Dell will not cancel an order for a system not yet delivered

gordikin

So you ordered from the business section because it offered what you wanted...what changed other than your mind!

donglefan

I don't think that's relevant tbh, but if you want to know I noticed on the invoice that Dell put single channel memory with an i7 chip, which is absurd because the brilliance of that chip is that it can work with dual channel.
I don't know why they put single channel with it - no other manufacturer does - so I wasn't looking out for it and was amazed when I noticed it on the invoice.

donglefan

I emailed Consumer Direct with all the details.
The nub of this seems to be whether I am a business customer because Dell has designated me as such, or a private individual in accordance with the actual fact.

neilmcl

donglefan wrote: »

I emailed Consumer Direct with all the details.
The nub of this seems to be whether I am a business customer because Dell has designated me as such, or a private individual in accordance with the actual fact.

Who designated you as such.

It was your choice to purchase your laptop as a business user, you in effect misinformed Dell that you were a business user. This isn't Dell's fault.

gordikin

donglefan wrote: »

I don't think that's relevant tbh, but if you want to know I noticed on the invoice that Dell put single channel memory with an i7 chip, which is absurd because the brilliance of that chip is that it can work with dual channel.
I don't know why they put single channel with it - no other manufacturer does - so I wasn't looking out for it and was amazed when I noticed it on the invoice.

Really! It is 100% your responsibilty to check and confirm the spec. and not assume before you order especially when you place an order in the business section of Dell.

4743hudsonj

Whilst dell cannot override your rights, you, by the looks of it have overridden your own rights.

I'm actually unsure what will happen but my suspicion is that there technically is no contract as you are not a business, you lied and there fore the contract was never valid, and they may persue compensation for it

But thats just my thought and in no way what the law says because frankly, i dont know. Either way you are in the wrong imho.

Anihilator

Dell havent designated you a business customer.

You yourself did that when you entered the business section of their website, completed the business transaction area and accepted the business terms.

Why exactly did you do this? I personally think Dell are entirely correct here. Sadly the law states it is a matter of fact whether your a business and I am not sure were the law stands (and if any case law exists) as to whether a consumer by representing themselves as a business forgoes their consumer rights.

However I would also suggest maybe they should accept your return under your "consumer rights" then sue you seperately for all their damages due to your misrepresentation and breach of contract.

donglefan

Why are you all saying I misrepresented myself?
Like I said, I spoke to a Dell rep before placing this order, and asked if it was OK for a private user to purchase a unit from the business section.

Anihilator

donglefan wrote: »

Why are you all saying I misrepresented myself?
Like I said, I spoke to a Dell rep before placing this order, and asked if it was OK for a private user to purchase a unit from the business section.

Prove this conversation.... you wont be able too.

You misrepresented because you accessed a business store, completed business forms, and accepted business terms. i.e you contracted as a business. You are not a business and hence breached the contract and hence they can pursue you for all their losses including the cost of the equipment lost on resale, staff time, legal costs and anything else they can quantify.

I personally hope they do this as it would serve you right for the hassle you have caused everyone.

dmg24

I have to say, Jodi comes across as very professional in the communications.

Was the system made to order?