Wow I find this part of the post pretty poor tbh.
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Wrong gpu sent!
- Thread starter tommybhoy
- Start date
Wow I find this part of the post pretty poor tbh.
Dont think anyone has mentioned warranty ?
If the delivery note/order/invoice says 7850 and its a 7870 then if the 7870 goes faulty there is no proof of purchase and might have problems with warranty.
If it was me and the etailer was being funny about it I would just say I have done some checking and legally I can keep the card, however out of a gesture of goodwill if you arrange for a courier to bring me a new 7850 they can then pick up the 7870 ?
Also could the OP not fit the card for their cousin and save the money or do they have any friends ? Do they live on their own as its not hard for someone to swap cards like has been said. It takes less than a minute.
The local PC shop must be rubbing their hands !
If the delivery note/order/invoice says 7850 and its a 7870 then if the 7870 goes faulty there is no proof of purchase and might have problems with warranty.
If it was me and the etailer was being funny about it I would just say I have done some checking and legally I can keep the card, however out of a gesture of goodwill if you arrange for a courier to bring me a new 7850 they can then pick up the 7870 ?
Also could the OP not fit the card for their cousin and save the money or do they have any friends ? Do they live on their own as its not hard for someone to swap cards like has been said. It takes less than a minute.
The local PC shop must be rubbing their hands !
Soldato
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Sounds like a 'scam'
That is stupidly cheap, I guess you don't do it for a living.
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.
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.
It is incredibly unfortunate that the wrong card turn up, and then had to be paid to be fitted.
I take it your cousin has a receipt for the fitting etc? I would get that sent to the etailer to prove he is not having them on, and he will be significantly out of pocket due to their error. The fact that he may be without a card for a while (depending on option chosen), is neither here nor there.. this happens, and he will have to either work a solution out with the etailer or deal with it.
Given that your cousin is disabled (disability doesn't mean incapable of fitting a card, so that will have relevance), you might find a friendly forum member willing to go above and beyond if they are local, once the other card arrives, so he won't have to pay anything above what he already has paid.
ALXAndy> This OP's (cousin) situation is different to yours. You received a product just fine in line with the contract. You then received two more cases that were not part of the contract, hence your ability to use the unsolicited goods act if you so wished. In my opinion, this is incorrectly supplied goods and the act does not cover this, he is still obliged to pay for or return the incorrect item.
BTW.. 'driver wise' changing the card won't make one bit of difference.. it should just be turn off, remove, pop back in with the power leads into it, turn on
You should not need to pay for driver reinstalling etc.
So.. that leave's us with:
What area of the country does your cousin live, and would his disability actually make it nigh on impossible to physically change the card himself.
I take it your cousin has a receipt for the fitting etc? I would get that sent to the etailer to prove he is not having them on, and he will be significantly out of pocket due to their error. The fact that he may be without a card for a while (depending on option chosen), is neither here nor there.. this happens, and he will have to either work a solution out with the etailer or deal with it.
Given that your cousin is disabled (disability doesn't mean incapable of fitting a card, so that will have relevance), you might find a friendly forum member willing to go above and beyond if they are local, once the other card arrives, so he won't have to pay anything above what he already has paid.
ALXAndy> This OP's (cousin) situation is different to yours. You received a product just fine in line with the contract. You then received two more cases that were not part of the contract, hence your ability to use the unsolicited goods act if you so wished. In my opinion, this is incorrectly supplied goods and the act does not cover this, he is still obliged to pay for or return the incorrect item.
BTW.. 'driver wise' changing the card won't make one bit of difference.. it should just be turn off, remove, pop back in with the power leads into it, turn on
You should not need to pay for driver reinstalling etc.So.. that leave's us with:
What area of the country does your cousin live, and would his disability actually make it nigh on impossible to physically change the card himself.
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How can you say that he should have known that he received the wrong card straight away? You assume a certain level of knowledge which wasn't expressed in the OP.
I know quite a few people who use PCs but couldn't tell you the first thing about them except that they like X/Y/Z. They often ask me about what the buy for an upgrade. If I recommend product X and they order it I highly doubt they would know that they had received product Y so readily.
Maybe if the OP was the person who bought it you might think they had such knowledge given they were a member on here but I think otherwise it's a bit unfair to assume this.
As for the etailer, it's their mess I would have them rectify by sending a courier to pick it up and drop of the card originally purchased! Oh and if the cousin lives near me I'll fit it for free! Bloody ridiuclous people being blamed for other people's mistakes!
I know quite a few people who use PCs but couldn't tell you the first thing about them except that they like X/Y/Z. They often ask me about what the buy for an upgrade. If I recommend product X and they order it I highly doubt they would know that they had received product Y so readily.
Maybe if the OP was the person who bought it you might think they had such knowledge given they were a member on here but I think otherwise it's a bit unfair to assume this.
As for the etailer, it's their mess I would have them rectify by sending a courier to pick it up and drop of the card originally purchased! Oh and if the cousin lives near me I'll fit it for free! Bloody ridiuclous people being blamed for other people's mistakes!
