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What would you do? Interesting gear situation
Old 4th July 2009
  #1
Gear Maniac
 

What would you do? Interesting gear situation

So, let me preface this thread by saying that I have already made my decision about what I'm going to do in this situation, but I'm curious what others would do.

Here's the story, and I'm going to leave out specifics because I don't want to get anyone in trouble. Last week I purchased a high end bit of gear; when my box arrived I opened it up to find that they had accidentally given me two of them. I'm irritated by this situation in the first place because I tried multiple times via phone and email to contact the sales assistant who helped me because before the order even shipped I noticed a few things were off. Never got any response. So my first thought was F-U then I'll put this thing on ebay and get the great majority of my money back and basically have this high end bit of gear for free.

What would you do in this situation?

I'm going to give it back, just in case you're wondering.
Old 4th July 2009
  #2
Gear Addict
 

It would have more than likely come to light in a stock check or something at a later date. Inevitably somebody would be made responsible for it, so these things are rarely a victimless crime. You are doing the right thing. You don't want your "good fortune" to be the reason for somebody else getting sacked or something.
Old 4th July 2009
  #3
Lives for gear
 
bitman's Avatar
Be not deceived, God is not mocked. As a man sows, so shall he also reap.

I'd send it back.
Be sure and get an RMA number and put it IN and ON the return shipping box.
Require a signature etc. So your good deed doesn't turn into a CF.
Old 4th July 2009
  #4
Gear Guru
 
Drumsound's Avatar
I'd send it back, but on their dime. I'd also make sure I wasn't charged for 2 item.
Old 4th July 2009
  #5
Perhaps Jesus would donate the extra item to a non-profit organization that aspires to helping at-risk youth receive a music education, giving them not only a skill to have but guiding them in a positive direction.
Old 4th July 2009
  #6
Umm!

Quote:
Originally Posted by orangeoctane View Post
Perhaps Jesus would donate the extra item to a non-profit organization that aspires to helping at-risk youth receive a music education, giving them not only a skill to have but guiding them in a positive direction.
Would that be the Roman Catholic Church again then?.
Old 4th July 2009
  #7
Gear Maniac
 
BIGT-1's Avatar
 

Good man. It's stealing if you keep it. Same as if they had shipped you one, but charged you for two and kept all the money.
Old 4th July 2009
  #8
Lives for gear
 
Guitar Zero's Avatar
Quote:
Originally Posted by Bassmec View Post
Would that be the Roman Catholic Church again then?.
Ouch.

I agree, you have to send it back. If it were a small item and not worth the hassle to fuss over packing and shipping, I'd probably just give it to someone. But a big item like that... no question in my mind what Jesus would do, since that was your original question.
Old 4th July 2009
  #9
Lives for gear
 
Savernake's Avatar
 

Quote:
Originally Posted by orangeoctane View Post
Perhaps Jesus would donate the extra item to a non-profit organization that aspires to helping at-risk youth receive a music education, giving them not only a skill to have but guiding them in a positive direction.
This is exactly what we do, and I imagine if someone came offering a kit under these circumstances, we'd happily take it... but then, if it were a real moral decision on my shoulders I'd think for more than a minute about it!
Old 4th July 2009
  #10
STORYTIME!

#1:

I bought my first drumset off of eBay in 9th grade.
It arrived with warped bass drum hoop and was missing one lug.
I wrote the seller asking for a new hoop and lug.
One week later, a SECOND drumset shows up at my door.
Huh?
I take the parts I need and leave the second drumset in it's box.
One month passes.
Three months pass.
Six months pass.
Finally, a pre-paid UPS shipping label is delivered to my house for the return of the second set (minus hoop and lug).

#2:

Bought something from Musician's Friend.
My item arrives boxed with two items I didn't order (Guitar Lesson DVD and Bass Strings).
I call MF. I'm given an RMA# and told to expect a prepaid shipping label in the mail.
Six months pass.
Label never comes.
I give the bass strings to bassist friend.
I sell the guitar DVD.
Old 4th July 2009
  #11
Gear Nut
 

Quote:
Originally Posted by BIGT-1 View Post
Good man. It's stealing if you keep it. Same as if they had shipped you one, but charged you for two and kept all the money.
While I'm not going to debate the ethical side of the situation, believe it or not, it's not stealing:
Unordered Merchandise


Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.
Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Send your letter by certified mail. Keep the return receipt and a copy of the letter for your records. You may need it later.
Old 4th July 2009
  #12
member no 666
 
Fletcher's Avatar
I'm in a similar situation [not in audio]... I called the dealer and told them they shipped me 3 of something I ordered 2 of... boxed up the unused one and told them to put out a "call tag" for it. If the "call tag" doesn't come in 6 months [and I"ll call / email a reminder or two in that time] onto eBay it goes.

