Devnor Posted September 4, 2007 Posted September 4, 2007 I'm not going to mention names...I dont think they play here anyway. On 8/24 I put a $2700 new guitar on HOLD. That next Monday 8/27 I completed the transaction and asked them to ship the instrument to me UPS Next Day Air.To make the not so long story short another guy bought a T-shirt...this dealer shipped my guitar to this fellow and the t-shirt to me, UPS Red (they mixed up the shipping labels).They still dont have the instrument back and I get no feedback from them as to what's going on. I called this morning and still no info. I've been charged in full for the instrument and this clock is ticking on my grace period.Is this guitar still considered new? It was shipped to someone else Ground freight and has been bouncing around the UPS system for a week. Eventually if I decide to complete the transaction it will get to bounce further in the UPS system.At this point I have no emotional attachment to this guitar to TBH I really need a new music computer.
alpep Posted September 4, 2007 Posted September 4, 2007 if your question is "Is this guitar still considered new?" I would say yes. it was only a mistake albeit a big one for the dealer. think about the scratch and dent sale that goes on at guitar center every day on new instruments.
serial Posted September 4, 2007 Posted September 4, 2007 Cancel the transaction-get your money back. Post a pic of the tee shirt. We NEED ProN!
Guest pirateflynn Posted September 4, 2007 Posted September 4, 2007 Cancel the transaction-get your money back.Exactly!How did you pay for the item? Cancel the transaction and wait for the dealer to sort out the shipping error. Have them do a in-hand description of the guitar once it returns to them along with pics if there are any issues at all. You can decide if you want to go through with it at that time.
MCChris Posted September 4, 2007 Posted September 4, 2007 Post a pic of the tee shirt. We NEED ProN! Yeah. I'd like to see a $2700 t-shirt. I once bought a sticker for roughly that amount. It was the one ASCAP gave me to put on the door of the cafe to show I was compliant with their licensing guidelines.
kizanski Posted September 4, 2007 Posted September 4, 2007 Imagine getting that mystery package delivered to your doorstep?"Every t-shirt purchase comes with a free guitar!"
Devnor Posted September 4, 2007 Author Posted September 4, 2007 In their defense the credit just posted to my account. It's apparently no longer my guitar LOL.Mods please delete this thread.
Turdus Posted September 4, 2007 Posted September 4, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?
Matt Mattson Posted September 4, 2007 Posted September 4, 2007 $2700! Did that T-Shirt come with a woman in it?
serial Posted September 5, 2007 Posted September 5, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?Yes. It's like if you find someone's wallet with $1000.00 in it. It's not yours-it belongs to the person who owns the wallet. "Legally".
kizanski Posted September 5, 2007 Posted September 5, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?Yes. It's like if you find someone's wallet with $1000.00 in it. It's not yours-it belongs to the person who owns the wallet. "Legally".What wallet?
Turdus Posted September 5, 2007 Posted September 5, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?Yes. It's like if you find someone's wallet with $1000.00 in it. It's not yours-it belongs to the person who owns the wallet. "Legally".Thanks Steve.... I always wondered about that. Several years back, I sent an LP to a guy. He never got it, but UPS showed it as delivered. During the loss investigation, the UPS driver went to house of intended delivery, and claimed that was not where he left it. He could not remember which house he left it at. So somebody got a free LP. Does this mean they committed a felony by not reporting they got it in error?
serial Posted September 5, 2007 Posted September 5, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?Yes. It's like if you find someone's wallet with $1000.00 in it. It's not yours-it belongs to the person who owns the wallet. "Legally".Thanks Steve.... I always wondered about that. Several years back, I sent an LP to a guy. He never got it, but UPS showed it as delivered. During the loss investigation, the UPS driver went to house of intended delivery, and claimed that was not where he left it. He could not remember which house he left it at. So somebody got a free LP. Does this mean they committed a felony by not reporting they got it in error?There are limited exceptions to the rule, but title ("ownership authority") doesn't pass simply because of a "mistake", particularly when proper title was with the owner of the guitar who was selling it and never relinquished. UPS didn't have the authority to transfer title to the misdelivered address, so they couldn't legally pass title on to the new "owner". Technically, the new "owner" knows or should know that he/she received something without obtaining proper title to it and has a duty to relinquish it if the owner can be determined. It's like when a Brinks truck drops bags of money in the street, you don't get to keep them if you find them.
Pieman Posted September 5, 2007 Posted September 5, 2007 I had a similar experience a few years ago. I bought a nice limited edition custom telecaster, fewer than 100 made for east coast dealers who were clamoring for a modern '52 reissue. The seller put my address on one side of the box, but the other side still bore the shipping label of the music store where the seller originally bought the guitar. Well, I checked the FedEx confirmation site and sure enough it was delivered, but not to me. It went back to the mom-and-pop store, where they unpacked it and scratched their heads. A couple of days later FedEx retrieved it, repacked it and shipped it next day air. I think the case, which was advertised as mint, was a bit dinged up because the re-pack job was minimal. It was a headache for a few days. But, since it was not what Serial would say is a "fungible" item, I took it. I think I might have been refunded the shipping by FedEx. I know the local FedEx was worried because the guitar was insured for more than $1,000 and that kicked it up a level when the lost item claim was made. FedEx is supposed to check for old labels on boxes and the clerk didn't do that. Sales sometimes go badly and you can try to work it out with the seller. You should be glad you have your money back and you are not hassling ovber that or the condition of the guitar. I think, though, the seller should have offered you the choice - - the $$ or the guitar (on approval).. They should not have cancelled the deal without your request to do so.
Steve Haynie Posted September 5, 2007 Posted September 5, 2007 What Brinks truck?It is an armored truck used to move big sums of cash from one bank to another.
Matt Mattson Posted September 5, 2007 Posted September 5, 2007 Here's what I want to know... is the other guy legally obligated to return the guitar? Morally, sure... legally ?Yes. It's like if you find someone's wallet with $1000.00 in it. It's not yours-it belongs to the person who owns the wallet. "Legally".What wallet?It's a foldable pouch used to carry money. Can be made of leather, nylon, or almost any pliable material and come in a variety of colors.
BubbaVO Posted September 5, 2007 Posted September 5, 2007 How did you pay for it? If you used a credit card, federal law gives you certain rights. When you get your monthly statement, initiate a dispute by following the directions under the Fair Credit Billing Act section (or some similar language). Some networks are more aggressive than others about pushing a transaction back on to a merchant (e.g., American Express has a very pro customer reputation). That might help.Good luck.
silentman Posted September 5, 2007 Posted September 5, 2007 "Finders, Keepers; Losers, Weepers" are words to live by.
serial Posted September 5, 2007 Posted September 5, 2007 "Finders, Keepers; Losers, Weepers" are words to live by. I gotta say Lou, every time I see your avatar, I am convinced that you have a great sense of humor! Velma Rocks!
Devnor Posted September 5, 2007 Author Posted September 5, 2007 Everything is peachy now...my VISA was credited, the status of the guitar is unknown. GAS has passed so I'm gonna pass. In hindsight that was probably not such a smart purchase since I have no way to record my craptastic playing at the moment. Guitars are so much sexier than computers even if it's a Mac. Big money like that needs to go into Hamers...not Ernie Ball products
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