Fezmid Posted February 17, 2010 Posted February 17, 2010 As some of you may know, I'm in the middle of building a new high-end, water-cooled PC ( http://fezmid.wordpress.com ). One of the things I ordered was a Radeon 5850 from Dell back in January. After a few days, they sent me an email telling me it was backordered. No big deal, as I had other components to buy. A few weeks later, they send me an email that says, and I quote: "Your order has been delayed again and we need your permission today to continue processing your order or it will be automatically canceled (as required by the Federal Trade Commission)." At this point, I say screw it, don't reply, and find another store to buy my card from. A week later, I get another email from Dell telling me that the order has been delayed yet again. I ignore it, since the email says my order should've been canceled. Last Thursday I get an automated message on my voicemail from Dell, telling me (in 3 languages...) that if I don't call them and give them permission to continue the order that it will be canceled. Well duh, you did that already with the email. Whatever. Later that night I receive another phone call from Dell, and the woman tells me they need my permission to continue the order. I flat out tell her to CANCEL THE ORDER. She asks for my address (the whole thing -- apparently calling me, and me giving my house number and street name isn't enough - she required the entire city, state, and zip too. Ok....), and then says the order is canceled. Great - I haven't thought about it since. Until this morning, when I receive a tracking number for the video card. WTF, Dell? How many ways do I have to cancel the order before you get the hint?!?! Not sure what to do now - write "return to sender" on the box and drop it off at the UPS store? Keep it and tell them, "Screw you, you shouldn't have shipped it?" The only thing I know is that I'm not spending a penny to ship it back. Maybe I should look at the FTC's website.... </rant>
VABills Posted February 17, 2010 Posted February 17, 2010 Actually by law, I belive they cannot charge you if they shipped something against your permission and you are allowed again by law to keeo that item.
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 Actually by law, I belive they cannot charge you if they shipped something against your permission and you are allowed again by law to keeo that item. Seriously....? Well that would be a nice little windfall.... I'll have to look into that.
VABills Posted February 17, 2010 Posted February 17, 2010 Seriously....? Well that would be a nice little windfall.... I'll have to look into that. Yeah happened to a guy at work a few years back. Seems he ordered one thing from dell, but they shipped an entire server at roughly 2K. He got to keep the server.
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 Yeah happened to a guy at work a few years back. Seems he ordered one thing from dell, but they shipped an entire server at roughly 2K. He got to keep the server. I think you're right! http://www.ftc.gov/bcp/edu/pubs/business/a...th%20the%20Rule Specifically: 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: 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, 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 $16,000 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.
Beerball Posted February 17, 2010 Posted February 17, 2010 Dell definitely screwed this up, whether or not you're entitled to keep the product I can't answer, but as to why they were so persistent (all the while screwing things up further)...Credit laws allow a company a set number of days that they can charge your account without shipping merchandise, so in this case Dell back ordered your component and they needed your permission to delay the order and still charge your account. Should have been pretty cut & dry for Dell...get express permission to continue order you do it. Without express permission they should have canceled the order. Could be your gain!
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 Just remember karma can be a B word. For whom, Dell or me...?
Beerball Posted February 17, 2010 Posted February 17, 2010 For whom, Dell or me...? Many, perhaps most people would return the product. I would, but I also return cash when someone makes incorrect change in my favor.
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 Many, perhaps most people would return the product. I would, but I also return cash when someone makes incorrect change in my favor. I suppose... And if they hadn't allegedly canceled my order on at least three separate occasions, I wouldn't even consider keeping it. But in this case, they called me twice (voicemail once, physically spoke to me once), and also sent emails saying it was going to be canceled.... So that's why I'm on the fence. I emailed them about the screw-up, so we'll see how they reply.
ieatcrayonz Posted February 17, 2010 Posted February 17, 2010 I think you're right! http://www.ftc.gov/bcp/edu/pubs/business/a...th%20the%20Rule Specifically: 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: 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, 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 $16,000 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. To me the word "unordered" has a different meaning than "ordered and canceled", but that's just me. Who needs definitions of words when you can get free stuff? I don't see how this is any different than getting free movies or songs.
