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

[Soxafloppin]

Keep it as a spare, if you get caught. Give it back.

 

[_Serendipity_]

So this means I just got a free computer?

Huh, looks like you can legally keep it...

The only question is between you and your conscience now I suppose. I'd like to say I'd send it back anyway buuuuttt... I might find it much, much harder to do so if it actually happened to me

 

[Amund]

So this means I just got a free computer?

Huh, looks like you can legally keep it...

The only question is between you and your conscience now I suppose. I'd like to say I'd send it back anyway buuuuttt... I might find it much, much harder to do so if it actually happened to me

I'm a greedy little bastard, so whatever.

I just needed to know whether or not I was gonna be lawsuited.

Also the credit cards are easily replaceable and they were only debit cards.

 

[Sir Ollie]

Wow...you lucky bastard.

Damn awesome US laws.

 

[VGCATZ]

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.

I agree with this course of action. The worst outcome would be Dell making you pay for a product you received, which is within their right if you don't voice an objection to it. They may require you to send the PC back to them and getting the postage costs out of them may be a ***** since I can't see a major corporation being very effective at reimbursement. However if you raise an objection and send them a message detailing trhat you don't want this product, and they don't respond to send the product back within 30 days, it's legally yours to keep for free

 

[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

So this means I just got a free computer?

I'd double check that with someone qualified to give legal advice, but yes, that's what the rule says.

-m

 

[Amund]

Wow...you lucky bastard.

Damn awesome US laws.

Well we still don't have gay rights or National Healthcare. Plus we also have the West Burro Baptist people to deal with.

 

[Slycne]

You may be legally entitled to keep it, but that still doesn't mean it would be without consequences. They could refuse your business from then on, as long as it's not discrimination they have the right to refuse service. You might be quick to weigh the decision, but it's worth thinking about. They might even toss a law suit at you to force you the hassle of hiring a lawyer and appearing in court, which might cost more than the computer itself.

 

[Amund]

You may be legally entitled to keep it, but that still doesn't mean it would be without consequences. They could refuse your business from then on, as long as it's not discrimination they have the right to refuse service. You might be quick to weigh the decision, but it's worth thinking about. They might even toss a law suit at you to force you the hassle of hiring a lawyer and appearing in court, which might cost more than the computer itself.

Refusal of business doesn't bother me. The other part might.

 

[VGCATZ]

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.

I agree with this course of action. The worst outcome would be Dell making you pay for a product you received, which is within their right if you don't voice an objection to it. They may require you to send the PC back to them and getting the postage costs out of them may be a ***** since I can't see a major corporation being very effective at reimbursement. However if you raise an objection and send them a message detailing trhat you don't want this product, and they don't respond to send the product back within 30 days, it's legally yours to keep for free

Wrong. This is entirely NOT their right.
The order was canceled. At the point the order is canceled, they lose all right to payment, as defined by their own contracts and by US law.

By US law, it is legally his computer if they send it, and they can demand no payment for it.

My bad, that's my understanding of the legalities of it from an Irish perspective

 

[uncle-ellis]

fill the entire hard drive (ALL OF IT) with child pornography then send it back.

 

[DarkBlueDarZ]

Hey mann.. why dell? You could use it to throw back at their headquaters.. free computer.. free throw

 

[AntiAntagonist]

Contact Dell and see what they want to do. If they want it back then send it.

In some instances companies like that flub answering in which case you may as well keep it. Got an extra copy of MS Office when the people I bought it from never gave me a straight answer for getting it back (we already had our money back before they shipped it too).

 

[BiscuitTrouser]

I say its their mistake. They should be more carefull. If asked, plead ignorance and say you had no idea it was on its way. Its like being given too much change, they screwed up, they should live with it.

 

[gbemery]

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.

Send it back but not if you have to pay for shipping. It was probably already in transit and Fed Ex took too long getting its status online. I ordered a graphics card online received it from Fed Ex unpacked it and installed it and about two days later received an email saying it was shipped and should reach my house in 3 days then it gave me the tracking number...silly Fed Ex. But yeah you need to send it back or they can still charge you for the original price, because it isn't your mail anymore. It is kind of like if the mail carrier drops off a package that isn't yours and you open it you can be fined. Yeah the carrier screwed up but you knew it wasn't yours and shouldn't have opened it. In this case you know you got your money back so you shouldn't open it. Yet if they try to get you to pay for the shipping back then they are pretty much saying 'Hey we want it but don't want to pay to get it back' so in that case it is all yours until they do pay to ship it back.

 

[Slycne]

You may be legally entitled to keep it, but that still doesn't mean it would be without consequences. They could refuse your business from then on, as long as it's not discrimination they have the right to refuse service. You might be quick to weigh the decision, but it's worth thinking about. They might even toss a law suit at you to force you the hassle of hiring a lawyer and appearing in court, which might cost more than the computer itself.

Refusal of business doesn't bother me. The other part might.

Here's what I would do, let them know about their mistake and make it known it's on them to fix it. If they want to arrange to send you a return label and have it picked up that's on them. It's their mistake and they shouldn't expect you to fix it. They may simply write it off as not worth the hassle. I would make sure to get it in writing though.

 

[Kilo24]

It is also worthy of note that that is one interpretation of one law. Lawyers have a habit of picking and choosing the laws that apply, based on what side they're trying to support. Different interpretations of different laws frequently contradict eachother.

I'd do the safe thing and contact Del to at least make a good faith attempt to let them know about it and return it if they want to pay the shipping for it. If they put you through a lot of crap to categorize the returned merchandise, then you'd be more morally and legally justified in keeping it, IMO, but still not enough to be completely safe.

 

[NiceGurl_14]

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?

Ok, My mother used to work for the government and I can tell you this. You should NOT Open it and send it back, as well as contact the company and talk to a person. If you do decide to keep it do know that they do and probably will press charges. Computers are not cheap and they want their money. That's the best advice that I can give you though.

 

[goldenheart323]

Like Matt_LRR says, double check with a lawyer. Trusting legal advice from random people on the internet is just silly. It's worse than trusting Wikipedia 100%. Go ahead & get ideas from the internet, but not all of them will be good ones. Speaking of which...

fill the entire hard drive (ALL OF IT) with child pornography then send it back.

I think you're forgetting those little steps that involves HIM searching for, downloading, and possessing illegal material that could get him labeled as a sexual predator for the rest of his life.

But I thank ellis for providing a prime example of why you should double check an internet idea with a lawyer. Come to think of it, when it comes to any important legal matter, it's best to double check with a lawyer. So, it's not a free computer. It's a computer that cost you a consulting fee with a lawyer--at the minimum. It might cost much more if they decide to sue you--despite how iron clad your lawyer says the case is.