I cancelled and order from Dell, and they're sending it to me anyway.

[Amund]

So I ordered a computer recently from Dell. It took too long so I cancelled the order and went to my local Walmart and bought a computer there. So today I check my emails and apparently my canceled computer is being sent to me via Fed Ex. It was sent yesterday. Aslo, they returned my funds to my credit card like a week ago.

So here's my conundrum. What happens to me if I just take the computer? Do I call Dell and tell them that they're sending me a cancelled order? What should I do?

 

[Irridium]

Let them know. If you just take it when they gave you back your money your basically still stealing.

If you contact them and they don't mind if you keep it, then great.

Still, it would be best to contact them about this.

 

[Cpt_Oblivious]

Well if the funds have been returned a week ago and they're only just sending it now then they clearly want you to have it.

 

[EMFCRACKSHOT]

I would say you roll with it and hope they don't catch on to their mistake. After all, its their fault, not yours. Of course, keep the original packaging and all that crap in case they ask for it back. I figure that if after a month they don't say anything you are in the clear to do what you want with it.

 

[ma55ter_fett]

Let them know. If you just take it when they gave you back your money your basically still stealing.

If you contact them and they don't mind if you keep it, then great.

Still, it would be best to contact them about this.

Yea contact them, and send it back when it arives.

 

[Gabanuka]

Dell are mucked up when it comes to deliverys and orders, we were told our new computer would come in late March(it was Febuary at the time), it came 4 days later.

 

[era81]

I wouldn't take any chances with it, it's not like they don't know where you live.

 

[Hippobatman]

Sounds like free stuff to me.

Still, I'd contact them. I hear lawsuits are nasty.

 

[Plurralbles]

definitely the reason why I bought my dell from bestbuy and didn't have any problems cept taking of hte Norton virus. I mean anti... oh shit I can't say that with a straight face.

 

[Jack and Calumon]

Be honest... otherwise you might get a lawsuit. Probably anyway... It might happen... Ugh... I wouldn't keep it.

Calumon: Corporations are evil! Digimon are awesome!

 

[Matt_LRR]

just FYI, If you're in the states, and they send you a product you didn't pay for, you're legally entitled to keep it. whether that sits ok with you ethically is another thing entirely, but you're legally fine.


I'm trying to look up the law right now, I'll get back when I've got it.

http://consumerist.com/2009/02/dsws-dirty-trick-backfires-now-customer-has-free-shoes.html

Here it is, the FTC's unordered merchandise rule:

Unordered Merchandise

Whether or not the Rule is involved, in any approval or other sale you must obtain the customer's prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:

1. Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,

2. Try to obtain payment for or the return of the unordered merchandise.

Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $11,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.

--------

Cancelling your order was revocation of your request to be sent the mercahandise.

So you should be pretty much good to go.

If you want to play it safe and do the right thing, send it back, but I'm pretty sure you're covered legally.

That said, I'm no lawyer, so you may want to check with someone who is.


-m

 

[khaimera]

Keep it and stick it to capitalism.

 

[fix-the-spade]

So here's my conundrum. What happens to me if I just take the computer? Do I call Dell and tell them that they're sending me a cancelled order? What should I do?

Call them and tell them, if you can record the conversation, just so you are doubly covered if it still turns up and you start getting angry letters from Dell.

Don't know about the US, but for the UK it falls under the unsolicited goods act. They can ask for it back (and if they do you have to give it back), but they have to arrange their own carriage and aren't allowed to charge you a penny for it's recovery as you told them not to send it, but they sent it anyway.

Ths US sounds like a better deal actually, I personally would have no problem with keeping something I gained through a company's incompetence.

 

[primitivescrewhead]

I would sell it and if Dell ever call you out on it just say it never arrived.

 

[7moreDead_v1legacy]

It's a dell destroy it and do the world a favour ^^

 

[Amund]

It's a dell destroy it and do the world a favour ^^

It has a decent graphics card in it, and 7 gigs of RAM.... should those too be destroyed?

 

[Canadamus Prime]

As long as they're not charging you for it, who cares? I suppose you could notify them and let them know if you really feel bad about it, but personally I'd only be concerned if they were still charging me for it, otherwise if they still wanted to send me the thing, sweet.

 

[Amund]

just FYI, If you're in the states, and they send you a product you didn't pay for, you're legally entitled to keep it. whether that sits ok with you ethically is another thing entirely, but you're legally fine.


I'm trying to look up the law right now, I'll get back when I've got it.

http://consumerist.com/2009/02/dsws-dirty-trick-backfires-now-customer-has-free-shoes.html

Here it is, the FTC's unordered merchandise rule:

Unordered Merchandise

Whether or not the Rule is involved, in any approval or other sale you must obtain the customer's prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:

1. Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,

2. Try to obtain payment for or the return of the unordered merchandise.

Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $11,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.

--------

Cancelling your order was revocation of your request to be sent the mercahandise.

So you should be pretty much good to go.

If you want to play it safe and do the right thing, send it back, but I'm pretty sure you're covered legally.

That said, I'm no lawyer, so you may want to check with someone who is.


-m

So this means I just got a free computer?

 

[Acier]

I would let them know and send it back.

They have your credit information and address, if you decide to keep they may very well charge you for it anyways.