VABills Posted February 17, 2010 Posted February 17, 2010 To me the word "unordered" has a different meaning than "ordered and canceled", but that's just me. Who needs definitions of words when you can get free stuff? I don't see how this is any different than getting free movies or songs. Just so long as he isn't making illegal copies of that graphics card
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 I contacted Dell about how they wanted me to return the card since the order was supposed to have been canceled a few weeks ago. Based on their response, I think I'm going to invoke the FTC rule and see if I can keep it as a "gift." Check this out: "I understand from your e-mail that you cancelled the order for Radeon HD 5850 1 GB GDDR5 PCI Express Graphic Card placed under the order number ######## and yet it shipped and also that you want to return the order (once it is delivered). I apologize for the inconvenience caused to you. I would request you to please accept delivery of the order and if you choose not to keep it and for further assistance regarding the restocking fee or return shipping, contact Dell Consumer Customer Care at 800-624-9897 between 08:00 AM to 09:00 PM CST, Monday to Friday and 10:00 AM to 7:00 PM CST, Saturday and Sunday within 21 days of the invoice date for a return authorization." WTF? "We screwed up by not canceling the order, so please accept the package and then contact us to see how much you owe us to send it back." I don't think so.
Just Jack Posted February 17, 2010 Posted February 17, 2010 WTF? "We screwed up by not canceling the order, so please accept the package and then contact us to see how much you owe us to send it back." I don't think so. It's so they can say you accepted it delivered so we can still charge your card right away, yet take 2-3 months to refund your money once they recieve the package back, if they even acknowledge getting it back.
DC Tom Posted February 17, 2010 Posted February 17, 2010 I contacted Dell about how they wanted me to return the card since the order was supposed to have been canceled a few weeks ago. Based on their response, I think I'm going to invoke the FTC rule and see if I can keep it as a "gift." Check this out: "I understand from your e-mail that you cancelled the order for Radeon HD 5850 1 GB GDDR5 PCI Express Graphic Card placed under the order number ######## and yet it shipped and also that you want to return the order (once it is delivered). I apologize for the inconvenience caused to you. I would request you to please accept delivery of the order and if you choose not to keep it and for further assistance regarding the restocking fee or return shipping, contact Dell Consumer Customer Care at 800-624-9897 between 08:00 AM to 09:00 PM CST, Monday to Friday and 10:00 AM to 7:00 PM CST, Saturday and Sunday within 21 days of the invoice date for a return authorization." WTF? "We screwed up by not canceling the order, so please accept the package and then contact us to see how much you owe us to send it back." I don't think so. I suggest contacting your credit card and explaining the situation to them as well, so you have a head-start on disputing any charges Dell might make.
Fezmid Posted February 17, 2010 Author Posted February 17, 2010 I suggest contacting your credit card and explaining the situation to them as well, so you have a head-start on disputing any charges Dell might make. Already planning on that - the charge went through today, so I'll be filing a formal complaint and see what happens... Worst case scenario I sell the card for ~$250 and take a $20-$30 loss on it -- about what I would probably lose due to the "restocking fee" issue.
meazza Posted February 18, 2010 Posted February 18, 2010 As some of you may know, I'm in the middle of building a new high-end, water-cooled PC ( http://fezmid.wordpress.com ). One of the things I ordered was a Radeon 5850 from Dell back in January. After a few days, they sent me an email telling me it was backordered. No big deal, as I had other components to buy. A few weeks later, they send me an email that says, and I quote: "Your order has been delayed again and we need your permission today to continue processing your order or it will be automatically canceled (as required by the Federal Trade Commission)." At this point, I say screw it, don't reply, and find another store to buy my card from. A week later, I get another email from Dell telling me that the order has been delayed yet again. I ignore it, since the email says my order should've been canceled. Last Thursday I get an automated message on my voicemail from Dell, telling me (in 3 languages...) that if I don't call them and give them permission to continue the order that it will be canceled. Well duh, you did that already with the email. Whatever. Later that night I receive another phone call from Dell, and the woman tells me they need my permission to continue the order. I flat out tell her to CANCEL THE ORDER. She asks for my address (the whole thing -- apparently calling me, and me giving my house number and street name isn't enough - she required the entire city, state, and zip too. Ok....), and then says the order is canceled. Great - I haven't thought about it since. Until this morning, when I receive a tracking number for the video card. WTF, Dell? How many ways do I have to cancel the order before you get the hint?!?! Not sure what to do now - write "return to sender" on the box and drop it off at the UPS store? Keep it and tell them, "Screw you, you shouldn't have shipped it?" The only thing I know is that I'm not spending a penny to ship it back. Maybe I should look at the FTC's website.... </rant> Not a fan of Dell. Bought a laptop two years ago that is just getting worse and worse. Too broke to buy a new one now though.
The Poojer Posted February 18, 2010 Posted February 18, 2010 Don't ask for whom the Dell tolls - it tolls for thee For whom, Dell or me...?
Chef Jim Posted February 18, 2010 Posted February 18, 2010 I can't answer why they shipped it when it should have been cancelled but I can imagine for every person like you that yell YES CANCEL MY ORDER there are 150 that say "hey dude, I didn't get my order? Whaaaaat?? Cancelled?? duuuuude I never got the message." That's probably why they gave you so much notice, to cover their asses.
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