Dell - Consumer beware!

bumblebee23

We ordered an LG tv from Dixons and it broke within 3 weeks, the replacement Dixons sent out broke again within a week so my partner told Dixons we didn't want another replacement, we wanted a refund and to purchase a different TV.

Enter Dell, they had a rather fancy Sharp TV with a similar if not better spec to the LG and for about £30 difference we went for it and ordered the tv. We assumed the TV was in stock and all information led us to believe the TV would be delivered within 7 days.

After the order was placed, Dell decided to advise us after 2 days that they didn't actually have the TV in stock but would ship it as soon as they did, they didn't know when they were likely to get the TV in stock...

Dixons called us back and tried to offer us an upgrade to a better LG TV at no extra cost and my boyfriend managed to persuade them to give us the same Sharp TV that we had ordered from Dell instead, again at no extra cost to us. Dixons also had the TV in stock and would take the old TV away at the same time. We agreed this would be the best plan and called Dell straight away to cancel our order, being as this was only 3 days after placing the order, we were well within the allowed time frame to cancel and obtain a full refund, particularly as Dell don't even have the TV in stock.

This is where Dell turned absolutely ridiculous, over the phone they refused to cancel the order and refund us, stating that the order had already gone too far. We advised them that they don't even have stock of the product so by us cancelling it wouldn't really affect them at all. We checked with Barclaycard (who we paid with) and they told us that Dell hadn't even fully taken the money yet and this could quickly be refunded... but still Dell refuse to cancel and refund the order. Dells excuse is that the order is now with the 3rd party supplier and cannot be cancelled. Their advice is that we accept delivery of the TV and then call them to cancel the order when we receive it...

However, reading through their terms and condtions it clearly states that a customer can cancel and receive a full refund at any point UP to and including 7 days after receipt of the product - clearly we are well within this as we haven't received the order yet!

Also, worryingly in their terms and conditions, if you cancel an order AFTER receiving a product (which is what we have been told to do) you will only receive the refund minus the costs of delivering the order AND you are liable to return the product at your own cost?!

I find it absolutely ridiculous that Dell are refusing us a refund when they can't even provide us with the item that we have ordered and would advise anyone to steer clear of these cowboys. We are going to go to Barclaycard and claim our money back that way...

Sorry this is such a long post, but I wanted to try and get all of the information in there!

isplumm

Hi,

Not quite sure where Dixons came into it ...??

Anyway you have 7 days to reject something ordered online / telephone once delivered under distance selling regulations ... but I am not sure whether your order is classed as a new order or whether Dell is classing it as part of the old order ... ie. a replacement for the old TV ...

I suspect that it will make difference to what you can do, if it i classed as replacement ... they offered something, you accepted ... maybe talk to Trading Standards?

Mark

isplumm

Hi,

Ok ... I've re-read your post .... understand now ....

You bought something from Dixons, went wrong a number of times, decided to reject & buy from Dell? YES? Then Dixons said stay with us ... here is a better deal ... so you agreed. YES?

But Dell will not let you cancel & you ordered over the phone/internet YES?

Look here .... http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073861169&r.l3=1074033669&r.lc=en&type=RESOURCES&itemId=1073792577&r.l2=1079589261&r.s=sc

Key text states the following:

When selling to consumers by mail order, phone, fax, internet or digital TV you must give them a cooling-off period during which they have an unconditional right to cancel the contract.
In the case of services, the cooling-off period normally ends seven working days after the day the order was made - or after written confirmation is received.
In the case of goods, the cooling-off period normally ends seven working days after the day the goods are received.
Consumers must inform you in writing - by letter, fax or email - of their decision to cancel.

So my attitude is call them - state that if they insist on sending it to you, you write & cancel (costing them money) ... but reading the above you appear to be able to cancel anytime after the order is placed ... until 7 days after it has been delivered ... so my attitude would call them 1 more time, then send recorded letter to stating that you cancelling order.

Hope that helps.

Mark

bumblebee23

Yeah exactly, sorry if my original post is not clear.

We have sent off 2 emails saying we want to cancel but we will try using snail mail and see if that gets us anywhere...

Because we have paid by credit card, if we don't receive the refund within 30 days we will be charged interest for it unless we pay the balance in full

dacouch

send any letters by recorded mail