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Lawsuit? WTF? Simply exchange it and perhaps before sending it back lean on Apple to give a free upgrade to your order as 'compensation'.

I agree. I'd be happy to call it a day if Apple threw in a free upgrade (to more RAM, or a larger SSD, or even just a 3 year warranty).
 
Guys, there was Fraud committed here. And it appears to be intentional, Apple owes him a lot more than a couple of freebies.

Management needs to be made aware of what happened, and at the very least, he is owed a brand spankin' new machine with upgrades to compensate him for his time and troubles.

Lou
 
Guys, there was Fraud committed here. And it appears to be intentional, Apple owes him a lot more than a couple of freebies.

Management needs to be made aware of what happened, and at the very least, he is owed a brand spankin' new machine with upgrades to compensate him for his time and troubles.

Lou

Good luck proving intent.

My pet hate is Apple fans that believe Apple owns them compensation cause a mistake happens.

I agree this is bad, only cause personal information was compromised.

Though all the OP deserves is an apology, a New machine, the spec he paid for, and delivered as soon as possible. There is also the option of a full refund. Now if Apple does not issue him with a new Machine and stalls, fair enough, he can esculate it and see where it leads, legally Apple must at least accept the machine back and offer him a new one, or refund.

As per the above post, free Applecare would be a good gesture.
 
Guys, there was Fraud committed here.
'Fraud' would be wiping the Mac of data; ensuring that all accessories in the box looked untouched (which in most cases would mean replacing them with 'new'); replacing the product packaging; replacing the shipping box.

This was not fraud, it was simply a (serious) cock-up.
 
What you got was used, not a refurb. There's an important difference, and used is worse than a refurb!

I buy Apple refurbs and they are cleaned up, data wiped and OS installed as new, protective plastics are reapplied, and it is packaged in a new box.

What you got is worse. Someone made a return and they just flipped it around to you as new.
 
Webster's definition of Fraud:

Wrongful or Criminal Deception intended to result in financial or personal gain.

How does this not fit that definition?

Lou
 
Webster's definition of Fraud:

Wrongful or Criminal Deception intended to result in financial or personal gain.

How does this not fit that definition?
No-one other than you seems to think it was an attempt at deception.

Personally, if I were trying to deliberately trying to pass off something used as something new, I'd make a much better job of it. It would be like trying to sell your old car as new without having emptied the ashtray first.
 
That bites man - will they expedite a replacement for you?

This. I can't imagine asking for anything beyond this request. As someone else mentioned this sounds like nothing more than a simple, innocent, mistake in a shipping/receiving department. It's rare, as there are many checks in place to minimize occurrences, but it does happen.

Return it to Apple, ask that they expedite your new/replacement model (I guarantee you they will) and enjoy your nice new Mac Pro.

Webster's definition of Fraud:

Wrongful or Criminal Deception intended to result in financial or personal gain.

How does this not fit that definition?

Lou

The intention isn't there, or at the very least hasn't been proved. If another dozen or so similar reports pop up in a reasonable time frame then yes, an intention may be seen. As it sits though every piece of information given by the OP points directly at an unintentional mistake.

Just because tier one, and possible tier two, customer service doesn't admit to a mistake doesn't mean there's some grand conspiracy (intention) to defraud the customers. The only two things this indicates is that they are fully aware of a policy, more than likely with termination as a result for infringement, prohibiting them from speaking to such things on behalf of Apple and that he hasn't yet spoken with Apple's legal department (who would be authorized to debate such things) about the matter.

Seriously, such an argument makes me think you'd attempt to bring legal action against Matchbox for shipping this out and accepting payment for it, even though it's clearly just a random mistake. Yes, one is a $3,000 computer and one is a $2 toy, however the price has no bearing on whether or not wrong doing was intended.

mX37hAIMDSfEGtVV6bMilDA.jpg

(obviously not the Lotus that is mentioned on the packaging)
 
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What proof do you have that it was intentional deception and not a warehouse / shipping mistake ?

