IMPORTANT INFORMATION ON YOUR DUPLICATE ORDER

Live forum: http://forum.freeipodguide.com/viewtopic.php?t=9478

Rebeljt

23-03-2005 13:49:32

Here is what I got today.

IMPORTANT INFORMATION ON YOUR DUPLICATE ORDER



Dear user of FreeiPodShuffle.com,



You recently received a duplicate iPod Shuffle order by mistake. This was a shipping error that was made to a small number of customers, and you are one of the few who received two iPod Shuffles.



You may NOT legally keep the second product you received free from us. We need you to return this iPod Shuffle to us, as soon as possible. We will be sending you instructions on how to do so which you will receive in the next few days. You will be sent a box to return the duplicate Shuffle in, along with detailed instructions and pre-paid postage on how to get the item returned back to our facilities. There will be no shipping cost to you. Once we receive the item back from you, you will no longer be liable.



Do NOT open the box which the Apple Shuffle is contained; however, if you already have, please repackage the item carefully back in its original box with all of the original contents.



If you have not received this return kit from us within 7 days of this email, or would like to go ahead and mail the shuffle back to us sooner you may do so. Make sure your name and order number are on the box and send it to



FreeiPodShuffle.com

C/O eFulfillment Services

6893 Sullivan Rd

Grawn, MI 49637



We apologize for this mistake but please know we are pursuing the return of our merchandise to the fullest extent, and those unreturned will be investigated and contacted through additional channels.



If you have any questions please email= us at email=legal@gratisinternet.comlegal@gratisinternet.com us at email=legal@gratisinternet.comlegal@gratisinternet.com/email



Thanks for your help, and donít forget to send the item back immediately upon receipt of the return kit you receive from us.



-Gratis Internet Legal Department

ENGRDawg

23-03-2005 13:56:45

I just got the same email. I really don't appreciate the heavy-handed language. I get pissed when people treat me like a fucking criminal for no reason.

vulcan300

23-03-2005 14:02:20

whats funny is this emails a joke, imo.


i love these few quotes

[quote324ffc04d1]You may NOT legally keep the second product you received free from us[/quote324ffc04d1]

[quote324ffc04d1]We apologize for this mistake but please know we are pursuing the return of our merchandise to the fullest extent, and those unreturned will be investigated and contacted through additional channels. [/quote324ffc04d1]


this ones great.

[quote324ffc04d1]If you have not received this return kit from us within 7 days of this email, or would like to go ahead and mail the shuffle back to us sooner you may do so.[/quote324ffc04d1]

ENGRDawg

23-03-2005 14:04:14

I don't think it is a joke. The address they give matches exactly the shipper's address on my shuffle box.

glacier505

23-03-2005 14:04:14

Yeah, really. I mean what are they gonna do? sue you because they screwed up? Its hardly your fault, you are hardly "liable" as they put it.

Rebeljt

23-03-2005 14:04:17

[quote0b6e22ed46="ENGRDawg"]I just got the same email. I really don't appreciate the heavy-handed language. I get pissed when people treat me like a fucking criminal for no reason.[/quote0b6e22ed46]

I know plus who the hell wrote this damn thing...

[quote0b6e22ed46]
You may NOT legally keep the second product you received free from us.[/quote0b6e22ed46]

Can anyone tell me why that statement doesn't sound right. I don't mind sending the product back. But my hell quit threatening me and proof your damn email before sending it.

They consider everyone who received a second shuffle to be a criminal. Hey it wasn't our fault. Jeez...

JT

vulcan300

23-03-2005 14:11:34

[quote7af1427e0a]Yeah, really. I mean what are they gonna do? sue you because they screwed up? Its hardly your fault, you are hardly "liable" as they put it.[/quote7af1427e0a]

exactly, what are they gonna say? you stole it?

I think the person who wrote this, was aware on how concerned some individuals are. If you don't send it back, ill guarantee they'll freeze your accounts, that's the most that will result from this.

ENGRDawg

23-03-2005 14:15:45

I just wrote them via my open support ticket on their website

[quote2fe891c3ea]I just got your email and I just wanted you to know I really do not appreciate the heavy-handed language of it. I offered to send it back to you first, and I feel like that email treated me like a criminal. By the way, you better pay for insurance on that package because the day the mail carrier takes it out of the mailbox I am no longer liable. I won't pay for your mistake.[/quote2fe891c3ea]

I'm not happy about this. The email that CG got from his contact makes me feel a little better, but why not send us something closer in tone to what he got?

