Been given a more expensive product

powerful_Rogue

jb66 wrote: »

Why not have a go at the harder questions?

No need. The item doesn't belong to the OP. Its as simple as that.

NotRichAtAll

Crazy_Jamie wrote: »

Apart of course from the bit that should have been put on the end of your rhetoric, which is that CWP have now realised the error and are demanding the return of the phone. Which they are fully entitled to do, because the OP has no legal right to retain that phone. Attempting to retain a phone that you know you have no legal right to is not ethical. As such, your statement 'it is now yours' is wrong both legally and ethically.

ah but if you read my replies i have not suggested the op keep the phone, i have said the phone is setup and technically theirs, by theirs i actually mean personalised to how they want it. i also said they should go to the shop.....let me quote what i said

Go into shop listen to what they have to say, above all else you are not interested in paying any difference. They have 2 options let you keep it or swap it for the phone you originally wanted.

so may i be so bold as to suggest there is nothing wrong ethically with what i have said.

Exile_geordie

NotRichAtAll wrote: »

ah but if you read my replies i have not suggested the op keep the phone, i have said the phone is setup and technically theirs, by theirs i actually mean personalised to how they want it. i also said they should go to the shop.....let me quote what i said

so may i be so bold as to suggest there is nothing wrong ethically with what i have said.

No, they paid for a 16GB phone and until they get that then this phone is not 'theirs' even more so if a contract phone as it wont even be remotely their until at least month 16/18 on their payment plan.


so there is everything ethically wrong with what you said

daytona0

NotRichAtAll wrote: »

ah but if you read my replies i have not suggested the op keep the phone, i have said the phone is setup and technically theirs, by theirs i actually mean personalised to how they want it. i also said they should go to the shop.....let me quote what i said

so may i be so bold as to suggest there is nothing wrong ethically with what i have said.

I'm on your wavelength...


Basically your post asked the OP to go in and front it out (good), with the mindset that they should leave with EITHER the erroneous phone (worth asking the question) OR the phone they initially wanted (good).

The ONLY thing I'd say is that "set it all up, and use it. its now yours and cannot really be resold as new." does imply that you support the act of keeping the item as it is now yours (it isn't). You are, however, technically correct about it not being re-sold as new - that is the seller's problem and nobody would criticise OP for initially setting it up!

NotRichAtAll

@ daytona0 thanks for at least trying to see where i am coming from, to all the other posters who have used the word "ethically" can you all really be that good, can you all say with hand on heart that you have never done or suggested anything that involves bending the rules just a little bit if you can then i guess you will all be queueing for a job at the pearly gates when your time comes along.

to the op - hope you get to keep the phone that cpw gave you in error but you should contact them, phone them first from your 64gb phone

Zandoni

It's worth mentioning the time and effort it takes to setup a new phone, if they insist on taking the 64GB back I'd be after some goodwill gesture to compensate for my time.

I would also have thought that any decent company would let the OP keep the new one, as others have said it's now secondhand.

beeg0d

There is 1 thing noone has actually mentioned yet, im not sure how/if it affects the legal position or not BUT all phones carry a unique serial number (IMEI). Last time i purchaced a phone from CPW (about 4 years ago) both the receipt and airtime contract had that unique number on it. regardless of upgraded specs would not proof of purchace (receipt) stating that they have sold you THAT PARTICLAR HANDSET be concidered transfer of title (assumineing the IMEI number on the receipt matches the phones IMEI*)?

*on the phones dialer type *#06#

powerful_Rogue

Zandoni wrote: »

It's worth mentioning the time and effort it takes to setup a new phone, if they insist on taking the 64GB back I'd be after some goodwill gesture to compensate for my time.

I would also have thought that any decent company would let the OP keep the new one, as others have said it's now secondhand.

Very simple. You backup the incorrect phone to iTunes and then re-install that back up to new phone. Very quick and easy to do.

powerful_Rogue

NotRichAtAll wrote: »

@ daytona0 thanks for at least trying to see where i am coming from, to all the other posters who have used the word "ethically" can you all really be that good, can you all say with hand on heart that you have never done or suggested anything that involves bending the rules just a little bit if you can then i guess you will all be queueing for a job at the pearly gates when your time comes along.

to the op - hope you get to keep the phone that cpw gave you in error but you should contact them, phone them first from your 64gb phone

Theres bending the rules and then theres stealing

BykerSands

beeg0d wrote: »

There is 1 thing noone has actually mentioned yet, im not sure how/if it affects the legal position or not BUT all phones carry a unique serial number (IMEI). Last time i purchaced a phone from CPW (about 4 years ago) both the receipt and airtime contract had that unique number on it. regardless of upgraded specs would not proof of purchace (receipt) stating that they have sold you THAT PARTICLAR HANDSET be concidered transfer of title (assumineing the IMEI number on the receipt matches the phones IMEI*)?

*on the phones dialer type *#06#

Well going by that logic the op will owe the cpw the balance as he wont yet have paid for the 64gb.