backtop


Print 65 comment(s) - last by Inkjammer.. on Nov 9 at 9:05 PM

The shipping box for the Eee was so small, some buyers received a five-pack instead of a single unit

The Asus Eee PC notebook has been popular in North America thus far, with many retailers having sold their entire stock on the first day of orders. The popular e-tailer Newegg took a misstep above the rest though; apparently, the diminutive size of the Eee has confused Newegg's shipping department. Some buyers who purchased the Eee PC from Newegg ended up not with an individual Eee, but a shipping box of five units.

A posting on the Eeeuser.com forum details the story of an Eeeuser.com member NastyGash who had a box of five Eee's diverted from delivery moments before arriving ... who was then one-upped by several other users, including stampedingchipmunk who posted a picture of his five Eees that had snuck through the system.

Several other buyers have piped up in the thread as well, and it appears that Newegg is proactively reaching out to those who accidentally received more than they expected. So far, those who have posted are reporting that Newegg is offering customer credits and discounts, in addition to paying shipping back and overnight delivery of a single Eee unit.

Perhaps this would explain why so many Newegg buyers wound up with a "backordered" notice instead of a tracking number. But don't despair; the Eee buyers who got five have a heart and are sending them back, so no doubt Newegg will be filling their backorders as soon as possible.


"Legally in the state I live in, I could have kept all 5.  The transaction was completed, and I paid for what I ordered.  Morally however I just couldn't justify it," writes the member AgentEntropy. "Of course I'd rather have kept the 4 extras than the $50, but who wouldn't?"



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: doubtful
By mindless1 on 11/6/2007 3:38:01 AM , Rating: 2
Morally yes, legally no.

You paid for a product and according to the invoice, that is what you received. According to the shipping per unit cost and # of packages, that is also what you received.

You ARE the intended recipient, because the package is addressed to you. Duh? You probably meant "in an ideal world where everything is perfect". Well in that world, all laptops would also be free, so,

Essentially it is as I already wrote, a moral factor. Any time a company sends you anything they didn't intend to, it is your property if addressed to you and delivered. Your ONLY financial obligation is what you have already agreed to pay when you ordered, subject to the terms of the product (terms also being limited by locality).

Any moral person would realize they don't deserve to have the extra systems and should return them. That <> law. If you want law to equal morality, I think it would be a positive step if enacted comprehensively instead of selectively, but that's not what our legal system represents and if it did, the first thing we'd have to do is build an order of magnitude more prisons because there's no end to the number of people we'd have to lock up for not adhering to someone else's morals.

I like Newegg, have ordered a fairly large percentage of PC parts from them. Nevertheless, if a package is addressed to you, then you are most certainly the intended recipient. There is a reason there was not latitude for "but we didn't mean to send xyz" and that is because if you give the sender latitude, it creates an opportunity for other abuse, that to many the time on phone, time delivering to shipper, time disputing credit card charges, etc, etc, etc, plus travel expense, is worth less than the item so the customer would've just given in to an illegal business practice by the seller.

What happens when UPS or the Police, whoever, show up at your door is that there is an honor system at play, they are not in authority to act but will be acting upon a suggested, imposed morality that I happen to agree with, that the recipient should indeed have to surrender what they did not pay for, but, they are not obligated to do so.

On the other hand, if Newegg were shipping this addressed to your neighbor instead of you, yes you would have to surrender it as you aren't then the intended recipient, legally you can't take possession of someone else's mail except as a holding party.


RE: doubtful
By borowki on 11/6/2007 8:55:44 AM , Rating: 1
You are debating with facts here. Under Common Law, if you're receive a merchandise and accept it, you're required to pay, even when it came unsolicited. In most states there are laws protecting consumers from aggressive merchants. They're nearly always, however, written to exclude cases where a merchanise was delivered by mistake. The Vermont statute, for example, reads as follow:

quote:

When personal property is mailed or caused to be delivered or when services are rendered to another by a person who knows the property or services to be unsolicited merchandise or services, the person to whom the merchandise is sent or delivered or for whom the services are rendered may refuse to accept delivery of the same, or he may deem it to be a gift and may use it or dispose of it in any manner without obligation to the person sending or delivering it.


The key word here is "know." The sender must know that the merchanise is unsolicited for the law to apply. Something sent by mistake, by definition, is not done so knowingly.


RE: doubtful
By opterondo on 11/9/2007 1:00:51 AM , Rating: 2
Your logic fails ..

Newegg does "know." that they sent five Eee PCs instead of one.

Unsolicited = not asked for

And your logic fails some more ..

If Newegg did not "know." they sent five Eee PCs instead of one there would be no problem.


"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates











botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki