A bonus from Apple? Where do I stand?
#1
A bonus from Apple? Where do I stand?
I've got a question for you...
I ordered a Shuffle directly from Apple along with a couple of accessories. The total cost was about £100. Two packages arrived today (addressed to me) - one contained one of the accessories, and the other contained two completely different accessories that I had not ordered. And a 30GB iPod. Where do you think I stand, legally? Am I expected to return the un-ordered items?
Obviously I would like to keep the iPod, and use it or sell it on as it is worth much more than the Shuffle that I ordered. But I am also the sort of person to do things properly - and if that means sending the iPod back then so be it. But I'd rather not alert Apple unless I should!
What do you think?
I ordered a Shuffle directly from Apple along with a couple of accessories. The total cost was about £100. Two packages arrived today (addressed to me) - one contained one of the accessories, and the other contained two completely different accessories that I had not ordered. And a 30GB iPod. Where do you think I stand, legally? Am I expected to return the un-ordered items?
Obviously I would like to keep the iPod, and use it or sell it on as it is worth much more than the Shuffle that I ordered. But I am also the sort of person to do things properly - and if that means sending the iPod back then so be it. But I'd rather not alert Apple unless I should!
What do you think?
Last edited by TJG; 13 February 2006 at 05:54 PM.
#3
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Slightly immoral, but I'd look at keeping it and keeping quiet about it. If they do happen to find out, tell them that you thought it was part of an offer that you may have missed - it's easy to play dumb.
I doubt they'll go bankrupt over one misplaced iPod, though, which soothes the conscience a little.
I doubt they'll go bankrupt over one misplaced iPod, though, which soothes the conscience a little.
#4
That's what I'm thinking for now - keep hold and keep quiet. They certainly won't go bankrupt over something like £100! Looking through their T&Cs doesn't reveal anything about getting the wrong goods where you receive items of a higher value - just a "please telephone..." so that they can see if you are entitled to a no delivery charge swap, etc.
#5
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Hold on to it. At the end of the day, they have no proof as to what you actually received unless you opened the package in front of deliver guy / post man. There are thousands of incidents a day when people recieve empty boxes or the wrong item, think of it as a victory for the little guy!!!
And it's not immoral, it might be a bit of bad luck on their packing front, but I wouldn't fret for one second about keeping it. Sell the shuffle, keep the ipod.
And it's not immoral, it might be a bit of bad luck on their packing front, but I wouldn't fret for one second about keeping it. Sell the shuffle, keep the ipod.
#6
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It's not yours. You haven't paid for it. They haven't knowingly given it to you. It doesn't belong to you and the right thing to do as you well know is to call them and inform them of their mistake.
Is that what I'd do... yes everytime. I sleep well on it.
Is that what I'd do... yes everytime. I sleep well on it.
#7
if i recall , unsolicited goods, belong to the company not you..
however you must give them warning that the goods are unsolicited, and give them notice to collect, if after 6 months they dont collect, then i believe the goods become yours..
Mart
however you must give them warning that the goods are unsolicited, and give them notice to collect, if after 6 months they dont collect, then i believe the goods become yours..
Mart
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#8
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its not immoral
Mistakes happen - I bet if Apple had sent out less than the OP had ordered he'd be straight onto them ranting about how he's been ripped off and demanding what he paid for.
Correct thing to do is tell them, they should arrange to get the incorrect goods collected at their expense. You will then rightfully have what you have paid for.
#10
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Originally Posted by mart360
if i recall , unsolicited goods, belong to the company not you..
however you must give them warning that the goods are unsolicited, and give them notice to collect, if after 6 months they dont collect, then i believe the goods become yours..
Mart
however you must give them warning that the goods are unsolicited, and give them notice to collect, if after 6 months they dont collect, then i believe the goods become yours..
Mart
#11
Originally Posted by GC8
You only get good title to the goods where you have notified the company of their mistake. If you dont then the good remain Apples property and you will be liable to make them available on demand for a long long time...
mart
#12
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Alright, hands up, I may have typed that a bit sharpish!
It certainly won't build moral character.
However, in the grand scheme of things.........
It could lead to your life falling apart, on the other hand, a la Earl Hickey.
It certainly won't build moral character.
However, in the grand scheme of things.........
It could lead to your life falling apart, on the other hand, a la Earl Hickey.
