Argos Sent Me a PS3 - What to do?

alias7

bartsimpson wrote: »

Firstly I think the OP is a complete a***hole for buying 2 in the hope of selling them on ebay - this type of behaviour made lots of Wii-less kids very upset last Xmas.

I'm so glad the PS3 launch has flopped so these people will be unable to sell their consoles on for the RRP.

Why don't you shut your mouth you absolute pr*ck. I couldn't care what the hell you think of me, because your oppinion is as useful to me as car keys are to a blind man.

I pre-ordered 2 PS3's to *try* and make a small profit - whats the big deal? I'm always looking at ways to make money, and if I want to sell PS3's on eBay then I'm going to do it. Its not like I pre-ordered 30 PS3's to sell - is it? No. Its 2. Which is perfectly within my rights to do.

As an update, I actually called Argos and they were aware of the mistake. When I initially paid for the 2 x PS3's, they were taken as 2 seperate payments, when they were refunded, they were refunded as one single payment for both amounts which made their system think only one order was being cancelled.

The PS3 was collected yesterday by the delivery guy and I no longer have it! I suppose that will make you all happy.

Now, back to this joker who I was quoting:

bartsimpson wrote: »

...this type of behaviour made lots of Wii-less kids very upset last Xmas.

What are you talking about? Kids were wii-less because there was not enough supply to meet the demand of the consoles. Its not like people were buying 15, sticking them in the loft and then locking them away, is it? They were being sold on eBay and going to these kids anyway. Albeit they were paying higher prices for them, but don't make out that people like me (who, by the way, didn't purchase ANY Wii's) are depriving children of their christmas presents!

There was no need to call me an "a***hole" for trying to make myself some money.

golddustmedia

alias7 wrote: »

There was no need to call me an "a***hole" for trying to make myself some money.

Hurrah!
I quite agree!
The current state of the country is that cost of living and inflation massively outstrip salary rise each year and so I salute you for finding your own means to get by.
I too have to buy & sell etc to find the extra income to be able to pay for food and fuel.
My cost of living rise last year was about 15%, my salary increase was nil.
Expected cost of living rise this year circa 5-10%, hopeful salary increase 2%.

At the end of the day, you were honest, have not committed any offence/theft/fraud and it's all worked out well.

As for the notion that buying up consoles in advance to sell for a profit is wrong, well I learnt at degree level economics that "supply and demand" was the basis for all non communist economies.

Well done

mpython

Well done on doing the right thing.

if nothing else, its certainly made for an interesting debate.

d.o.o.g

I think the a****holes in this "discussion" are those that think it's acceptable to capitalise on someone's mistake and sell/keep something that doesn't belong to them. The same a****holes who would be the first to jump up and down if they were overcharged or under supplied when out shopping.

Every time you TAKE someone or something else has to GIVE.

A_little_stressed!!

I would have kept it and seen nothing wrong with it!! Big company like Argos YES, little independant gaming/electricals shop/ebay NO! (I would thyen ring and arrange collection!)

What about all the times the big guys rip us off?!!

I would class the PS3 as a competition win! LOL!

simate

You could have kept it.

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. (You didn't request the goods in this case because you cancelled your order and got a refund from Argos).

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property.

muffle_2

The Distance Selling Regulations 2000 allow a consumer to keep unsolicited goods and treat them as a gift. If you have proof that you cancelled the contract (e.g. an e-mail) then you could argue that as the contract was cancelled, the goods were not solicited.

It would be a tough argument though, as you did originally order the goods and a Judge could say that you had reason to assume a mistake had been made.

That said, the honest thing to do was to allow Argos to collect the goods and I'm glad you did so, if only to help with the good vs. evil balance

stiffnuts69

My Thoughts are 2 fold the legal obligation and moral obligation.

1.No one can positively say this is theft. It may or may not be theft its not very straightforward and you have to look at statute and case law. If you honestly believe that you are entitled to keep the playstation then it is not theft.

2. Those complaining that it is wrong to keep the playstation obviously have never done anything wrong or inappropriate in their life, these people wear rose tinted spectacles and live in a utopian world. Please tell me I can join this special world.

3. Multi-National conglomerates would have no qualms in keeping your money if you were the one who paid for something then they cancelled because they were out of stock. A lot of them keep hold of your money until you ask for it. Is this theft?

stiffnuts69

Both Muffle and simate it is not that straight forward
There are 2 different elememnts of what is now the distance selling regs 2000.

The first element of regulation 24 is a civil element. Its only if a demand for money is made does it become a criminal offence (and only then do argos have to believe that they are not entitled to ask for this money).

There is no way on this earth that argos sending out the playstation3 would meet with the conditions of paragraph 1a,b, and c of regulation 24 (making it an unsolicited gift), and I would be surprised if any court in the land took a differing view.

This is clearly not an unsolicited gift, but a !!!! up by argos.

stiffnuts69

Monster_Deals wrote: »

I would not have called you an 'a***hole'.

Parasitic scum would have been more appropriate.

What certain individuals did with the Wii, trying to profiteer out of children at Christmas was plain and simply disgusting.

And it is a sad reflection on collapsing standards in our society today.


People who do what you do are no better than Loan Sharks.

You clearly state your own lack of morals,standards and ethics by making your original post in the first place.

'Can I effectively steal this PS3 ?' , you hadn't paid for it and you knew who it belonged to.

Like picking up somebody's wallet in the street and not returning it.

Theft is theft !!

ummmm

If you didnt have some many posts under your belt I would think that you were a troll.

I suspect the OP does have some morals otherwise he wouldnt have posed the question in a public forum, he would of just kept it and we would be none the wiser.

I disagree with your comments completely as nothing is that black or white but its your opinion and I supose nothing will change it.