I got sent the wrong pickups! P-Rails!

Rex_Rocker

Well-known member
So I ordered a 496R to go with my recently acquired 500T. Waited for it for like over two weeks, I guess because of the hurricane.

So the package is in today... and guess what. Not a single 496R, but a set of Duncan P-Rails neck and bridge, LOL.

Should I keep them? What would y'all do?

TBH, I was starting to think I might not like the 496R. I listened to a clip of it being compared to the Duncan '59, and I liked the '59 better... and I don't normally like the '59, LOL. So that had me thinking.

Anyways, do you guys think I should keep them? Return them?
 
The law says they are yours. If you don't want them sell them and order another 496R.
 
That's the thing... I don't want them, but now that I have them, I remember I really liked the Phat Cat when I had one.
 
Oh yeah, and the company still needs to fulfill your order. But no, you do not have to send them back.

companies are prohibited from mailing unordered merchandise to customers. You have the legal right to keep it as a free gift, according to the Federal Trade Commission (FTC).

Sellers aren't permitted to ask for payment for unordered items, either, and the FTC says consumers are under no obligation to even tell the seller about the wrongly delivered merchandise.

"Customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift," the guide says, noting that businesses cannot try to get payment for the item, nor can businesses demand the item be returned.
 
They are really cool pickups, but maybe not your style. You wouldn't have an issue selling them, though.
 
I like the 496R better than the 59N. The 59N has tubby bottom end. Only works in bright guitars or in the bridge position for me. The 496R has the perfect evenness for the neck position, has a little bit of heat to work with, but still has chime and clarity when rolled back to clean. The first time I installed the 500T/496R set, I realized why they were also the set used for the original Jimmy Page model Les Paul. Though they are ceramic, they do make the quintessential "GIbson sound" very evenly and cleanly in just about any amp you throw them in front of. THey rock hard when you need it and clean up when you need it.

Tweakers and purists need the low-power PAFs to make those same sounds, but those kinds of people often also have THE original vintage amps and other gear that is matching and period-correct to go with it.
 
Complying with the law allows you to live at peace with the seller who sent you the wrong items. But living at peace with yourself would require you to comply with your personal integrity and moral values.

Mistakes happen. This seller made a mistake, he did not intend to give these to you as a "gift". The law also states that while you shouldn't be burdened by the mistakes of another, you also should not be unconscionably benefitted. Put yourself in his place...what outcome would you want from this dilemma? Sometimes it's not worth the effort or trouble to arrange and pay for a return and the seller will just say "keep it". But this is a $250 mistake.

My advice...
Inform the seller that he sent you a set of P-Rails by mistake and that you are willing to return them once you receive a prepaid return label and the correct item that you ordered. Let the seller decide what he is willing to do.

Keeping them may be your legal right, but is keeping them the right thing to do? In a civilized society we look after each other, we don't try to take advantage of each other.

If you find a wallet on the street with $250 in it, is it "finders keepers, losers weepers"? Or do you call the person who lost their wallet?

We each have our own levels of integrity so do what your conscience tells you. This is a personal thing and you don't need to let us know what you end up doing.
 
Keeping them may be your legal right, but is keeping them the right thing to do? In a civilized society we look after each other, we don't try to take advantage of each other.

I do not think keeping the pickups is taking advantage. Shrinkage is calculated in the price of retail products. Therefore every time you buy something online you are paying extra to cover the losses of the retailer. I would consider this the retailer taking advantage of the consumers. If there is an opportunity to benefit from an error by the retailer why not? They have already hedged themselves for this loss, they are losing nothing. Also by alerting them to their mistake you could be alerting them to an error in their logistics system that could cause them to lose way more than $250 the next time.

Bottomline - no one is getting hurt financially in this situation.

With this in mind if I bought something from an individual on Reverb or a Mom & Pop shop I would be prone to return it. If MF or GC sends something out by mistake it's calculated in their P&L statement, no one is getting hurt.
 
