Dell Con Job

William Gates

Can someone please help. I have just been conned by Dell. 12 days ago on the 30th March I ordered a laptop from their Irish Outlet Store. I received the order acknowledgment and then waited for the laptop to arrive. When I called them today they said that the order had been cancelled?!? Their explanation......

The information in our records say that the order has been canceled as there was a problem in processing the order because of the specification. I am sorry to say but you will have to place for the order once again.

What the hell??!? What's it got to do with me if they cock*ed up? Should they not still have to deliver the laptop to me and offer me some form of compensation?

Can someone please tell me what my rights are and if you have had any similar problems with Dell? I really expected more from them. Their customer service was also really poor. I just kept getting past around from pillar to post and nobody seemed to want to take any responsibility. When i asked to speak to a manager they said that I could leave a message on an answering machine if I wanted to!!!

**Timbuk2**

Do you have any proof of purchase so at least you can make an argument??

Bard

Did they get any of your money?

I'd suggest going to an actual retail outlet and buying a laptop which has a good name and good support like Toshiba or HP.

William Gates

Yes, they emailed me my order acknowledgemnt and everything but they haven't charged me. They never even bothered contacting me to tell me that the order had been cancelled!!

secret_squirrel

If its cost you nothing then you havent been conned have you? At most you are a victim of píss poor customer service.

The best result I suggest you could get would be to report Dell for false advertising, since they obviously didnt have the model you ordered.

I suggest you do what Bard says and vote with your wallet.

William Gates

Ok thanks, who can I report them to?

Scoops

Out of curiousity what model and price was it, I'm planning to buy a laptop in the very near future and I don't want them to do the same to me.

maidhc

William Gates wrote:

Yes, they emailed me my order acknowledgemnt and everything but they haven't charged me. They never even bothered contacting me to tell me that the order had been cancelled!!

Same thing happened me, and it happes quite regularly because their system is dodgy.. I dont think it is malicious. You have a binding contract and are entitled to the computer at the price given, no ifs or buts.

I got a brand new Inspiron when they "lost" the outlet machine I ordered. There wasnt really any problem about it. They gave me a 3yr warranty and a carry case for my trouble too.

HINT: Do not ring customer support, contact the name on the email confirmation.

William Gates

It was an Inspiron 9300 -2.13 Ghz - 80 GB HD - 1024 Mb Mem - 17" Ultrasharp Widescreen - 256MB Video Card for €1,597.20.

The only name on the email confirmation (where is says salesperson) is ABRECOMM. Is that somebody's name?

After numerous transfers yesterday I funally got through to somebody in Ireland and he said that he would call me back. But I got no call back yet. I tried getting through again yesterday but nobody was able to put me through to the same guy despite me having his full name!! Does anyone have a number for Dell in Ireland where i can get through to a native english speaker and not somebody in India???

maidhc

1850-200791 (from the outlet website)

make sure you ask for sales and not customer support!

William Gates

Thanks a million for that number, i actually got through to a native english speaker. The updated situation is that they are going to try and find another match for me and the girl i was talking to is going to discuss compnesation with her manager, but of course cannot guarantee anything

William Gates

Guys, is there any organisation etc that I could contact to make a complaint about this if necessary? Hopefully it won't come to that but surely I have rights in this situation. They made an offer and I accepted it, is there any way they can get out of keeping the agreement? I haven't studied too much law but has a legally binding contract now not been made between us? For crying out loud, they even sent me the 'order acknowledgement'.

RichyX

Stop making such a big deal about it.
Just go buy another laptop.
Nobody conned you, they just messed up again. Komplett and all retail sites like Dell make mistakes along these lines, be it pricing or stock.

shnaek

William Gates wrote:

Guys, is there any organisation etc that I could contact to make a complaint about this if necessary? Hopefully it won't come to that but surely I have rights in this situation. They made an offer and I accepted it, is there any way they can get out of keeping the agreement? I haven't studied too much law but has a legally binding contract now not been made between us? For crying out loud, they even sent me the 'order acknowledgement'.

Persue them, man. I had a similar prob with a crowd in the UK. I mentioned BBC watchdog and boom - I got the product I ordered at the price agreed. If you are willing not to put up a fight then let it go. Personally I let little go when the law of good consumer service is on my side You'll get the laptop. We live in a society where consumer is king.

William Gates

Thanks Shaek, I fully intend on pursuing it. RichyX, why should I lose out just because they made a mistake. I know that I haven't lost any money but it has been a huge waste of time and effort and I expected better customer service from such a reputable organisation.

TempestSabre

William Gates wrote:

...it has been a huge waste of time and effort and I expected better customer service from such a reputable organisation.

Two questions. How is ordering a laptop on a website, a huge effort and consumer of time?