CoMpFrEaK

23-03-2005 14:16:34

they can shove that letter back up their asses

CoMpFrEaK

23-03-2005 14:18:32

[quote15850d4256="Rebeljt"]
Do NOT open the box which the Apple Shuffle is contained; however, if you already have, please repackage the item carefully back in its original box with all of the original contents.
[/quote15850d4256]


this part is the part that makes me kinda pissed

ENGRDawg

23-03-2005 14:21:50

[quote15c60dfe37="CoMpFrEaK"][quote15c60dfe37="Rebeljt"]
Do NOT open the box which the Apple Shuffle is contained; however, if you already have, please repackage the item carefully back in its original box with all of the original contents.
[/quote15c60dfe37]


this part is the part that makes me kinda pissed[/quote15c60dfe37]

Yeah, that kinda sucks. At least they didn't say "if you have opened the box you will be sent a bill for $150." I think this place would explode.

Stroid

23-03-2005 14:29:35

wooooosaaaaaaaaaaaaa lirubs earsli dont worry people it will be ok

ENGRDawg

23-03-2005 14:33:49

lol z.

vulcan300

23-03-2005 14:33:59

woooosaaaa

wood

23-03-2005 14:48:11

Honestly, what can they do if you have already sold it?
Expect payment? Who decides that arbitrary number?

I'm not really surpised about this email, to be honest.

Their back is against the wall and this is basically damage control now.
They are doing the only thing they can, make hollow threats.

Obviously they will get more shuffles back with this email, then they would have without it. ?

CoMpFrEaK

23-03-2005 14:59:34

[quotedda02a1d4e="wood"]Honestly, what can they do if you have already sold it?
Expect payment? Who decides that arbitrary number?

I'm not really surpised about this email, to be honest.

Their back is against the wall and this is basically damage control now.
They are doing the only thing they can, make hollow threats.

Obviously they will get more shuffles back with this email, then they would have without it. ?[/quotedda02a1d4e]

sounds about right, dont think they wanna spend a lot of money sueing, not only does it cost money its bad reputation

cgtennis10

23-03-2005 15:00:06

to the many of you who recieved a second shuffle, this email is horrible. We're criminals because they screwed up??? If I recieved a second shuffle i would've kept it. Its there mistake and we shouldnt have to pay for it......

wood

23-03-2005 15:02:14

LOL. all of the people who have morals or are lacking a spine got a second shuffle.

all the people who would take more advantage of gratis than a drunk 16 yr old, only got one.

Karma...sigh...

cruex

23-03-2005 15:02:58

fuck them. its not our problem they fucked up. if i got a second one, i would have kept it. they can sue me for a 150 dollar product.

snowboarderchck5

23-03-2005 15:17:28

I got a second one... but from what I have read it is legal to request for it back...but what i want to know is what will happen if you dont send it back lol

CollidgeGraduit

23-03-2005 15:21:50

You guys are pathetic, complaining about the wording of the e-mail. They need to convey something to a group of people, who they assume (and rightly so, evidentally), that think its' their right to keep these iPod Shuffles.

If you opened it, sold it, or returned it, then you're an idiot. You had no right to - you know that the iPod Shuffle didn't belong to you.

Seriously, quit bitching about it, and do the morally, ethically, and legally right things. Look at the thread full of people thinking they have a right to keep the 2nd shuffle, and you WONDER why Gratis had to send out such a heavy e-mail?

CoMpFrEaK

23-03-2005 15:24:10

[quote16e1f1b9e0="CollidgeGraduit"]You guys are pathetic, complaining about the wording of the e-mail. They need to convey something to a group of people, who they assume (and rightly so, evidentally), that think its' their right to keep these iPod Shuffles.

If you opened it, sold it, or returned it, then you're an idiot. You had no right to - you know that the iPod Shuffle didn't belong to you.

Seriously, quit bitching about it, and do the morally, ethically, and legally right things. Look at the thread full of people thinking they have a right to keep the 2nd shuffle, and you WONDER why Gratis had to send out such a heavy e-mail?[/quote16e1f1b9e0]

cant we all get along and hold hands? lol

Doh004

23-03-2005 15:31:26

[quote8eb9bbf488="CollidgeGraduit"]You guys are pathetic, complaining about the wording of the e-mail. They need to convey something to a group of people, who they assume (and rightly so, evidentally), that think its' their right to keep these iPod Shuffles.

