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Wrong gpu sent!

andybird123 said:
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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You order a £1 pack of sweets.

You're sent £50,000 worth of diamonds by mistake.

Based on the advice given in this thread you're entitled to:

a) keep the £50,000 worth of diamands and
b) demand your £1 bag of sweets

Good luck with that one when you end up in court.
 
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.
 
Again its fairly simple, without meaning to be rude both Andy's are completely incorrect on their interpretation of unsolicited goods. The law is not on your friends side, at all, its an error.

I noticed someone, but can't remember who without going back a page, said essentially "big mean company gets to keep another £80 added to their £100k's of profits".

Firstly, almost every half decent shipping company keeps a record of who ships every order, so the mistake will be tracked down to someone in a pretty much minimum wage job, who could end up either, £80 out of pocket themselves, or fired(maybe deservedly so, maybe they make mistakes constantly), the point is thinking of it as a faceless rich corporation is ignoring how most business's work. The person responsible, likely the picker or packer will get an earful over it, not the big boss with a cushy salary.

Secondly, companies go bankrupt all the time, a competitor of OCUK who were bought out after essentially going under were maybe the nicest company around(and yeah, I worked for them for a bit), did our best to help everyone. Just because its a computer parts company doesn't mean either, they are making any profits, that the £80 doesn't matter.

The fact is, for the majority of their customers, its that customers choice to install something themselves, or pay someone else to do it, they don't know that the guy has no choice but to do this, if they ASSUMED everyone who bought a £200 graphics card paid £40 to have it installed, should they offer £40 cash every time someone makes a mistake? Their response is a default and fair one, best ever service, not really, its their mistake and well my previous owners would cross ship it out, simple as that, so collect and deliver at the same time, or if someone had trouble installing things themselves and would pay for someone to do it as the OP's friend would I wouldn't have had any issue approving a 7850 to be sent out first and get the 7870 after it was sent back.

But how can they offer that, if they don't know about it, as said, mistakes happen, and as much as your friend got screwed, its in no way the companies fault that and they don't know that your friend has paid an extortionate amount for a tiny piece of work.

If he doesn't want to tell them, which I completely understand, then the company haven't asked for anything unreasonable.

You could see if anyone on the forums might be willing to help with that cost, as in, if someone lived locally maybe they'd be willing to go around and take the card out for him and go around to put the new one in when he received it. People on here can be surprisingly nice sometimes.
 
tommybhoy said:
Although it's not quite like that Surveyor, from my last post, he is entitled to keep them.
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We'll have to agree to disagree on that.

There's a difference between something sent by mistake and something deliberately sent that you didnt ask for.

Anyway, I hope this comes to an amicable conclusion.
 
I ordered a full system from a competitor approx 7 years ago. This included motherboard, graphics card, ram, cpu, 2 hard drives etc. Cost roughly £800. They then gave me awful customer service & I found them very rude on the phone. When the big box of everything finally arrived the delivery guy gave me 2 big boxes. Turns out they doubled up the whole order. Down to their lack of customer service & how rude they were I decided not to call them. I never did hear from them so a month later it went to a well known auction site.
 
Does it not seem reasonable that the customer who had no intention of installing the card as he had paid a fee for that to be done for him, might not have realised that the item delivered was wrong as it was merely awaiting the technician to arrive and install it?

Therefore "Dear etailer, thanks for informing me that the item sent was incorrect. I would be happy for your technician to return and swap the item correcting your mistake at a time mutually suitable at no cost to myself"
 
@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!:D
 
drunkenmaster said:
Secondly, companies go bankrupt all the time, a competitor of OCUK who were bought out after essentially going under were maybe the nicest company around:eek:(and yeah, I worked for them for a bit), did our best to help everyone.:confused: Just because its a computer parts company doesn't mean either, they are making any profits, that the £80 doesn't matter.
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Not that London company, begins with M. Not that great a company. Bunch of idiots. People working without much knowledge.
 
tommybhoy said:
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
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Don't do this. Tell them you wan the 7850 delivering and the guy can pick up the 7870 at the same time. You've already been inconvenienced enough due to their mistake, asking you to go without a GPU for a week on top is just taking the Michael.
 
tommybhoy said:
@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!:D
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I know what your point is, I just don't happen to agree with it.

But there's nothing to be gained discussing it further.

I hope your cousin gets it sorted in an amicable fashion.

There's no reason that shouldn't be possible if both parties are reasonable about it.

Your cousin sounds like he's a reasonable chap and I'm sure the etailer will be reasonable when they're aware of all the circumstances.
 
whether you agree or not is irrelevant

I have just spoken to the FSB (federation of small business) legal helpline, of which I am a member, and told them a customer of mine is in a similar position and they have confirmed that as it's not a wrong delivery (in as much as the courier took it to the wrong address), as my warehouse put their name on the box, it is unsolicited goods and I either send the correct item or cancel the order and refund their money in full... if the customer is willing to accept it as a substitution then that would actually be quite gracious of them if they are aware of their rights

Surveyor, call citizens advice and ask them if you don't believe me, because getting legal advice from wikipedia is just... well...

moral of the story, if you are in the sweetie / diamond selling business, you best have a process in place to make sure as hell you don't get the 2 pick-n-mixed up

as tommy's cousin is a human being and not out to rip them off to the tune of 2 graphics cards, I would suggest if he feels really bad about it then explain that he's already paid to have the card installed (he has an invoice for the install I take it?) and that they either let him keep the card or send an engineer at their own cost to test, remove and replace the wrong card (although he has no legal compunction to do so)

personally, I would tell them to poke it (in slightly polite wording) and if they get nasty then demand my money back as well

they are on a hiding to nothing as the card is already used they can't sell it as new so what is the point of getting it back anyway, they are just being spiteful, I would forward the email to trading standards anyway, as they are demanding payment for an unsolicited item
 
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If someone knows NOTHING about computers then paying £40 for installation isn't so bad.

That's obviously if they check all of the following:

Case airflow conditions
Sufficient PSU
Driver conflicts with a previous GPU
Installation, drivers etc etc
Running temps

Why people always try to **** on the IT industry annoys me. You wouldn't hear someone say 'That Plumber charged you £100 for removing a toilet when it's as easy as undoing a few screws and switching the water off' would you?

It's not just opening the case and plugging it in is it
 
Ask the company that as your cousin had to pay to have the card fitted, that they send an engineer (with replacement card) round to check that the current card works, and they fit the new card and check it works.

It's a reasonable request and if the company value customer service, one I would hope they would accept, leaving your cousin with no downtime.
 
^
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.
 
chipachap said:
No it's not, it never is.
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It really is that simple. I mean I know I've pulled out my fair share of graphics cards and even built a small handful of complete systems from boxes of components but before that, little me just wanted to upgrade his graphics card and I bought one from the horrible men in purple shirts and installed it.
 
Rusty0611 said:
It really is that simple. I mean I know I've pulled out my fair share of graphics cards and even built a small handful of complete systems from boxes of components but before that, little me just wanted to upgrade his graphics card and I bought one from the horrible men in purple shirts and installed it.
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All my friends have PC's and out of roughly 5 or 6 custom builds only one has never had a problem or a BSOD, which equates to about 65% with some sort of problem somewhere from faulty boards, cards, RAM to corrupt OS, bad drivers or other, so you're telling me it's as simple to plug and play? It's a PC not a console in fairness.

Everyone I know has had some sort of hardware problem and most won't attempt it for fear of voiding warranty or breaking other delicate parts, you must be one of the 1% (exaggeration) who never had a problem. I spent 2 weeks trying to fault find my 570 when I first built this pc and it broke my heart.
 
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