free mp3 player - ethics?

yendor28 · 12-03-2006, 07:57 PM

situation.

I listen to music when I go on long bicycle rides.

Purchased creative neon (6gig) Mp3 player in March 2006. Returned it 3 times with same problem (freezing), and replaced it with same player from shop. Model discontinued so would have to travel from miles and miles to nearest shop with player as had to swap same for same.

Very frustrating, time consuming and I would have to wait long periods without music.

The third one broke the same way in Oct this year. The shop could not find any more of the same player. *I waited weeks without music. I contacted the dealer directly (I had a warranty with the shop AND with the dealer). The dealer gave me the run around as their call centre was overseas and the support could barely speak English. Two weeks of frustration with me literally swearing my head off trying to speak to someone in English.

Finally, the guy at the shop realised they could not find the same product so gave me a replacement (iriver instead).

Then, the Australian manager of creative called me, apologising and offering me an upgrade (the creative vision M - 30 gig with video playback) if I returned my old dysfunctional player. I said yes. Got the vision player, went to the shop to swap my IRIVER back for the dysfunctional player explaining what happened but not saying creative had sent me a replacement. The shop said that they have already returned the dysfunctional player to creative and it will appear from me so do not worry, keep the Iriver and Creative will get the dysfunctional player back.

SO,

I now have a vision and an IRIVER. I am happy to return one but feel I deserve to keep the extra player because of the mess, time wasted and frustration of the process. I have also lost my 5 yr warranty on my player due to the new player.

I told creative about the iriver and they have not contacted me again. I think they might contact me and ask for one of the players back.

I could just forget it. Or say no if they ask. Or return one of the players.

What do you guys thinK? What do you suggest?

entmobile · 12-03-2006, 09:19 PM

man if you went through all the trouble of broken mp3 players you deserve a free one, just keep it.

I remember when I ordered $120 dollar headphones and the online store sent me two on accident and charged me for just one. The shipping took like 3 weeks so I felt it was my obligation to keep the extra headphones because of the shitty delayed shipping.

explosives · 12-03-2006, 10:21 PM

return it, do you really want to go to hell?

John Lambert · 12-03-2006, 11:20 PM

You told the store about it, they told you to keep the IRiver? You told Creative about it, and they haven't contacted you back? I would say that you've done your part. If they contact you and ask for the player back, saying that the warrenty had been fulfilled by the store, I would agree with them, and feel in that case that you should return it. My guess, however, is that they wont, because they dont want you to badmouth them to your friends or all over the internet for it, causing them to lose business.

Neu! · 12-04-2006, 09:18 AM

Keep it, God wants you to have them both or otherwise this wouldn't have happened

YeahBee · 12-04-2006, 10:34 AM

sell the other one to a mate for half the price that way two people will be happy and you have scored on on a multinationa levil corporation

Tensei · 12-04-2006, 10:59 AM

I would probably make it a christmas present rather than keep it.

muerteverde · 12-04-2006, 11:57 AM

Quote:

Originally Posted by Tensei

I would probably make it a christmas present rather than keep it.

Good plan. And it looks to me like keeping it is ok because everyone involved knows what is going on and no one has a problem with it. So give it to a friend or family memeber instead of the company.

Tone C · 12-04-2006, 01:00 PM

How does the law stand on the issue?I think that you are a lawyer or similar from other stuff I read(although I'm probably totally wrong!!!)

Over here if something is delivered to you incorrectly,you are obligated to tell the sender.It is their responsibility to collect it.If they dont do so within an alloted period it legally becomes yours...Anything like that over there?

yendor28 · 12-04-2006, 06:16 PM

Quote:

Originally Posted by Tone C

How does the law stand on the issue?I think that you are a lawyer or similar from other stuff I read(although I'm probably totally wrong!!!)

Over here if something is delivered to you incorrectly,you are obligated to tell the sender.It is their responsibility to collect it.If they dont do so within an alloted period it legally becomes yours...Anything like that over there?

Great point.

The law here is complicated - i.e open for interpretation.

If the situation is that I mistakenly received something that I was not supposed to, then I am obligated to return it. It is NOT stealing until the moment I REALISE that I SHOULD NOT HAVE IT. Thus just having it is not stealing, there is a mental element also.

However, I distinguish the above situation as I have not mistakenly received something. I have followed procedures with my warranty and received benefits. Admittedly the benefits were greater than I was legally entitled to but they were gifts KNOWINGLY given thus are now mine.

Thus, either way legally I am safe. Even if I was in the wrong, they would struggle to retrieve the goods or take action due to the small sums of money involved and larger costs of taking action.

Its just the moral thing. Good suggestions. I will probably give it to charity if I can think of a good one or my brother.