If you opened it, sold it, or returned it, then you're an idiot. You had no right to - you know that the iPod Shuffle didn't belong to you.

Seriously, quit bitching about it, and do the morally, ethically, and legally right things. Look at the thread full of people thinking they have a right to keep the 2nd shuffle, and you WONDER why Gratis had to send out such a heavy e-mail?[/quote8eb9bbf488]
Thank you CG.

You guys took too much offense to that. I mean if they went along saying "Could you pretty please send us back the second iPod shuffle? We promise to be your bestest friend if you do it liinsert picture of a kittenli" than no one would take them seriously. Give em a break, and it wasn't even that harsh.

Stroid

23-03-2005 15:31:52

I agree with CG 100% atleast some people are wanting to send it back.... like i know Engrdawg is sending it back he told me that before he recieved it...although the email is a bit weird if people cooperate their will be no problem

Rebeljt

23-03-2005 15:35:29

[quote657578915c="CollidgeGraduit"]You guys are pathetic, complaining about the wording of the e-mail. They need to convey something to a group of people, who they assume (and rightly so, evidentally), that think its' their right to keep these iPod Shuffles.

If you opened it, sold it, or returned it, then you're an idiot. You had no right to - you know that the iPod Shuffle didn't belong to you.

Seriously, quit bitching about it, and do the morally, ethically, and legally right things. Look at the thread full of people thinking they have a right to keep the 2nd shuffle, and you WONDER why Gratis had to send out such a heavy e-mail?[/quote657578915c]

I have every right to complain. There were better ways to send out that email. I do agree that we need to be honest and return them but I don't agree with the way it was done. It could have been handled in a much more professional manner. I even went as far as emailing them the day I got the second so I could tell them what was going on. Maybe I took it personal but hey I think there were better ways to handle it then a mass hey asshole email.

JT

CoMpFrEaK

23-03-2005 15:36:18

[quotee9fa4d172c="Stroid"]I agree with CG 100% atleast some people are wanting to send it back.... like i know Engrdawg is sending it back he told me that before he recieved it...although the email is a bit weird if people cooperate their will be no problem[/quotee9fa4d172c]


i just dont like bring threatened when it wasn't my fault, and i didn't even get a 2nd one. I guess its a good thing i didnt

Doh004

23-03-2005 15:38:55

It's not like they were forcing a knife to your throat (sp?) or anything. Be a man (not you, just a saying)

wood

23-03-2005 15:42:52

[quote1915f372ec="Rebeljt"]a mass hey asshole email. [/quote1915f372ec]


lol P

CollidgeGraduit

23-03-2005 15:48:00

I agree that it came off fairly threatening. However, the way I see it, I don't think they have time to dilly-dally with a "pretty-please" e-mail.

As far as legal action goes, it wouldn't be horribly expensive for them. From what I understand, they would just have to file legal papers in DC. If you want to fight it, you would have to fly to DC and go to court. Chances are, nobody is going to fly there to fight.

Someone screwed up and sent too many products, so it's not our fault that people got more than one. However, it is not too much to ask for you to hold on to them until you get a box from them, in the mail. I realize that the e-mail sounded rather demanding, but I imagine there were some people on the fence about selling/trading or keeping the shuffle.

CoMpFrEaK

23-03-2005 15:51:13

[quote846de6056a="CollidgeGraduit"]I agree that it came off fairly threatening. However, the way I see it, I don't think they have time to dilly-dally with a "pretty-please" e-mail.

As far as legal action goes, it wouldn't be horribly expensive for them. From what I understand, they would just have to file legal papers in DC. If you want to fight it, you would have to fly to DC and go to court. Chances are, nobody is going to fly there to fight.

Someone screwed up and sent too many products, so it's not our fault that people got more than one. However, it is not too much to ask for you to hold on to them until you get a box from them, in the mail. I realize that the e-mail sounded rather demanding, but I imagine there were some people on the fence about selling/trading or keeping the shuffle.[/quote846de6056a]

So you basically just said no lawsuit will ever occur if im not mistaken?

CollidgeGraduit

23-03-2005 16:13:02

[quotefa740523ab]
So you basically just said no lawsuit will ever occur if im not mistaken?[/quotefa740523ab]

Nope, I never said that. If you don't fly out to DC, you don't contest the lawsuit, so Gratis wins by default. We've done it at work, and I don't see any reason why this would be any different.