In my world there is what is what is "right", what is "wrong" and what is legal. I decide the "right" and "wrong" the law decides the legal. I try to do what's "right" when ever I can as I've been working feverishly to collect as many "Karma Points".

As always... YMMV.
Old 4th July 2009
  #13
Registered User
 
Rick Sutton's Avatar
 

Quote:
Originally Posted by CAMGRec View Post
While I'm not going to debate the ethical side of the situation, believe it or not, it's not stealing:
Unordered Merchandise


Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.
Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Send your letter by certified mail. Keep the return receipt and a copy of the letter for your records. You may need it later.
That's how I understand it also.

BUT. No good deed goes unpunished! About 18 months ago a company mistakenly shipped me a more expensive item than I had ordered. Being a good guy I informed them about it and they said they would ship me the item I had actually ordered AFTER the one they sent me was picked up with a call tag. OK, I wasn't happy but agreed. Very long story cut very short. I EVENTUALLY got my original item (long after the remote recording that I had ordered it for was history) and the kicker was they bothered me for months saying that I NEVER shipped back the original item, even though they wouldn't have shipped me the correct item unless they had received the first item back! Everytime someone called me (and it was a different person from a different branch of the company each time) I would pull out all my paperwork, including the UPS call tag and the searches I had done, to prove that it not only went back but when they received it and who signed for it. It took 6 months to get them off my back and if I hadn't been diligent in my record keeping I probably would still be dealing with them! Needless to say I'll never order anything from them again.
There is a reason the laws on mail order say that WHATEVER they ship you is YOURS.
Old 4th July 2009
  #14
Gear Maniac
 

Quote:
Originally Posted by CAMGRec View Post
While I'm not going to debate the ethical side of the situation, believe it or not, it's not stealing:
Unordered Merchandise


Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.
Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Send your letter by certified mail. Keep the return receipt and a copy of the letter for your records. You may need it later.
Wow! Thanks for this information, I had no idea. While it appears from a legal standpoint I'm under no obligation to return this thing, I think for my own "Karma Points", as Fletcher said, it would be the right thing to do. Perhaps I can negotiate a permanent 50% discount on all future purchases for returning this piece.
Old 5th July 2009
  #15
Lives for gear
 
DarkSky Media's Avatar
Quote:
Originally Posted by CAMGRec View Post
While I'm not going to debate the ethical side of the situation, believe it or not, it's not stealing:
Unordered Merchandise


Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.
Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Send your letter by certified mail. Keep the return receipt and a copy of the letter for your records. You may need it later.
Yes, but you left off the next one:

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
Old 5th July 2009
  #16
Registered User
 
Rick Sutton's Avatar
 

Quote:
Originally Posted by DSM Interactive View Post
Yes, but you left off the next one:

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
I agree with that course of action but I do find the change of language to be interesting.
#1 OBLIGATED?......no, you are not
#2 MUST I NOTIFY?......You have no legal obligation
#3 SHOULD?.......

Just find that change of tone very telling. But hey, I ain't no lawyer!
Old 5th July 2009
  #17
Gear Nut
 

Quote:
Originally Posted by DSM Interactive View Post
Yes, but you left off the next one:

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
I left it off on purpose as I was only trying to point out the legal side of the situation, not address the ethical side of it.

And notice the recommendation to "tell" the seller that you reserve the right to keep the merchandise. Also note the suggestion of "30 days" as being the reasonable amount of time.

Here's an additional recommendation that I'd make - if you're going to give whatever it is back, just give it back. Don't ask for a discount, don't point out that you're being a good guy, just give it back.

Not only is it the right way to do the right thing, but if you've got anything coming to you, it's more likely to happen if you return the item without condition.
Old 5th July 2009
  #18
Lives for gear
 
edvdr76's Avatar
Ok So check out this situation I was faced with a looooong time ago. We were just starting our studio and we went to the studio equipment store in Hollywood to buy some gear. So we picked out our 16 track machine, cables, and a couple of mics. We filled out all the credit forms and even gave a down payment on all the stuff. I think it totalled somewhere in the range of 12 grand. It's been about 16 years and were still waiting for the first bill to arrive!!
Old 6th July 2009
  #19
Gear Addict
 

Quote:
Originally Posted by Zombie Stomper View Post
So, let me preface this thread by saying that I have already made my decision about what I'm going to do in this situation, but I'm curious what others would do.

Here's the story, and I'm going to leave out specifics because I don't want to get anyone in trouble. Last week I purchased a high end bit of gear; when my box arrived I opened it up to find that they had accidentally given me two of them. I'm irritated by this situation in the first place because I tried multiple times via phone and email to contact the sales assistant who helped me because before the order even shipped I noticed a few things were off. Never got any response. So my first thought was F-U then I'll put this thing on ebay and get the great majority of my money back and basically have this high end bit of gear for free.

What would you do in this situation?

I'm going to give it back, just in case you're wondering.


Do it the Gearslut way...............try them both out thoroughly, keep the best one, then send the other one back.
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