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There's a middle ground between "getting a deal", and doing the right thing. This happened to me quite a few years ago. I ordered, (locally), the Duncan Livewire II humbucker set. They got in the Livewire II Strat set. I said, "make me a deal that saves you returning them." They offered them to me at their cost. I got the Strat set for $150. Super deal and they've become one of my favorite Strat sets.
 
I do not think keeping the pickups is taking advantage.

WHAT!!! Oh my, have you got that all wrong!

Shrinkage is calculated in the price of retail products. Therefore every time you buy something online you are paying extra to cover the losses of the retailer. I would consider this the retailer taking advantage of the consumers. If there is an opportunity to benefit from an error by the retailer why not? They have already hedged themselves for this loss, they are losing nothing. Also by alerting them to their mistake you could be alerting them to an error in their logistics system that could cause them to lose way more than $250 the next time.

Any time you buy anything from any retailer you are paying extra for their losses. It is indeed built into their prices. You are absolutely correct about that.

Stores experience a great deal of loss from theft. That loss is built into their retail prices. The more losses/theft they have the more they raise their prices to cover it. Those price increases hurt everyone, especially the consumer! If there was no theft the prices that you and I pay would be lower and the retailer would sell more product because of the lower prices. Everyone would benefit from no losses...in money, time, inconvenience, trouble, relationships, and peace of mind.

So you justify stealing or taking advantage of a seller (which is essentially the same thing as stealing) because he will just raise his retail price to offset his loss?!
And looting is ok because the insurance will cover the loss?!! (That is just sick reasoning!)
Then the insurance company raises their rates to cover their loss. Then people steal or loot more because they think that the loss will just be built into the insurance rates, and they have already paid for the store loss anyway.

So the store is covered from his losses, the insurance is covered from its losses, and we are justified to steal to cover our losses from the higher retail prices!?!

Yeah, that's good.

I would consider this the retailer taking advantage of the consumers..

And how is the retailer accidentally sending a customer $250 taking advantage of him?!


Bottomline - no one is getting hurt financially in this situation..


Bottom line - EVERYONE gets hurt financially in this situation!!!!!!!


With this in mind if I bought something from an individual on Reverb or a Mom & Pop shop I would be prone to return it. If MF or GC sends something out by mistake it's calculated in their P&L statement, no one is getting hurt.

So, it's ok to steal from big stores because they don't get hurt when someone steals from them?! Because a P&L statement is just a piece of paper, it's not an actual loss to the business. (Believe it or not, businesses have gone bankrupt because of poor P&L ratios...and, news flash, that DOES hurt a business. And hey, a "business" is actually a person or persons...big or small).

Come on! You can't actually believe all of what you've said. Even if you leave all morals or ethics out of the equation (which you shouldn't), the numbers just don't add up. Just logic and reasoning should tell you that.

Well, I'm not going to force my morals on anyone. You guys feel and do whatever you want. But I can tell you from many years of being a seller and a buyer and a human being, that this is a very big problem with business and society. To the point that it is becoming very difficult to refer to us as a "civilization" anymore (from being civil, courteous, polite, mannerly, acting for the common good, etc.).
 
I’m with Doc on this one.

I just ordered a strap from Couch (I recommend them btw) and they sent a second by mistake. I told them, they apologized and they sent a return label. In other cases they just tell you to keep it or they throw a coupon at you. If this had been Amazon maybe it would have taken me longer to tell them lol
 
Any time you buy anything from any retailer you are paying extra for their losses. It is indeed built into their prices. You are absolutely correct about that.

Stores experience a great deal of loss from theft. That loss is built into their retail prices. The more losses/theft they have the more they raise their prices to cover it. Those price increases hurt everyone, especially the consumer! If there was no theft the prices that you and I pay would be lower and the retailer would sell more product because of the lower prices. Everyone would benefit from no losses...in money, time, inconvenience, trouble, relationships, and peace of mind..

Do you know the definition of "loss" in a P&L? If the prices are calculated for shrinkage and shrinkage is below that margin there is no loss. Let's take this a bit further. The retailers calculate a certain percentage of loss, called shrinkage. During the pandemic, most of these retailers closed their brick-and-mortar stores for months and relied on e-commerce. The brick and mortar stores account for the majority of the shrinkage due to damages or stolen items.