CoMpFrEaK

23-03-2005 16:25:11

[quote7c6b7c5171="CollidgeGraduit"][quote7c6b7c5171]
So you basically just said no lawsuit will ever occur if im not mistaken?[/quote7c6b7c5171]

Nope, I never said that. If you don't fly out to DC, you don't contest the lawsuit, so Gratis wins by default. We've done it at work, and I don't see any reason why this would be any different.[/quote7c6b7c5171]

Well would Gratis really spend thousands to hire lawyers and make the actual lawsuit for a $100 product, i also find that illogical

vulcan300

23-03-2005 16:25:22

How is this case any different from the previous incident with the hp and apple ipods.

I'll clarify what could happen later. I'll dig up the info and slap it here.

mrwzk

23-03-2005 16:43:35

legally you can keep it they sent it to you all they can do is request for it back and ban you from their sites. most people will send it back due to this email and due to things called morals. but you are not required to it is the right thing to do. i have seen around 50 people who have gotten 2 and just imagine how many people arent active on forums that got 2. gratis will be getting back a lot of shuffles. i think gratis shoul offer incentive for returning the shuffle like complettion of a site u are on. or something along that line this will cost them a little bit because now 1 less offer is done for the person to get their prize but they will be getting back a 150$ item so they will probabaly come out on top. this will help persuade people who are being greedy and want to keep both. gratis lost a lot of money due to this the other problems they had was only a few this seems to be widespread. as i said around 50 people i have seen posted they got 2 so that right there is 5,000$ that is if gratis pays around 100$ for them im not sure how much they get the shuffles for but my guess is they dont pay the 150$ normal people would. so send it back if you got 2 maybe they will be nicer to you for doing this like take you off hold for another site instead of just throwing out your case.

LTSmash

23-03-2005 16:59:29

Again I will post this..You are liable. Under federal statue, you are liable for any mail, packages, deliveries that come into your possession should they not be warranted. Failure to return to the appropriate party is in fact a federal felony. Check federal law, Theft of Mail (18 USC 1708 & 1709) and see for yourself. Gratis can file federal charges against you and has every right to. You may think that this company won't spend the time to go after everyone, but its a lot easier than you think with minimal effort. Its very easy to file a small claims suit, which is all they would have to do based on the price of the item. It is only a few dollars to file a suit and again, if you don't show up where they file it, you automatically lose and then they can have creditors go after you. There is absolutely no reason why Gratis should give an incentive to return them, they weren't yours in the first place. You are legally responsible for it and I don't think the email they sent was harsh. It was in the perfect tone considering the fact that again, it is a true federal offense to keep it and not return it.

CollidgeGraduit

23-03-2005 17:08:09

Yup, you are legally liable to return them. Gratis doesn't have to spend thousands of dollars on lawyers. All they have to do is pay to file the paperwork, and if the person doesn't show up to contest the suit, they win by default.

We've done this for products of similar value. We have a standard letter very similar to Gratis's that we send out. If they don't respond, we let them know that we are filing a small claims suit against them. Compared to the loss of just letting the item go, it's definitely worth it to pay the small amount to file the suit.

vulcan300

23-03-2005 19:14:01

[quote6280a9fa93]Theft of Mail (18 USC 1708 & 1709)
Postal Inspectors invest significant resources into the investigation of mail theft by criminals, postal contractors and employees.[/quote6280a9fa93]

This implication is towards mail that is not addressed to you, in this case, was the package not addressed to you? Though i am not advocating that forum users should definitely keep the additional shuffle, but from the standpoint of the average joe, and not of a Gratis affiliate, i feel that what i had stated, was basically how it would play out.


However before i leave this topic,

[quote6280a9fa93](d) If a user has received multiple orders at a shipping address, Gratis Internet has the right, at any time, to refuse future delivery to that address.[/quote6280a9fa93]

[quote6280a9fa93](a) All orders are mailed to the address provided by the user at the time the user orders the product. It is a user's responsibility to verify that the address provided is correct. Gratis Internet is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that a situation arises necessitating package forwarding, Gratis Internet is in no way responsible for ensuring delivery.[/quote6280a9fa93]


It is also worthy to note that nowhere in this disclaimer does it place liability on the user for an accidental duplicate shipment.

lates.