Dell not supplying Computer: Legal advice

maidhc

Dell are bound by contract when they send out the PDF order confirmation, which may be before money is taken from your account. Their T&Cs state as much and when you buy you agreee to those T&Cs i.e. the contract. End of story, if they cancel before you get the PDF tough luck, if they try cancelling after you can laugh at them.

This happend me with a laptop I bought from the Dell outlet. Between everything the laptop proved nonexistant, and they kindly sugggested I cancel the order and get a different one. I had paid €300 for the laptop and I refused to cancel and demanded a laptop within 10 days of equivalent or better specifications.

I got a brand new one along with a carry case and a 3yr NBD warranty as a consolation for my order being held up for almost 6 weeks.

So they are true to their contractual obligations. You took a gamble, you lost nothing, get over it.

Venom

Hank why are you still flogging this dead horse? In your own words from a previous thread you knew this to be a blatant mistake on the Dell website and took a chance that didn't pay off. Deal with it and move on man as all this talk about never doing business with Dell is just sad man.

savemejebus

savemejebus wrote:

The pricing error seems to have been

500GB Serial ATA Raid 1 Mirror (2x500GB 7200rpm drives with DATABURST cache) [add/subtract] €1,415.69

Turns out this wasn't the pricing error, as it is now :eek:

500GB Serial ATA Raid 1 Mirror (2x500GB 7200rpm drives with DATABURST cache) [add/subtract] € 1,645.60

they must have had a low cost base price for the thing to start with.

micks

i reckon you have some thing to go on with a reciept - contract law and all that
i once got a jacket incorrectly priced at 1/2 price in arnotts
it came up full at the till
i chanced my arm , they got a manager - who apologised and gave it to me at 1/2price

also a mate's dell packed up on main fan failure 1 month after the warrenty expired he was having a bad day and went ballistic with them when they said it wasn't covered - 3 days later he recieved a new pc and they told him to bin the old one - strange but true

dont give up on them - contact the citizen advice bureau or someone
and try give them hell on the phone
you never know

astrofool

micks, what Arnott's did is purely good will, they were under no obligation to sell at that price if it was mis marked, it'd be easy for everyone to mark their own price and chance it if the law agreed with that type of thinking.

Anyway, the first few posts were correct, legally you don't have a leg to stand on.

AND BESIDES,

now you have a chance to get a proper computer, and not a piece of crap from Dell

TerrorFirmer

astrofool wrote:

micks, what Arnott's did is purely good will, they were under no obligation to sell at that price if it was mis marked, it'd be easy for everyone to mark their own price and chance it if the law agreed with that type of thinking.

Anyway, the first few posts were correct, legally you don't have a leg to stand on.

AND BESIDES,

now you have a chance to get a proper computer, and not a piece of crap from Dell

Hey!

I have a pc from Dell and it plays Doom 3 and Half Life 2, as well as BF2, on full whack....

RuggieBear

MobileInfantry wrote:

Hey!

I have a pc from Dell and it plays Doom 3 and Half Life 2, as well as BF2, on full whack....

aye...but you probably paid a good 25%-50% more than you should have for the priveledge

Hank_Scorpio

Got to give it a go. Why not? As someone said there I have nothing to lose

CuLT

Hank_Scorpio wrote:

Got to give it a go. Why not? As someone said there I have nothing to lose

Your dignity? Self respect?

Jesus, let it go. Really.

sketch sums it up:

aidan_walsh wrote:

Come off it. You knew you were chancing your arm when you ordered it. Stop throwing your toys out of the pram, suck it down and get over it.

sceptre

Hank_Scorpio wrote:

It is their only advertising outlet.

I find it difficult to watch TV for a few hours without seeing that new wally with the badly-synched overdubbed voice they've got flogging the things on TV. Or pick up the Irish Times. And stuff keeps coming through the door.

This thread is veering towards farce but I'll knock it over to the shiny new Consumer Issues forum where it really belongs and see if the mods would like to indulge in some thread-steering.

Hank_Scorpio

Appologies if I posted it in the wrong area.

And I'll never let it go... never. I want my computer

Ah I suppose people have a point. I just wanted to see what the general reaction was and basically it's what I was thinking in the first place. I'll ring them again and if nothing comes of it I'll just leave it. Don't want to make waves for anyone.

Cheers for everybodies input and I won't talk about it anymore because I see it's getting on peoples nerves.

Adious amigos. Thanks again

parsi

Hank_Scorpio wrote:

Appologies if I posted it in the wrong area.

And I'll never let it go... never. I want my computer

Ah I suppose people have a point. I just wanted to see what the general reaction was and basically it's what I was thinking in the first place. I'll ring them again and if nothing comes of it I'll just leave it. Don't want to make waves for anyone.

Cheers for everybodies input and I won't talk about it anymore because I see it's getting on peoples nerves.

Adious amigos. Thanks again

A few years ago Kodak had a similar problem on their website reagrding a particualr camera. The error occurred over the New Year weekend and was flagged left right and centre. I order 2 of the cameras on the off-chance. What they did in the end was to supply 1 camera to everyone at the erroneous price.

It was a UK site so the Trading Standards people were involved and the basic fact that came out was that unless the seller had actually taken payment for teh goods they did not have to honour that price. This gives them some leeway for the inevitable pricing errors that do occur and the way they propagate way beyond (bit different to yor local shop mispricing the bread..). This is why the retailers don't generally debit your card until the goods are shipping - it at the very least allows a sanity check on pricing and probably gives them to chance to react to a sudden massive & unexpected demand for a product.

Lets face it - in these situations all the intending buyers _know_ its an error and are only buying on the off-chance it is accepted. Its not like some poor innocent soul is getting ripped off...

MrPudding

parsi wrote:

A few years ago Kodak had a similar problem on their website reagrding a particualr camera. The error occurred over the New Year weekend and was flagged left right and centre. I order 2 of the cameras on the off-chance. What they did in the end was to supply 1 camera to everyone at the erroneous price.

It was a UK site so the Trading Standards people were involved and the basic fact that came out was that unless the seller had actually taken payment for teh goods they did not have to honour that price. This gives them some leeway for the inevitable pricing errors that do occur and the way they propagate way beyond (bit different to yor local shop mispricing the bread..). This is why the retailers don't generally debit your card until the goods are shipping - it at the very least allows a sanity check on pricing and probably gives them to chance to react to a sudden massive & unexpected demand for a product.

Lets face it - in these situations all the intending buyers _know_ its an error and are only buying on the off-chance it is accepted. Its not like some poor innocent soul is getting ripped off...

I was under the impression that payment was actually taken in the Kodak case.

MrP

parsi

My memory is blurry but I seem to recall havin to ring Kodak to pay as there was some issue with Irish orders..of course there is the possibility that payment was taken for a small number of early orders which then flagged some error somewhere but at the very least the vast majority didn't have payment taken.

Sponge Bob

Speaking as a beneficiary of this particular Dell Cockup last year I will say that if they DO take your money you will (eventually) get your servers as promised. In my case they took my money , lost some paperwork on their system and delivered higher spec machines a few weeks late under a smidge of pressure . Some of their 'offers' cause a frenzy so the product is only on the website an hour or two before they are sold out and then some.

If they DO NOT take your money they have a get out .