So I was sent an Iphone.....

[Skeet Skeet]

To make the long story short, I bought an Iphone 3GS brand new unlocked from Nomorerack.com, didn't show up for 3 weeks, they asked if they could refund my money, I said yes, they mailed Iphone day after I said refund my money, 4 days later my refund appears on my credit card, next day my Iphone gets here. So I was oooook well I activated the Iphone on straight talk and started using it. Well 2 weeks later, Nomorerack's vendor calls me up wanting me to send the phone back.

Am I wrong telling them to go to hell?

[evil_demon_01]

Am I wrong telling them to go to hell?

Unless you pay for it, Yes.
It wasn't your phone to begin with seeing as you accepted the refund.

A verbal agreement on the phone is as good as a signature.
And no doubt they have your conversation recorded.

[Tippey764]

A verbal agreement on the phone is as good as a signature.
And no doubt they have your conversation recorded.

They would have to prove it was him on the phone and chances are they wouldn't take further action over a cheap phone

besides the point though

It would be wrong to tell them to go to hell in a moral sense

The real question here is, do you feel wrong for keeping the phone without paying for it? From the sounds of it you don't. Its a moral decision you will have to make.

[Skeet Skeet]

Well I was trying to avoid the long story behind it. They wouldnt cancel my order after a week went by after i made the purchase due to the fact it didnt ship. So I did a charge back on them through my credit card company. The day I finally got the chargeback, they said oh hey we cant ship your phone for 2 weeks do you want a refund or do you wanna wait? I said refund. 5 days later I see the refund and the next day this phone shows up. I NEED a phone hence the reason why I bought it and it was cheap to start with. So being without a phone for oh...3 WEEKS (because I didnt have any money in my budget to buy another on top of the iphone), I am keeping this one. Im accepting it as a gift due to the fact it took them over 2 weeks to contact me about it and another 3 weeks to get the damn thing. Then they had the nerve to chew me out after I explained all the grief I went through with this transaction. I was almost willing to come to an agreement on payment until the company who sent the phone out chewed on me for no reason. I didnt come out and say no at first so why chew me out?

[Jarrett]

It doesn't really seem like you have much of a question. Your opinion seems firmly held.

[wed3k]

i have a 2g you can send them.

[evil_demon_01]

i have a 2g you can send them.

I have a Samsung he could send . . .

[deevergote]

Actually, a verbal agreement is pretty much worthless according to US law. I deal with that at work with foreclosures. I have to ask any tenants if they have a written or verbal lease. If it's verbal, they essentially don't live there. The bank can show up, throw their shit in a dumpster, and change the locks... and they can't do a thing about it.

However, a recorded phone call could prove that he accepted the refund, then accepted the phone KNOWING he was getting the refund. That's essentially admission to stealing.

And yes, keeping the phone and accepting the refund IS stealing. You're keeping something that you didn't pay for, against the wishes of the company that you were buying it from. They screwed up, yes... but that doesn't mean you deserve a free phone for it.
Wipe your data and send it back, or send them the money for it. Maybe call them and ask if you can pay a lesser amount for the phone as compensation for your "troubles". Then you get a discount, they get their money, and everyone is happy-ish. Best of all, you're not a thief.

[JesseXC]

This shouldn't be hard decision for you, pay them.

[Ralphie]

Ya really.

Kind of surprised actually.

Don't you major in Engineering?

Well I guess that doesn't mean much, they don't teach common sense and actually it isn't so common anywho.

Do what ya want, but it isn't right to keep it.

You only raise the cost for the rest of us(in some way or another)

[Amiss]

morally yes, but legally no, they chose to send you a phone after you both agreed on a refund. they essentially gave it to you free after the issue of the refund/not receiving a phone was done and dealt with

[illinois_erik]

buy another one then donate it

[deevergote]

He paid for a phone, he got a phone. They messed up and gave a refund after the phone had been shipped (judging from the timeline described in the original post.)
Their mistake, yes. But that shouldn't mean he gets a free phone.

If you go to the bank, and the teller gives you an extra $50 by accident... it's not an issue of "you SHOULD return it"... it's your legal obligation, and anything less is considered theft.


Could they press the issue regarding the phone? Probably. Will they? Probably not. The money it would cost to involve a collection agency or lawyer would be far more than the loss on the phone. They'll just write it off as a loss after a few phone calls, letters, and emails (if they have your email address.)
You'll be a dick, screwing over a company... but you'll have a free iphone.

I hope you're not active in the Classifieds on this forum, though... because anyone who has seen this thread knows exactly how you do business. I know I wouldn't risk a transaction with you myself!

[AstroVannin]

So basically, you were hoping that the forum here would just make you feel more justified in taking something you didn’t pay for?

Irony will be someone breaking into your car and stealing it, which I certainly hope happens.

For once I agree with Mike, I don’t do business with people like you either.

[Minze]

So basically, you were hoping that the forum here would just make you feel more justified in taking something you didn’t pay for?

Irony will be someone breaking into your car and stealing it, which I certainly hope happens.

For once I agree with Mike, I don’t do business with people like you either.