Question over a twice-delivered item...

imalrightjack

Hi all

I bought a new Apple computer and it was faulty. They sent me a new one and agreed to not collect the original until I had the new one, as it worked to some degree.

However, they've never contacted me again. I don't want a moral lecture/debate, I just want to know what the law is regarding me sending the item back.

Am I legally obliged? Could I be charged twice if I don't?

Thanks in advance.

Jack

Googlewhacker

Inform them and give them a time limit for them to collect the item and if it is not collected it will be disposed of

unholyangel

imalrightjack wrote: »

Hi all

I bought a new Apple computer and it was faulty. They sent me a new one and agreed to not collect the original until I had the new one, as it worked to some degree.

However, they've never contacted me again. I don't want a moral lecture/debate, I just want to know what the law is regarding me sending the item back.

Am I legally obliged? Could I be charged twice if I don't?

Thanks in advance.

Jack

They dont always request faulty items to be returned and there is no law saying they have to be returned if the seller doesnt want it. However to cover your own back i would suggest contacting them again saying that you still have it and can they arrange collection. Keep record of their reply should you need it down the road.

imalrightjack

Okay. What happens if I don't do that...am I liable to be charged again?

If they contact me I'll gladly send it back. I am just hoping if I keep quiet then I might just get a nice freebie!

unholyangel

imalrightjack wrote: »

Okay. What happens if I don't do that...am I liable to be charged again?

If they contact me I'll gladly send it back. I am just hoping if I keep quiet then I might just get a nice freebie!

Its their property that you havent paid for, meaning you are not legally entitled to it.

In a court you would need to prove you made "reasonable" attempts to have it returned to them.

imalrightjack

Alrighty - I'll drop them an email!

BillTrac

A freebie that's faulty...I want one too:rotfl:

Zandoni

unholyangel wrote: »

In a court you would need to prove you made "reasonable" attempts to have it returned to them.

Why on earth would this go to court...

Apple have already stated to the OP that they will collect the old one, so why should he bother any more. I say keep it, if they ask for it again then give it to them, simple.

Sandoval

Zandoni wrote: »

Why on earth would this go to court...

Apple have already stated to the OP that they will collect the old one, so why should he bother any more. I say keep it, if they ask for it again then give it to them, simple.

Agreed, if Apple have said they'll collect it then the ball is in their court.

I wouldn't go to any trouble on their behalf spending my own time trying to get it back to them.

Stick it in a cupboard and forget about it for a few months.

unholyangel

Zandoni wrote: »

Why on earth would this go to court...

Apple have already stated to the OP that they will collect the old one, so why should he bother any more. I say keep it, if they ask for it again then give it to them, simple.

If they ask for it back and he cant provide it or he gives it back and he's obviously been using it then they could charge him for it - then take it to court if he didnt pay.

However if he shows he made reasonable attempts to have them collect it and they failed, he is perfectly entitled to do with it as he pleases and they have NO legal recourse.

I never said they would definitely take him to court, but if it were me i would rather cover my back and be honest rather than end up with needless hassle down the line.

EDIT: Although i would add that he shouldnt go out of his way to do it.....but doesnt cost anything to email them and looks better on him if it comes down to it.

imalrightjack

I've emailed the guy that was dealing with the replacement. Let's see what happens!