What would you do?

marc61 · Post by **marc61** » Wed Jun 06, 2007 10:53 am

I had ordered a Hofner Icon from music123.com last September at $299. They never delivered it, so I cancelled the order. I think I placed an order again at $349, then cancelled that.

Got an e-mail yesterday that they shipped one to me, but as far as I know I never paid for it, and my cards have not been charged. The bass arrives tomorrow.

shamustwin · Post by **shamustwin** » Wed Jun 06, 2007 11:12 am

Are they sending you the $299 cancelled order or the $349 cancelled order?

marc61 · Post by **marc61** » Wed Jun 06, 2007 12:33 pm

The $349 cancelled order. Here's the new problem, I decided to call them. There is no order on file, so I kinda can't return it, and it's not paid for.

I know some would say "free bass" but, I'm not a thief.

charlyg · Post by **charlyg** » Wed Jun 06, 2007 1:41 pm

I would return it anyway.

kenposurf · Post by **kenposurf** » Wed Jun 06, 2007 1:43 pm

It is a free bass..the law is that if you did not order (or in your case cancelled an order) and an item shows up on your doorstep it's yours...

teb · Post by **teb** » Wed Jun 06, 2007 2:22 pm

If you still want one, make them an offer (maybe $300 total). They make less profit, but the matter goes away neatly. They're already going to be on the hook for two shipping charges even if you're a nice guy and send it back, so they might be willing to come down on price to avoid dumping more cash into their mistake. If not, they can send a call tag and pay for their error. You will have done your part and attempted to help them fix the problem.

marc61 · Post by **marc61** » Wed Jun 06, 2007 2:36 pm

Right now the problem is, they won't take it back because it's not in "their system". I will have to watch to make sure they don't charge me.If they do I will return it. For now, when it gets here Friday, I will just keep it in the box and see what happens.

johnallg · Post by **johnallg** » Wed Jun 06, 2007 4:22 pm

If there is no charge, and you did try and do the right thing, contacting them, and they say you and the order don't exist, then it is yours with a clean conscience. Short of you paying to ship it back, what else can you do?

Hell, if it really bugs you, ship it to me (I'm only 1.5 hours away from them) and I'll wrestle with my conscience!!

teb · Post by **teb** » Wed Jun 06, 2007 8:01 pm

It seems to me that at this point you've made a more than adequate attempt to help them correct their error - which is neither your fault or your responsibility. If a retailer is too stupid to take advantage this kind of customer cooperation, they probably deserve to lose money. Enjoy your new bass and if they charge you for it, tell them that you don't like it and send it back.

doctorwho · Post by **doctorwho** » Wed Jun 06, 2007 11:04 pm

Marc said:

... because it's not in "their system". ...

I'd get a legal voice recording of that statement. Also, if you have any records of your order cancellations, get them in order as well; this way, you'll be protected if they do wind up charging you and then refuse to take it back.

marc61 · Post by **marc61** » Thu Jun 07, 2007 12:27 am

That's what my wife said Gary. The issue is, they sent a package, and it will be signed for.

Hopefully there's an invoice with the package, I will call and straighten it out that way.

It's funny because this happened to my wife about 20 years ago.She got $200 out of an ATM machine that wasn't in her account. The bank refused to take the money back, as they couldn't account for it.

PS - Anyone here still wondering why Music 123 filed for bankruptcy protection?

randyz · Post by **randyz** » Thu Jun 07, 2007 2:36 am

Marc: Banking sure has changed. About twenty years ago I got cash at a drive-thru window. When I got home and removed the bills from the envelope, there were a couple of pennies at the bottom. The next month my statement showed a deduction of those lost pennies.

ram · Post by **ram** » Thu Jun 07, 2007 4:23 am

Marc you made the effort. For now, a free bass. As Gary suggested, document as much as you can (even transcript of this thread) and put it in a folder somewhere. I think rules on this type of stuff vary state to state, but usually seller and buyer have some sort of grace period for mistakes. Enjoy the bass, but be ready to send it back (at their expense) or pay for it.

A friend had a similar experience with a bank to the tune of a several thousand dollars. After about six months they came looking for it. So he arranged a payment schedule with them (interest free) while sitting on the amount in another account.

admin · Post by **admin** » Thu Jun 07, 2007 4:33 am

Randy: I hear you. Don't you also love the situation in which your account is short by two cents and the system does not take out your payment! Then adds a surcharge of $10 for the two cent shortage. As they say, "it works for us."

steve_hershberger · Post by **steve_hershberger** » Thu Jun 07, 2007 6:23 am

Marc - You're dealing with M123! Despite all you've done so far, they're telling you the bass will be delivered today (or tomorrow)...

Don't believe it until you see it at your house!

AND, for the next few days, keep track of any new postings to your CC account too.

If the guitar doesn't show up as they say it will don't be surprised. They've been selling gear they don't have in stock (even saying "it's been shipped and will arrive on...") for a LONG time now.

No matter what they've told you, I'd bet money that you NEVER see that Hofner arrive at your house. For you, I hope I'm wrong on that.

On the other hand, I hope they don't charge you for something that they'll never get delivered to you. So definitely keep monitoring your CC transactions.