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Soldato
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http://www.adviceguide.org.uk/engla...services_you_didnt_ask_for_distance_sales.htm
According to the government website, if they sent the wrong item, you are entitled to keep it (although it is reasonable if you notice it's wrong to contact them for them to collect it)... however in this case, I would say to your cousin to tell them that he didn't notice and as such it is unsolicited goods and he's already paid to have them installed so they can't have it back but he is willing to accept it as a substitute
quote this link to them in the email
if they threaten to charge him or whatever, quote this page again and tell them that he will contact trading standards and not only keep the 7870 but also demand the delivery of the item he did order which is the 7850
they would have to take him to small claims to try to get the extra money (which will cost them more than the price difference) and actually in court the judge will hate on them for being so clearly in breach of the DSR's that he will award your cousin to keep the 7870 and also get a 7850 out of them plus costs
According to the government website, if they sent the wrong item, you are entitled to keep it (although it is reasonable if you notice it's wrong to contact them for them to collect it)... however in this case, I would say to your cousin to tell them that he didn't notice and as such it is unsolicited goods and he's already paid to have them installed so they can't have it back but he is willing to accept it as a substitute
quote this link to them in the email
if they threaten to charge him or whatever, quote this page again and tell them that he will contact trading standards and not only keep the 7870 but also demand the delivery of the item he did order which is the 7850
they would have to take him to small claims to try to get the extra money (which will cost them more than the price difference) and actually in court the judge will hate on them for being so clearly in breach of the DSR's that he will award your cousin to keep the 7870 and also get a 7850 out of them plus costs
Correct, I don't do it for a living but I don't particularly enjoy it either.
IMO tell them it is their error and tell them it is up to them to sort out and rectify the situation as it is at the moment - if they can, it will mean sending a qualified technician to come and remove the card and then send you a new one.
If they offer to do this, you may have to wait a little bit, but a least you have done the 'right' thing.
Whatever they say, refuse to pay any more money, it is not your responsibility to pay out any more money than you originally intended as it is their error.
Chances are they will end up not bothering as the card is used and resale value would be reduced anyway.
Will be interested to hear the outcome but please insist to your friend not to pay any more money and insist the company sort out the error. If they are willing to remove and collect at their cost then I think that's reasonable enough IMO
If they offer to do this, you may have to wait a little bit, but a least you have done the 'right' thing.
Whatever they say, refuse to pay any more money, it is not your responsibility to pay out any more money than you originally intended as it is their error.
Chances are they will end up not bothering as the card is used and resale value would be reduced anyway.
Will be interested to hear the outcome but please insist to your friend not to pay any more money and insist the company sort out the error. If they are willing to remove and collect at their cost then I think that's reasonable enough IMO
It is only referring to goods you didn't order. He ordered from the company and they sent the wrong item, it's not quite the same legal position. If he hadn't ordered and they sent him something.. then that would be different.
Other than that, it's pretty off to try and "gain" from the situation.
Soldato
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no it's not, read it carefully, it specifically says that when your order something online, the distance selling regulations give you rights, those rights are that if they send you something you DID NOT ORDER, as in this case, they can't make you send it back, they can't charge you more for it and they can't even tell you it is a subsititution unless they ask your permission FIRST
think about it, otherwise I order a 10 pound graphics cards, they send me a 500 pound graphics card and they then send me a bill for 490 quid... clearly that would be wrong and it's the same principle here even though the products are similar, they have no right to insist he pay more than he originally gave them rights to - in fact the law goes even further and says not only is he entitled to keep the item HE DID NOT ORDER, but he can rightfully ask for his actual order to be sent as well
Visit www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 08454 04 05 06
I only run a distribution company, so what would I know about consumer law
morality and law have very little to do with each other... the moral thing to do would be to just tell them that he accepts the card as a substitution... the legal thing to do would be to keep the 7870 and demand a 7850 on top
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Soldato
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+1 for calling up citizens advice, by all accounts they are a very useful service and will confirm exactly what your cousins rights are in this situation.
IMHO the best outcomes are either (from my unqualified understanding of the law):
- The seller agrees to let him keep the better card with no extra charge and will honour warranty claims
- The seller offers to pay for labour of swapping over the graphics cards, so they can get back the more expensive card.
(i.e. with either of these outcomes your cousin gets a working PC without much downtime and without paying any extra).
IMHO the best outcomes are either (from my unqualified understanding of the law):
- The seller agrees to let him keep the better card with no extra charge and will honour warranty claims
- The seller offers to pay for labour of swapping over the graphics cards, so they can get back the more expensive card.
(i.e. with either of these outcomes your cousin gets a working PC without much downtime and without paying any extra).
I think you're getting mixed up here.
Unsolicited goods are not the same as what has occured in this case.
If I sent you a £500 graphics card that you hadn't ordered and then demanded payment then that would be unsolicited goods.
If I sent you a £500 graphics card after you ordered a £10 graphics card then that isn't unsolicited goods. It's a simple error.
The parties in this case need to come to a mutually agreed solution in which the purchaser is at least not left any worse off than if the error hadn't occurred.
Indeed, so their email is a cunning trap. They send you a list of options. You don't do your homework, reply and say "Oh go on then I'll take option (insert number here)"
And you're screwed.
I wouldn't even reply. I would contact my CC company and reverse the payment, showing them the email.
Soldato
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I suggest the OP call citizen's advice rather than trust wikipedia for legal advice
the legal definition of deliberately sent is that the box is addressed to the recipient... delivered by mistake means that the box was addressed to 5 acacia avenue and it was delivered to 15 belgravia street... in this case the box was delivered to the correct address, but the contents were not the contracted item, so it was unsolicited goods
otherwise you are saying it's okay for me to order a 1 pounds pack of sweets and recieve 50,000 pounds of concrete and it's okay for them to bill me 49,999 pounds for the concrete, which is clearly bobbins
the legal definition of deliberately sent is that the box is addressed to the recipient... delivered by mistake means that the box was addressed to 5 acacia avenue and it was delivered to 15 belgravia street... in this case the box was delivered to the correct address, but the contents were not the contracted item, so it was unsolicited goods
otherwise you are saying it's okay for me to order a 1 pounds pack of sweets and recieve 50,000 pounds of concrete and it's okay for them to bill me 49,999 pounds for the concrete, which is clearly bobbins
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@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.
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.