26" LCD TV - HD Ready £378 delivered! (merged) [CLOSED]

Ruthann

Owey (can't work out how to quote sorry) I did explain re the T&Cs that i had order confirmation and was covered by their own T&CS, that is why she said she was going to investigate and call me back! I'm still waiting for a call though.

owey

Ruthann wrote:

Owey (can't work out how to quote sorry) I did explain re the T&Cs that i had order confirmation and was covered by their own T&CS, that is why she said she was going to investigate and call me back! I'm still waiting for a call though.

Hope you have some luck, as I have an order confirmation as well. I would still like to know if anyone has looked at Dell's T&C's para 14 "Force Majeure"?.

jordy32

not a lawyer I'm afraid but this may help,

"Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party."

This may well be US law, i haven't time to check, but I expect a similar interpreation works here as well.

Brodel

jordy32 wrote:

"It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party."

That line sounds like you could just get into a circular argument. We could argue that they can still perform as expected by providing a LCD TV which is essentialy what we all ordered and wanted, but at the same time they could just say that they don't have one of the same size or value and can't fulfill the request?

Brodel

Someone at rpoints called Dell and they said they are waiting for new stock within the next 10 days. Not sure how reliable that info is (from Dell, not from the rpoints member) but I guess it's something.

Ruthann

I was told the complete opposite of that Brodel - that they won't be getting any new stock as they are 'end of life'! I still haven't had a call back though - I am tempted to call and try to speak to Sonia again, but i suspect it will be virtually impossible to get through to her and I'm not sure it won't suck the life out of me to go back into the dell phone system.

the*dark*one

I ordered mine on 29th Nov and my delivery date has been pushed back to from 2nd then 5th and now 9th Dec

Phonix

hat line sounds like you could just get into a circular argument. We could argue that they can still perform as expected by providing a LCD TV which is essentialy what we all ordered and wanted, but at the same time they could just say that they don't have one of the same size or value and can't fulfill the request?

They allowed us to purchase the item at a set price, if they then make that item available in future then they're able to supply. It does not matter whether they don't have enough televisions now if they're able to supply these items at a later date then they CAN supply them at the price originally offered.

I'm curious though, do they have a contract to supply anyway?

By the way, i've just recieved an email from dell about my last order, it's quite funny but does err on the side that they will be able to supply at this price at a later date.

Thank you for your recent order for Dell Computers.

We are currently trying to process your order, but need to check some details with you before completing it.
Can you please call us as soon as possible on one of the following numbers so we can resolve this matter.
• 0870 907 5065 (UK) or
• 01 204 5065 (Republic of Ireland)

Our lines are open from Monday to Friday, 9am to 9pm.
Please quote your internet receipt number above.

Then 25 minutes later

Thank you for your recent internet order.

Unfortunately we have not been able to complete the processing of your order as a part you have ordered is currently out of stock.

We will however, process your order, minus this item and will deduct the cost from your order also. ERRR!! mmOK!

We apologise for any inconvenience caused.

LBC_3

I ordered one of these on 24 November and received an order confirmation. Not having heard from Dell for a while, I checked with Dell this morning and was told that it would arrive a week today.

This afternoon I received a phone call from a clueless customer support person telling me that Dell have had to cancel my order (bizarre since Dell have already accepted my order and particularly bizarre as several people ordered after me and have received the goods...). I was offered a 10% discount on the 32" model - not exactly a bargain.

I saw that someone above suggested we complain to Watchdog and I have done so - am also going to pursue this directly with Dell.

pjrouse

I ordered on the 28th and had my order date changed from the 2nd to the 5th to the 9th but just checked now and it has been dispatched!!!

Paul