How many retailers announced their shrinkage was expected to be 3% but it was 1.7% due to the pandemic therefore they were reducing prices or rebating all of the consumers that shopped in their stores last year? None. If retail theft stopped tomorrow retailers would still calculate shrinkage into their P&L and charge it to consumers. The reason being it increases margins and it is easier to overcharge the consumer than to put in some type of commercial insurance device to protect merchandise and profits.
 
I did message the seller. He told that I should issue a return via eBay, which I guess has to do with eBay policies. I told him I did not want to wait another 2+ weeks for the 496R, and if I could keep the P Rails. He told me that works.

I think maybe I should've asked for my 496R on top of the P Rails legally, right? But honestly, I didn't want to start a dispute for a pickup that I lost interest in while I waited for it, TBH.

So I guess I won't have my 496R now, but I get to try the P Rails.
 
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Thank you Securb for letting me know what I'm entitled to. I guess I just didn't want to take it further. :)

Like I said if it was an individual, I would have done the same thing. It would be a loss for a person, and I would not feel cool with that. GC or MF I would say the hell with them. You are a good man Rex.
 
I did message the seller. He told that I should issue a return via eBay, which I guess has to do with eBay policies. I told him I did not want to wait another 2+ weeks for the 496R, and if I could keep the P Rails. He told me that works.

I think maybe I should've asked for my 496R on top of the P Rails legally, right? But honestly, I didn't want to start a dispute for a pickup that I lost interest in while I waited for it, TBH.

So I guess I won't have my 496R now, but I get to try the P Rails.

I think reaching out was great and IMHO the Prails set is awesome. Tinkerer’s paradise with a bazillion possibilities. Have fun.
 
If retail theft stopped tomorrow retailers would still calculate shrinkage into their P&L and charge it to consumers.

^This. All you need to know.
Believing that reducing cost for the seller in any way will or better yet should somehow result in lower price for the end consumer is just fooling yourself. It has nothing to do with anyone's sense of morality.

Any type of business, especially big ones, uses every possible legal angle to reduce it's operating cost and increase profit. They are covered in any possible instance, usually at your expense, and fully legally. And now that an individual has a legal right for that small win, they should be hollier than JC himself, because morality and some backwards business logic? Makes zero sense to me.

If it's a small shop or an individual, it's much easier to empathize and do the right thing.
 
Do you know the definition of "loss" in a P&L? If the prices are calculated for shrinkage and shrinkage is below that margin there is no loss. Let's take this a bit further. The retailers calculate a certain percentage of loss, called shrinkage. During the pandemic, most of these retailers closed their brick-and-mortar stores for months and relied on e-commerce. The brick and mortar stores account for the majority of the shrinkage due to damages or stolen items.

How many retailers announced their shrinkage was expected to be 3% but it was 1.7% due to the pandemic therefore they were reducing prices or rebating all of the consumers that shopped in their stores last year? None. If retail theft stopped tomorrow retailers would still calculate shrinkage into their P&L and charge it to consumers. The reason being it increases margins and it is easier to overcharge the consumer than to put in some type of commercial insurance device to protect merchandise and profits.

Don't try to tell me about P&L statements and what a "loss" is. I was a business owner for 30 years and am very familiar with these and am also very familiar with the differences between paper work and actual impact on the business.

Again, you just happen to be wrong.
 
I did message the seller. He told that I should issue a return via eBay, which I guess has to do with eBay policies. I told him I did not want to wait another 2+ weeks for the 496R, and if I could keep the P Rails. He told me that works.

I think maybe I should've asked for my 496R on top of the P Rails legally, right? But honestly, I didn't want to start a dispute for a pickup that I lost interest in while I waited for it, TBH.

So I guess I won't have my 496R now, but I get to try the P Rails.

You did the right thing by informing the seller and letting him make the decision to let you keep the P-Rails.
 
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