#13
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Originally Posted by 2000TLondon
It could lead to your life falling apart, on the other hand, a la Earl Hickey.
#14
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So it's bad if it's a small company but OK if it's a big one coz they can afford it It's the same as someone bumping into your nice car and going 'well, they've got a nice car, they can afford to fix it' and driving off without leaving their details.
Should you keep the device or not is up to you. However, they may be able to trace the mis-order to you (they do keep records you know) in their daily/weekly/monthly/yearly checks and ask for it back (or the monetary value). If you must keep it, keep hold of it (don't use it as it scratches easy so they'll know if you've been using it) for a fair while (a few months) by when they'll have known or not their error. If you contact them, they may even say keep it (insist you send it recorded/signed/couried for at their expense).
Personally, I don't care if you keep it or not, it's up to your concience. Put it this way, are you the sort to bump into someones car and drive off just cos someones not seen you?
Should you keep the device or not is up to you. However, they may be able to trace the mis-order to you (they do keep records you know) in their daily/weekly/monthly/yearly checks and ask for it back (or the monetary value). If you must keep it, keep hold of it (don't use it as it scratches easy so they'll know if you've been using it) for a fair while (a few months) by when they'll have known or not their error. If you contact them, they may even say keep it (insist you send it recorded/signed/couried for at their expense).
Personally, I don't care if you keep it or not, it's up to your concience. Put it this way, are you the sort to bump into someones car and drive off just cos someones not seen you?
#15
Fair comments, thank you. I asked the question because I was interested in what other people think. ScoobyNet often has good and balanced discussions about things. I was particularly interested if anybody had had a similar experience. It certainly doesn't mean that I will follow to the letter what somebody else would do
After taking the time to think about it (and listening to what other people think helps to think through all possibilities), I will be contacting Apple to let them know of their mistake. (I'll wait until the morning to phone them as they are shut now.)
And no, I wouldn't just drive off if I bumped somebody's car
After taking the time to think about it (and listening to what other people think helps to think through all possibilities), I will be contacting Apple to let them know of their mistake. (I'll wait until the morning to phone them as they are shut now.)
And no, I wouldn't just drive off if I bumped somebody's car
#16
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On the other side of the coin, who remembers the companies that used to send you books in the post, and when you didn't return them, they send you a bill in the post. If you didn't pay that - black mark on your credit rating.
You steal actors earnings recording programs from the TV illegally, making backups of CD/DVD, but I don't hear the moral outcry from the man on the street.
Keep the ****, and get a point against da man
You steal actors earnings recording programs from the TV illegally, making backups of CD/DVD, but I don't hear the moral outcry from the man on the street.
Keep the ****, and get a point against da man
#17
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Keep it! Sod what everyone else thinks
My mate returned an Apple laptop, then they credited him, then sent a replacement. They forgot to charge until 3 months later (last week), now he's gutted ! lol
They might catch up with you though!
My mate returned an Apple laptop, then they credited him, then sent a replacement. They forgot to charge until 3 months later (last week), now he's gutted ! lol
They might catch up with you though!
#18
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Originally Posted by GC8
You only get good title to the goods where you have notified the company of their mistake. If you dont then the good remain Apples property and you will be liable to make them available on demand for a long long time...
I ordered a Panasonic 32" LCD tv about 2 years ago, paid £2200 for it and it arrived as planned, about 2 weeks later another one arrived. I received the delivery and stored it in my garage.
Not sure what to do I spoke to Trading Standards and sought their advice, the advice given to me was that I had 2 options:
a) Inform the company in writing that they had sent me unsolicited goods. They then had 1 month to collect the goods, failure to do so would mean the TV would be deemed a gift and subsequently belong to me.
b) I could do nothing, if the company did not approach me in 6 months to request the TV then, again, the TV would be deemed a gift and belong to me.
I opted for point B and sold the TV on after 1 year.
Result
and did I feel immoral or guilty??
not a chance!!!!
#21
I had a similar thing with Dell. Told them they'd sent me some stuff I hadn't ordered and they asked me to courier it back to them. I told them I wouldn't but it was here waiting for them when they wanted to collect it. 4 years on, they still haven't picked it up.
#22
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I'd phone them up and explain the situation, then offer them a credit note that they can use at any time against any purchase they may wish to make from you, that's what the ******* do when you've been overcharged!
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