Where did you get the idea Dell has good customer service?

hobie

the Dell Outlet Store is a service that sells 2nd hand Pc's .... reconditioned Pc's .... Pc's that have been returned by customers for various reasons ....

maybe someone dropped the Pc in question (on the floor!) just as it was about to be packed for dispatch .... :eek:

secret_squirrel

William Gates wrote:

I haven't studied too much law but has a legally binding contract now not been made between us? For crying out loud, they even sent me the 'order acknowledgement'.

Have you read the fine print? Even if it is legally binding (doubtful imho) they will have a get out clause.

Since no money changed hands you cant say you suffered any financial loss. (at the time of cancellation anyhow) Not counting your phone calls

Personally Im surprised that you are still willing to buy from a company that has shown they dont give a toss about you or your custom.

That laptop was never 'yours' get over it and move on.

maidhc

secret_squirrel wrote:

Have you read the fine print? Even if it is legally binding (doubtful imho) they will have a get out clause.

It is as are ALL contracts, and believe it or not, it doesnt!

This is what it says (a copy will have been sent the order confirmation):

Dell may terminate this Agreement with immediate written notice if you: 1) fail to pay on time, 2) breach or Dell suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

TempestSabre

Its no different from when they advertise something at the wrong price online and then don't honor it.

maidhc

TempestSabre wrote:

Its no different from when they advertise something at the wrong price online and then don't honor it.

It is entirely different. The difference is when they send out an order confirmation the contract is made. When they advertise and fail to honour the ad they are simply refusing to make a contract.

secret_squirrel

maidhc wrote:

The difference is when they send out an order confirmation the contract is made.

I know nothing about contract law - but if you are right (and I think you arent) - since neither the goods have been supplied and money has not changed hands, how come Amazon have gotten away with the same stunt in several high profile sitiuations affecting 100's of customers?

TempestSabre

maidhc wrote:

It is entirely different. The difference is when they send out an order confirmation the contract is made. When they advertise and fail to honour the ad they are simply refusing to make a contract.

My fault for not explaining what I meant properly. What I should have said was...

Its no different from when they advertise something at the wrong price online and then don't honor it, when people buy it.

There was a good example of this here before when Apple had a digital camera at a very low price. Loads of people bought it through the website, yet Apple didn't honor any of those sales/contracts.

maidhc

secret_squirrel wrote:

I know nothing about contract law - but if you are right (and I think you arent) - since neither the goods have been supplied and money has not changed hands, how come Amazon have gotten away with the same stunt in several high profile sitiuations affecting 100's of customers?

Most likely because of the terms of their contract were different. Also if a person makes an innocent mistake (like amazon, and to a lesser extent apple and their €99 SLRS), damages for breach only result in restoring the contracting parties to the position pre contract... e.g. nothing lost, nothing gained.

The order acknowledgement is sent out when a rep has checked the order, confirmed everything is in order and has satisfied him or herself that the purchaser isnt a scammer. When the order acknowledgment is sent out the job is sent to the factory and a hold is placed on the credit card. All this was explained to me by dell. If you read the T&Cs you will see Dell agree to supply the product subject to what i posted above.

Whether there is adequate consideration (e.g. payment) for the contract to take place can be debated, but I think there is, especially when a CC authorisation has been given.

As I stated above Dell also regard the order confirmation as a sound contract. To the extent of supplying me (and others I am aware of) with machines at a loss. E.g. I was given a new laptop when they lost my refurb. Do you think think they would do that unless necessary?

TempestSabre

maidhc wrote:

....
As I stated above Dell also regard the order confirmation as a sound contract. To the extent of supplying me (and others I am aware of) with machines at a loss. E.g. I was given a new laptop when they lost my refurb. Do you think think they would do that unless necessary?

I have no idea why they did that? Goodwill? In the majority of these cases, CC authorisation is given, and order acknowledgement duely recieved. Even a shipping date. But the order is subsequentally cancelled.

William Gates

Oh ye of little fate. I just got a call from Dell and they are upgrading the laptop to a Inspiron 9400 (1.83 Ghz duo processor), with 100 Gig Hd instead of 80 Gig and they are also giving me a 3 year warranty instead of a 1 year. Bit of a result. Thanks for all the advice everyone.

maidhc

You did well!

secret_squirrel

Wow fair play to you. I hang my cynical head in shame.

hobie

Oh ye of little fate. I just got a call from Dell and they are upgrading the laptop to a Inspiron 9400 (1.83 Ghz duo processor), with 100 Gig Hd instead of 80 Gig and they are also giving me a 3 year warranty instead of a 1 year. Bit of a result. Thanks for all the advice everyone.

so someone in dispatch did drop the first one as it was being packed ....

Well done Dell .....

see, they do care about the customer .....

TempestSabre

Wait and see if it arrives....:D

Zoned

Same thing happened me... sales guy was new... told me there was a problem in India with regards to a database problem...!!!!!!

Didnt get upgraded though:mad: