annoyed with Dell (advice needed on distance selling regs)

shaggy

Right, bought a monitor from Dell a few days ago and got delivered yesterday. In the meantime yesterday afternoon I noted another monitor in PC world at a big reduction, which I had been eyeing up for a while - and its also around £140 cheaper than the Dell monitor I bought.

Great I thought. Lets call up Dell, send my unopened monitor back to them for a full refund and buy the PC WORLD monitor.

Not to easy. After about 20 mins of trying to get through this morning to their Indian call center, the woman at the other end taps away my order number ... then comes back with 'I'm sorry sir, you cannot return your order even if unopened, as your order went through the 'business' channel.'

:mad:

Its true that I bought the monitor in my business name's login - but I was totally unaware this would be classed as a 'business' transaction as I bought the item through the Dell Home web site.

Questions: What are my rights in returning this monitor? The woman wasnt having any of it. Appareantly the Distance Selling Regs don't apply as my order went through my business.

Can anyone help? Is there ANYTHING I can do to get my refund?

SomeOne_2

Unfortunately as it was done as a business transaction (and login with your business account is still a business transaction regardless of which section of the site you ordered it from) you don't have as many rights as a normal consumer.
The distance selling regulations don't apply in this case, you could try contacting Trading Standards to find out your rights (if any) however I doubt they will be able to help you.
Have a look at Dell's business terms and conditions and see if there is any clause you can use (unlikely).
Good luck trying to get a refund.

pin

Remember even if they let you return the monitor, you will be liable for any return delivery costs.

alared

I`ll bet 99 of us out of 100 have bought something and then seen it later at a much better price and kicked ourselves.
You were happy to buy it at the price Dell quoted,maybe without VAT through your business account,so I guess you are stuck with it.
Some you win some

---

shaggy

thanks to everyone for the replies. I bit the bullet in the end and accepted the fact I have got the Dell monitor and can't return it. Its a great monitor and I'm happy. No point in spending £££££'s in phone calls and time trying to convince dell to give my money back. Not worth it in this case.

Its a much better monitor than the cheaper one anyway...was just trying to save a few quid

teeceeare

This is a really interesting issue that is begging for a test case. If anyone has heard of one please say so.

The DSR make clear that whether or not a buyer has the statutory cancellation rights depends on a subjective definition of 'consumer'. Its whats in YOUR mind not the mind of the retailer. The test is whether, when buying , you were ' acting for purposes which are outside (your) business' . It matters not whether you bought under a business login. What is key here is whether you did or did not intend to use the equipment in your business. Its a matter fo evidnece. They can say you used a business login - which goes some way to prove non-consumer but if you in fact did not intend to use in your business then how can they counter your evidence?

Its not uncommon for people to use their only login even when buying for home. For example if they had closed down their business but still bought under their business channel . So long as either you had no business or did not intend to use the item in your business, then you are a consumer and entitled to cancel under the DSR.

shaggy

teeceeare wrote:

This is a really interesting issue that is begging for a test case. If anyone has heard of one please say so.

The DSR make clear that whether or not a buyer has the statutory cancellation rights depends on a subjective definition of 'consumer'. Its whats in YOUR mind not the mind of the retailer. The test is whether, when buying , you were ' acting for purposes which are outside (your) business' . It matters not whether you bought under a business login. What is key here is whether you did or did not intend to use the equipment in your business. Its a matter fo evidnece. They can say you used a business login - which goes some way to prove non-consumer but if you in fact did not intend to use in your business then how can they counter your evidence?

Its not uncommon for people to use their only login even when buying for home. For example if they had closed down their business but still bought under their business channel . So long as either you had no business or did not intend to use the item in your business, then you are a consumer and entitled to cancel under the DSR.

This is interesting, and I'm sure I would have a case if I argued long and hard enough.

But ,

For the sake of a 100 quid or so saving (and the Dell monitor is better anyway) I really can't be arsed.

Sorry

ping_2

Dell customer service call centre are PANTS. Although finally they got my problem sorted but not without lots of stress last year.

After lots of researching my hubby bought our Pc, monitor etc from them, at a reasonable price. 10 monthe later the monitor(LCD0 developed a fault, so I ring up for a replacement.
After making me jump through hoops to test it , AGAIn, after I had already done this before ohoning them, they agree we can have a replacemnet but will have to wait for a delivery. Try to get them to specify am or pm, or to another adress, which I thought we agreed. However on said day of delivery me waits in all day ..................no monitor. So phone up to inquire, oh you didn't confirm madam so not despatched. I was never told to confirm!!!!!!
so end up taking another day off doing same.......................... yep no monitor
After getting VVVVVVVVVVVV stressed out trying to talk to supervisor,non existent!
get it sorted on the 3rd occasion. Will never use them again