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Wrong gpu sent!

In 1998 the store I ran had a £27.50 plus VAT minimum service charge. We were the cheapest in South London.

That was in store. Callout? £150+ vat for the first hour.

If the guy went to Tommy's cousin's house and charged £40 that's not bad going at all. Infact, time you factor in petrol and all that it's very reasonable indeed.
 
This is the way I would approach it:

Contact the etailer and tell them that I didn't notice the card I received wasn't the one I ordered (same box type, same manufacturer presumably, not much difference between model numbers HD 7870 2GB and HD 7850 2GB).

Explain to them the personal circumstances (unable to remove/reinstall the card myself) and the quote from the PC shop to swap the cards out (£20).

Ask that the etailer pays me £20 (or they pay the PC repair shop directly/find someone else to carry out the swap), ships the originally requested card out first (7850) and arranges for pickup of the "wrong" card themselves after the swap has been carried out (so that I have no downtime). Alternatively, I keep the "wrong" card.

I believe the law is very much on your side, specifically the Sale of Goods act, and if the seller wants to recover the "wrong" card, then they will have to meet your requirements. Since after all, it is not your cousin who is in the wrong here - it is the seller and your cousin shouldn't have to spend his own money and time resolving the seller's error.
 
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ALXAndy said:
That's if the consumer has cancelled and order and the goods arrive.

Tommy's cousin hasn't cancelled anything.
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I'm not refering to Tommy, i'm refering to what you said here:

ALXAndy said:
See also - I won't order from a pile of Etailers because if I get a faulty item they expect me to pay to send it back. So let's say I entered a contract with a company, received damaged or broken items and wanted a refund I would not be prepared to pay £8 for a courier and end up £8 out of pocket because they sent me a damaged or faulty item.

I think a lot of Etailers need to realise this, and stop passing their customer service costs onto the customer. And pack up using 0871 numbers also. Why should I have to pay to fix a mistake they made?
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What I'm saying is, none of those etailers can legally make you pay to return damaged or broken items. The law says they can't.

Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?

3.57

If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.
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It's classes as 'cancellation' but it actually applies to situations where the item you receive isn't what you asked for, or isn't up to standard, or is broken etc. whatever, if for whatever reason the item doesn't match what you ordered they (the store) have to pay shipping costs. Simple as that.
 
Xire01 said:
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.
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To do a proper job would take at least 20 minutes to physically install the card and then sit there and download the latest drivers for it and install. Unless they live next door, they'd have to incur the expense of driving to them. Then they have all the other overheads that a proper business has.

If you want to do this as a business, you couldnt do it for less than £40 and still be around this time next year.
 
:eek:

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 said:
:eek:

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.
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And who is recouping the cost of having it installed? Disabled or not, he's out of pocket now!
 
He doesn't have to mention disability at all. The mere fact he's £40 out of pocket from having the card fitted is the only leeway he needs, plus the inconvenience of having to have someone come and remove the card and box it up, and the downtime while he waits for the correct card to be delivered, and then the cost to have the new card fitted again.

I would bring all of those points to their attention before he does anything.
 
tommybhoy said:
He won't use his disability as any leeway at all, he hates that sort of thing.
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That is fair enough, but it may be worth he at least mentions something to the shop - just so they understand where he is coming from (i.e. he isn't being awkward or taking advantage of their mistake - instead he will genuinely be out of pocket if they ask him to swap over the cards).
 
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PiKe said:
And who is recouping the cost of having it installed? Disabled or not, he's out of pocket now!
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There was a part of the thread that sort of covers it. He can then claim for damages, which would cover his £40.

Serious hassle though.

I'm waiting to see what comes of this. I too had issues with the company and they were not resolved. I never bought from them again.

Be interesting to see what comes of this.
 
What a massive faff, he can use his disability as an excuse because if it wasn't for that he would probably have fitted it himself, there is such a thing as being too proud.
 
PiKe said:
What a massive faff, he can use his disability as an excuse because if it wasn't for that he would probably have fitted it himself, there is such a thing as being too proud.
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His disability is no excuse. Not unless he has no arms and legs. And even if that was the case that part of it is certainly not their problem. Not unless he pointed it out in full and they came to an agreement with him pre sale.

I fully understand how he feels. Using a disability to gain an advantage in any given situation is like sitting on the street begging for money.

The absolute last way you should ever treat some one who is disabled is to treat them as if they are disabled.

It's nothing to do with being proud, it's more about not wanting to be thought of as incapable.

Using it as a guilt trip is terrible.
 
According to my interpretation of the law goods sent by mistake are not unsolicited goods. However when the etailer asked for extra payment then it became unsolicited goods. It's probably best if he explains the situation to them and they'll probably let him keep it.
 
Krono5 said:
According to my interpretation of the law goods sent by mistake are not unsolicited goods. However when the etailer asked for extra payment then it became unsolicited goods. It's probably best if he explains the situation to them and they'll probably let him keep it.
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To be honest with you when I read Tommy's OP I figured it was some small backstreet cowboy outfit.

Now that I know just who it was I find it utterly shameful that they are acting in this way.

Let's put it this way, this is one of the top five PC part etailers in the UK. Not some small outfit who will go bust over the sake of £80 or whatever it is.

The very fact they contacted him in the first place over it is incredibly insulting IMO. If they need to nickle and dime like that then they are clearly a bit two bit and I would never buy from them again.

Although what am I saying? I never buy from them any way due to a terrible experience two years ago.

They wanted to argue the toss at 10p and minute over goods that were not as described, then they screwed me out of £15 both ways shipping and a "testing fee".

What they didn't do was look at how much stuff I had ordered from them in the past and realise that maybe they shouldn't try using their bible of BS on me over £20 or so.

But nope. Was far more important for them to be right and get their testing fee.

Mugs. In the two years since I have spent approaching 4 grand on PC components. And not a penny of it has gone to them.
 
just keep the 7870 and ignore them,its their fault they sent you the wrong card,they will keep trying to lure you in with discount vouchers ect but dont,i had similar thing happen when they failed to get my signature for an expensive hifi,they kept ringing me offering vouchers if i came into the store and sign the purchase agreement,without that signature they couldnt charge me monthly payments for the stereo
 
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