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Wrong gpu sent!
- Thread starter tommybhoy
- Start date
This. I wouldn't pay a penny more. Either blag them to let you off as its now open and used and would have to be sold at a cheaper price anyway, plus the cost of having the card fitted.
I'd let them know it's completely inconvenient for you to change the card due to their mistake, but they are welcome to it if they are willing to send out the correct card, and pay for the fitting of the new card and removal of the old, plus all shipping costs.
I'm sure they'll soon realise it's not worth the effort to chase up.
I agree with everything you've written there. But non of that requires the item to be unsolicited, that all falls under the DSR and SOGA.
Also non of those stores can legally demand you pay shipping for returned items (if the error is at their end), its up to them to rectify the situation. Or have you pay and then refund the cost of shipping.
There's no way on Earth i'd pay to send something back that wasn't my fault
This. Common sense really.
The etailer made an error and sent out the wrong card.
The etailer can ask for the card to be returned, or price difference paid. They can't force or demand that you do. The error was with the etailer and not the customer.
The difference is if in a shop I pick up an expensive item and swap the packaging with a cheaper item, then the customer is liable.
Stand firm, and say NO. That was your error and not mine.
The etailer can ask for the card to be returned, or price difference paid. They can't force or demand that you do. The error was with the etailer and not the customer.
The difference is if in a shop I pick up an expensive item and swap the packaging with a cheaper item, then the customer is liable.
Stand firm, and say NO. That was your error and not mine.
I agree with everything you've written there. But non of that requires the item to be unsolicited, that all falls under the DSR and SOGA.
Also non of those stores can legally demand you pay shipping for returned items (if the error is at their end), its up to them to rectify the situation. Or have you pay and then refund the cost of shipping.
There's no way on Earth i'd pay to send something back that wasn't my fault
No it doesn't fall under DSR. DSR have no sections about unwanted items at all. Nor does it tell you what to do in those circumstances.
And I would imagine that is because it falls under the unsolicited goods act. IE - distance selling involves delivering things to houses. If something turns up at your doorstep that you didn't order it's unsolicited.
http://webarchive.nationalarchives....38102.html#Q5WhatshouldIdoifthegoodsarefaulty
Is the DSR.
It's quite easy to see that anything that arrives at your doorstep that you didn't order is very simply unsolicited.
So there are no laws on sending wrong items, and I would imagine that's for a reason. Quite simply if the wrong item arrives it's not what you asked for, nor ordered, thus it is unsolicited.
Even if that happens unless they fit the new card for free he's still going to be £20 out of pocket after paying the PC shop to install the new one.
If it were me I'd just accept that it's as much my fault as it is theirs for not noticing and try to pay the difference, if that's absolutely not possible then try to pursuade them to collect and reinstall the new card for free and explain that you'll be out of pocket otherwise.
Sure they are
.15 % discount well, assuming a price difference of £50 that means your friend owes the company 42.50. You say they will charge 20 quid for replacing/reinstalling the item. But you don't want to do that.
I would explain to retailer:
It is not my fault you made the mistake. If I want the item replaced ASAP you would have to to pay for next day delivery (£10) as well as (£10) for pickup of this card despite the fact that this card is now open, installed and in use. I think you can get at least 30% from them at which point your friend needs to come up with £35. I'm not taking the mic but if times are hard ask to pay it in installments! It is their mistake!
Last edited:
Caporegime
- Joined
- 18 Oct 2002
- Posts
- 33,188
Unsolicited goods has no bearing here, Alxandy the company you ordered from had every single right to ask for the cases back, the only stipulation being it had to be at YOUR convenience and THEIR cost. They CHOSE to let you keep them, that is an entirely different matter.
Legally the £40 to install it is neither here nor there, its very bad luck and the company don't HAVE to do anything but they could. If you explain the situation to them that he's disabled and therefore had to pay the only local PC guys to install it for him(thereby having no real choice but to pay whatever they asked) so he'd be out of pocket. Most companies in this situation would most likely be less anal about it and let him keep it and eat the costs themselves.
if they do try to screw him, firstly have them send the correct card first so that if he has to pay someone again it can be one call out and one fee, and post a thread about their unfair treatment on every forum you can find.
