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Dell Con Job

  • 10-04-2006 4:38pm
    #1
    Registered Users Posts: 208 ✭✭


    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!!!


Comments

  • Moderators, Education Moderators, Motoring & Transport Moderators Posts: 7,396 Mod ✭✭✭✭**Timbuk2**


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


  • Registered Users, Registered Users 2 Posts: 12,309 ✭✭✭✭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.


  • Registered Users Posts: 208 ✭✭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!!


  • Closed Accounts Posts: 3,357 ✭✭✭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.


  • Registered Users Posts: 208 ✭✭William Gates


    Ok thanks, who can I report them to?


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  • Registered Users Posts: 199 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    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.


  • Registered Users Posts: 208 ✭✭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???


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    1850-200791 (from the outlet website)

    make sure you ask for sales and not customer support!


  • Registered Users Posts: 208 ✭✭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 :(


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  • Registered Users Posts: 208 ✭✭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'.


  • Registered Users, Registered Users 2 Posts: 2,221 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 1,178 ✭✭✭shnaek


    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.


  • Registered Users Posts: 208 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 4,142 ✭✭✭TempestSabre


    ...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?


  • Closed Accounts Posts: 1,338 ✭✭✭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:


  • Closed Accounts Posts: 3,357 ✭✭✭secret_squirrel


    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.


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    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.


  • Registered Users, Registered Users 2 Posts: 4,142 ✭✭✭TempestSabre


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


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    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.


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  • Closed Accounts Posts: 3,357 ✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 4,142 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    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?


  • Registered Users, Registered Users 2 Posts: 4,142 ✭✭✭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.


  • Registered Users Posts: 208 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭maidhc


    :)

    You did well!


  • Closed Accounts Posts: 3,357 ✭✭✭secret_squirrel


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


  • Closed Accounts Posts: 1,338 ✭✭✭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 ..... :D


  • Registered Users, Registered Users 2 Posts: 4,142 ✭✭✭TempestSabre


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


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  • Closed Accounts Posts: 114 ✭✭Zoned


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

    Didnt get upgraded though:mad:


  • Registered Users Posts: 208 ✭✭William Gates


    Laptop arrived safe and sound with upgrade and all. I'm very impressed with it so far, looks good too :)


  • Registered Users, Registered Users 2 Posts: 2,023 ✭✭✭shoegirl


    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.

    Having a problem with online ordering myself at the moment. 3 emails and one phone call later my attitude is if they cannot even get the order right, then I can't trust the company so I'm buying from somebody else. Bye bye Dell. Somehow I feel at this stage it isn't worth losing sleep over so currently writing a letter to them asking to cancel the order (though I suspect its already been cancelled by them anyway for whatever reason I will never know).

    Never realised myself that the ordering system was such a farce but I worked for them in tech support for a year quite a few years back and there was a very adversarial attitude towards customers in Tech - rigid work procedures and a lack of shared business processes with other business units only made this worse. I didn't realise that sales and customer care had problems though, the impression I got at the time was that Dell cared about the initial order but the concern ended there. Now it looks as if it doesn't even go that far.


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