Customer returned Macs, Refurbished Macs, and Brand New Macs for a company as large as Apple, are warehoused in different areas. To say that Apple took a machine from a customer return and shipped it as new, to me, implies intent. Certainly not a simple shipping mistake.

But, whatever, if it happened once it can happen again, and management needs to know about it so policies can be changed to avert any future possibilities of it happening again.

Lou
 
Hi all,

Just thought I would share my experience. Ordered a new mac pro from the Australian online store in early February. By the end of February delivery estimate was for end of March, so I was pleasantly surprised when the order turned to 'shipping' in early march, and I received the machine on 6 March.

Excitedly I plugged it in and turned it on, and curiously there was no usual welcome / setup screen - it just booted straight to the desktop. After a little investigation I found that:

1. Someone else's user directories were still on the machine (though data had been deleted, presumably by that user);
2. The previous users admin password was still active on the machine...i.e. I could not install anything....
3. On the cardboard box that the unit was delivered in, I found that previous owners address / shipping information, though covered with a white sticker to conceal it. This confirmed that someone else had received the unit before me.

This is pretty outrageous in my book, an incredible breach of data security from Apple - I shudder to think what sort of data I would be able to retrieve about the previous owner relatively easily from this machine. Obviously I have no intention of doing this.

On top of this, apple have sold me a machine that was supposed to be new, and I paid full price, when in fact they shipped a second hand machine, not even properly refurbished!

So far apple's only response to this has been to try to get the machine back off me, presumably so they can destroy the evidence!

Crazy. Anyone else had this experience?


It wasn´t a 6 core / 64GB / 512GB / D700 by any chance? Mine had issues with the gpu, and I returned it three weeks ago to Singapore. They sent me a replacement unit a couple of weeks later. User directory T?
 
But, whatever, if it happened once it can happen again, and management needs to know about it so policies can be changed to avert any future possibilities of it happening again.

I can agree with that although I still don't believe it was intentional (the hard drive would have been wiped first).
 
Is there any way to check that my Mac Pro is new or not?

Did you purchase it new? Do you have an invoice for a new Mac? Did it come in a new box from Apple with appropriate packing materials? If so, then it's new.
 
Customer returned Macs, Refurbished Macs, and Brand New Macs for a company as large as Apple, are warehoused in different areas. To say that Apple took a machine from a customer return and shipped it as new, to me, implies intent. Certainly not a simple shipping mistake.

But, whatever, if it happened once it can happen again, and management needs to know about it so policies can be changed to avert any future possibilities of it happening again.

Lou

Are you just trolling? Seriously I love a good troll job but your premise is way out of whack. You really would try to take this to court? You can file suit for anything, getting a judgement is another story altogether. Unless you are a frivolous POS attorney acting on your own behalf, no decent lawyer will touch it. Any lawyer that moves on your argument is throwing duke at the wall to see if it sticks.
 
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and I received the machine on 6 March.

Excitedly I plugged it in and turned it on, and curiously there was no usual welcome / setup screen - it just booted straight to the desktop. After a little investigation I found that:

was it wrapped in plastic? the actual computer- with the zip strip plastic.
 
I'm finding that fairly unlikely seeing as the machine is in perfect working condition.

Maybe it's in perfect working condition because Apple repaired it...

So, what's the latest? Have you contacted Apple or the previous owner?
 
Maybe it's in perfect working condition because Apple repaired it...

If they had, it would have been classified as a refurb and the machine would have been striped clean of the previous owner's info and first startup would have had the new owner go through initialization. The OPs machine was just plain used.

Lou
 
If they had, it would have been classified as a refurb and the machine would have been striped clean of the previous owner's info and first startup would have had the new owner go through initialization. The OPs machine was just plain used.

Lou

Why would they wipe it clean if it went in for a repair?
 
someone returned it- "i haven't even used it"..

person taking the return believed them at face value and threw it back on the pile.

?
 
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