Ultimately a bad company is a bad company and if they want to screw people let everyone know but don't assume they are, assume they don't know the situation and that if explained they might be more willing to let it go.
Ultimately mistakes happen and that is part of life and they usually cost someone something, the customer, the company or the individual who made the mistake.
I can understand them asking for some of the difference, unfortunately the card cost is fairly significantly different when really these cards should be £25 apart and they'd almost certainly happily let him keep it.
So, fire off an e-mail mentioning, the cost of shipping two cards £10, that he's disabled and can't afford the cost of the higher card and that due to that disability he already had to pay £40 to have the card installed and would cost more again to have it removed and the correct card installed. They will most likely see sense and be nice about it and let him keep it as is.
For most people its a 5 minute remove/add card job, and letting the company absord £10 in shipping costs to swap them out, a relatively small mistake and so in the majority of mistakes this is what happens, so that will be their default way to handle mistakes. Explain the problems and I'd be surprised if they weren't good about it.
Legally the £40 to install it is neither here nor there, its very bad luck and the company don't HAVE to do anything but they could. If you explain the situation to them that he's disabled and therefore had to pay the only local PC guys to install it for him(thereby having no real choice but to pay whatever they asked) so he'd be out of pocket. Most companies in this situation would most likely be less anal about it and let him keep it and eat the costs themselves.
if they do try to screw him, firstly have them send the correct card first so that if he has to pay someone again it can be one call out and one fee, and post a thread about their unfair treatment on every forum you can find.
Ultimately a bad company is a bad company and if they want to screw people let everyone know but don't assume they are, assume they don't know the situation and that if explained they might be more willing to let it go.
Ultimately mistakes happen and that is part of life and they usually cost someone something, the customer, the company or the individual who made the mistake.
I can understand them asking for some of the difference, unfortunately the card cost is fairly significantly different when really these cards should be £25 apart and they'd almost certainly happily let him keep it.
So, fire off an e-mail mentioning, the cost of shipping two cards £10, that he's disabled and can't afford the cost of the higher card and that due to that disability he already had to pay £40 to have the card installed and would cost more again to have it removed and the correct card installed. They will most likely see sense and be nice about it and let him keep it as is.
For most people its a 5 minute remove/add card job, and letting the company absord £10 in shipping costs to swap them out, a relatively small mistake and so in the majority of mistakes this is what happens, so that will be their default way to handle mistakes. Explain the problems and I'd be surprised if they weren't good about it.
Can you find the law that proves it?
Because nowhere under the DSR does it cover wrong or unwanted items.
You could well be right. But, sadly Etailers and retailers make up their own rules.
Mates rates would obviously be 'a drink' but as a business I'd be charging at least that as well. And as a job well done, it wouldnt be 5-10 minutes.
That's normal though.
Call out fee plus <1 hour work.
If you are doing it for family/friend and don't really have to put yourself out, then yes it does seem like a lot. In the real world though, £40 is a decent price for fitting a graphics card and installing drivers.
Tell him to email the shop back, explaining the situation, they will just say keep it.
I'm sure in the SoGA or DSR there is something about the retailer refunding shipping costs.
Ah ha here we go:
www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
So if the items delivered aren't what you ordered the business has to pay for their return. Either directly, or indirectly via a refund.
What are you talking about, how can it not be a job well done in 10 minutes? you can hardly do a bad job of fitting a GPU.
Next time tell him I will fit it for £35
http://whatconsumer.co.uk/what-are-my-statutory-rights/
It is what you expected?
Secondly, if you have bought something on the basis of the seller’s description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. This is still the case even where you have selected or examined the items for yourself before buying them.
Infact, this can quite easily be fitted under DSR not as described.
http://www.bbc.co.uk/watchdog/consumer_advice/consumer_law_sale_of_goods_emp.shtml
The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.
The goods must be:
as described
of satisfactory quality
fit for purpose
And they are clearly not as described.
It is what you expected?
Secondly, if you have bought something on the basis of the seller’s description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. This is still the case even where you have selected or examined the items for yourself before buying them.
Infact, this can quite easily be fitted under DSR not as described.
http://www.bbc.co.uk/watchdog/consumer_advice/consumer_law_sale_of_goods_emp.shtml
The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.
The goods must be:
as described
of satisfactory quality
fit for purpose
And they are clearly not as described.