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

dbilsborough

any updates?

Flimber

Courttime wrote:

Here's my "official" response (by email):-

...

The error certaintly wasn't rectified quickly - nobody knew their !!!!!! from their feet. I don't accept the response, final position or not!

Fight on consumer champs!

"Well Done Which? Mag" ? Eh ?

c_smith

I think it's very reasonable of DELL to offer a £50 voucher towards future purchases. They didn't need to offer you anything and could have just refunded your money. Wish I'd been quicker off the mark on this one.

eek

c_smith wrote:

I think it's very reasonable of DELL to offer a £50 voucher towards future purchases.

If their terms and conditions were not so watertight it would be fine. However,

1) their terms are so watertight neither you or them can escape from buying /selling the goods (oops) and even state that to ensure they supply the order they have the right to substitute a better product (double oops).

2) It appears that the £50 has terms attached to it. The main one seems to be that its £50 / £75 towards a £1000 telly and nothing else.

Brodel

slowen wrote:

Just got a responce back from Malcolm Coles from Which magazine and he has passed my emails onto the news team and hopefully they will be in touch but the more comments that they receive the better chance that we will get them to look into it.

Malcolms email address should be in this thread somewhere but if not and you would like to email your comments regarding the "non service" received from Dell I can post the email address on the thread.

Hopefully we will get some people interested to fight our corner

The consumers fight on

:xmastree: Happy christmas :xmastree: to all money savers and keep the fight on as we surely have a case against Dell :money:

would you mind posting the add? I can't face reading these 70 pages over again lol. thanks

Brodel

They keep stating the error date was the 29-30th, but ignore everyone who ordered before then, despite people ordering AFTER those dates and still getting the TV. If they can get away with just stating "it was a technical error" then what is the point in the T&C's?

eek

Brodel wrote:

They keep stating the error date was the 29-30th, but ignore everyone who ordered before then, despite people ordering AFTER those dates and still getting the TV. If they can get away with just stating "it was a technical error" then what is the point in the T&C's?

Wearing the know abit about ecommerce hat they can't.

Wearing the having read their terms and conditions and been punished by them in the past hat, they can't.

Wearing the I can see what they are trying to do by being as awkaward as possible hat, they can't but they will probably put a fair few people off doing what they are doing.

Personally I've written a letter and given them a fixed deadline. If that fails I'll send another with the small claim forms attached and if that fails send the forms to the court (using loss of bargain to claim for the difference for a similar telly).

patp

eek wrote:

If their terms and conditions were not so watertight it would be fine. However,

1) their terms are so watertight neither you or them can escape from buying /selling the goods (oops) and even state that to ensure they supply the order they have the right to substitute a better product (double oops).

I think you're making the mistake of seeing what you want to see. The customer is free to back out of the order anytime up to the period stated in the distance selling regulations. Dell's Force Majeur clause gives them a 2 month limitation on the contract, all they have to do is keep saying they can't get the components and after 2 months they are free of you. They are in no way obliged to offer you anything and their goodwill gesture of a voucher should be seen as just that.

eek

patp wrote:

I think you're making the mistake of seeing what you want to see. The customer is free to back out of the order anytime up to the period stated in the distance selling regulations. Dell's Force Majeur clause gives them a 2 month limitation on the contract, all they have to do is keep saying they can't get the components and after 2 months they are free of you. They are in no way obliged to offer you anything and their goodwill gesture of a voucher should be seen as just that.

I think a blazing row over a £400,000 contract where the goods become £50,000 cheaper between establishing the contract and delivery gives me a very good idea as to how the contract actually works (oh and clause 3 is there for a very good reason). Force Majeur is for non delivery due to factors beyond their control (i.e. a fire in a nearby oil terminal or issues with a factory in china). For reference this is that clause.

Dell is not liable for delays in performance (incl. delivery or Service)
caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters.
If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.

Confirming orders when they did not have stock is within their "reasonable" control. The very reason why these terms and conditions exist is to allow Dell time to manually check whether they can (or can profitably) accept a particular order. And for £25 its worth seeing if the companies lawyers (see the initial point above) previous intepretation is correct or not.

Brodel

patp wrote:

I think you're making the mistake of seeing what you want to see. The customer is free to back out of the order anytime up to the period stated in the distance selling regulations. Dell's Force Majeur clause gives them a 2 month limitation on the contract, all they have to do is keep saying they can't get the components and after 2 months they are free of you. They are in no way obliged to offer you anything and their goodwill gesture of a voucher should be seen as just that.

you gotta admit it's a bit of a kick in the nuts though, "sorry we won't stick to our T&C's, we'll lie to you about the error because even those who ordered before the 29-30th still don't get the tv's, we wont reply to your emails or call you back when we say we will, we'll cut you off when you call us.... but we will offer you £75 off if you decide to spend around £700 EXTRA with us on a different TV"