services that you have not ordered or requested. These are known as unsolicited goods and services.

You can keep the goods

The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for.

If you receive goods you have not ordered, you can treat the goods as an unconditional gift and you can do what you want with them.'

According to the exact wording of that quote, he is entitled to keep them, and in theory probably be within his rights to demand the item he paid for too(although I know for a fact he won't do that, he's genuinely not that type of person).

I've informed him of the findings by you guys at the forum and sent him the links.

He's going to sleep on it but I fear(from what he told me) he will just give them the card and even take the hit for the call out too.

In my business, we would contact the customer and tell them they struck it lucky due to our error and we would take the hit as it was plainly our error, not the customers and by doing so would probably give us a guaranteed return customer for quite some while.

Once again thanks for everybodys input especially ALXAndy and andybird123 BUT I'm still going to disagree with you both when I think you two are talking *****!

I will update the post when I find out any more.

 

[tommybhoy]

Although it's not quite like that Surveyor, from my last post, he is entitled to keep them.

As I said it's looking like he's going to take the hit, but we'll see what happens.

Also forgot to thank the guys with the kind offer to go and fit the gpu, he wouldn't let anybody do it for him(for reasons I won't go into) but he asked me to thank everybody who offered their services, help and advice given.

 

[tommybhoy]

@drunkenmaster,

I know what you are saying, as I said earlier although yourself and others think it's an extortionate amount of cash to install the gpu, it's not, I'm in that line of work and I would charge similar for a call out.

I run a business with my brother over 2 premises in Scotland, it is extremely tough making ends meet, once you add up all the costs involved we don't earn very much at all and when you take the recession into account it's getting harder by the month to keep the business open.

You would literally be quite shocked if I told you my salary.

On the matter of the wrong gpu being sent out, he didn't notice the box said 7870 instead of 7850, just like the packer who should know.

Imo, they should send out the replacement item first without billing my cousin along with a cheque for £40 to pay for replacing the card, this is what he should be entitled to, nothing more, nothing less.

They only want to do the one week turnaround due to testing the 7870 to make sure it's in working order before sending out the proper card, as I said earlier, what if it breaks, what happens then?

Pc guy says 'it's not my fault, shoddy card you must have got mate' another can of worms?

He certainly isn't wanting something for nothing but he's the one that's receiving hassle for something that in no way is his fault.

He also wouldn't want anyone to be fired out of this either even if it was some guy that couldn't give a **** about his work and the hassles he causes.

@Surveyor,

My point was that from what I gather, from the government guidelines, that's what looks like he would be entitled to do, but there is more chance of xsistor and rroff switching to AMD than my cousin going down the route of keeping the card and ignoring them or demanding they sent out the 7850 too!

 

[tommybhoy]

^
Exactly.

I can change my front brake pads on my car at a total cost of £18 for replacement pads or £32 for genuine parts, the dealer wants £75(on special offer I may add), do the maths!

Anyway, update to the situation is as follows:

He has sent off an email pointing out that the cards been used for a week and it can't be sold as new, suggesting he pays the difference minus the discount+£30 fitting, if they don't find it acceptable he has told them to send out a qualified engineer to remove the card and wants a full refund with no further custom from himself in the future.

I shall inform of the outcome.

 

[tommybhoy]

***Update***

He received an email yesterday informing him that what he suggested was unacceptable and they are now going to automatically charge his credit card the full extra amount on the 16th!



He replied via email requesting them not to withdraw any payments as it's unacceptable/unauthorised and to send a qualified/insured engineer round to remove the card and give him a full refund.

 

[tommybhoy]

No they wouldn't because the SOGA protects against that, in this case the item was clearly sent mistakenly. Part of the problem here is that he did not check the item before paying for it to be professionally fitted, which is why imo he should accept some of the responsiblity for this outcome and meet the etailer half way.

What he offered, imo, he has been more than reasonable with them:

He has sent off an email pointing out that the cards been used for a week and it can't be sold as new, suggesting he pays the difference minus the discount+£30 fitting, if they don't find it acceptable he has told them to send out a qualified engineer to remove the card and wants a full refund with no further custom from himself in the future.

He tried to meet them half way, it's the etailer who's not willing to budge, in fact they have now withdrawn the discount offered.

At the end of the day, they won't get another sale out of him now, his yearly purchases from them are at least 2+ grand's worth, he's positively raging with them.

 

[tommybhoy]

An earlier post said they were taking the extra money on the 16th, did anything happen?

Andi.

They sent an email (16th) saying that items were picked(as if you actually ordered it) and awaiting payment.

He ignored that email and checked his cc account for any unauthorised payments, there was no payments taken, then today he has just received an email informing him just to keep the card as a gesture of goodwill:

'Following a meeting with our management regarding this matter I raised your query with him, based on the facts you have given and also the fact a technician would be required to remove and install a replacement he has agreed as a goodwill gesture for you to keep the card you were sent in error at no additional cost.'

Problem solved and he's happy now.

Thanks for all the replys(even the daft ones that made me laugh).

 

[tommybhoy]

In my opinion he's as guilty for this outcome as the retailer because he did not (supposedly) check that it was the correct item before paying to have it installed, MORALLY the right thing to do would be to pay the difference with the discount offered and solve the dispute with both parties satisfied with the outcome. Perhaps that is too mature a thing to do this day and age?

I shall quote this yet again:

He has sent off an email pointing out that the cards been used for a week and it can't be sold as new, suggesting he pays the difference minus the discount+£30 fitting, if they don't find it acceptable he has told them to send out a qualified engineer to remove the card and wants a full refund with no further custom from himself in the future.