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

Tozer

sweetstudent wrote: »

Are not dell computers technically bespoke, so therefore it wont be covered by the DSR evem if the OP purchased as a non-business customer?

Possibly. That said, I really don't believe they are THAT custom built.

Tozer

mikey72 wrote: »

No, their t&cs allow it.

Really bad advice. Their Ts and Cs cannot exclude statutory rights of a consumer.

neilmcl

Tozer wrote: »

Whether the OP purchased in the course of a trade or business is a matter of fact.

What Dell says doesn't mean a jot. They cannot take away statutory rights by means of contractual terms.

DSR will apply (unless a custom build).

Don't quite understand what you're saying here. By using the Business section to purchase from Dell and by agreeing to their terms therein the OP has misrepresented themself by effectively stating they are a business and are purchasing for business use. Therefore consumer legislation such as the DSRs do not apply.

Personally, I suspect Dell will do the right thing and cancel the order in the end but they would be well within their rights not to.

barvid

Tozer wrote: »

Really bad advice. Their Ts and Cs cannot exclude statutory rights of a consumer.

I'd read the post as their t&cs allow cancellations, not exclusion of statutory rights.

Tozer

neilmcl wrote: »

Don't quite understand what you're saying here. By using the Business section to purchase from Dell and by agreeing to their terms therein the OP has misrepresented themself by effectively stating they are a business and are purchasing for business use. Therefore consumer legislation such as the DSRs do not apply.

Personally, I suspect Dell will do the right thing and cancel the order in the end but they would be well within their rights not to.

No, whether somebody is acting in the course of a trade or business is a matter of fact and law.

If OP has misrepresented themselves, then Dell may have a claim (albeit, what for?) against OP. But that doesn't take away the fact that the OP is a consumer for the purposes of the legislation.

Particularly good example is Makro where everybody is "supposed" to be acting in the course of a business but everybody knows that a large amount of purchases are not business related.

Strangely, even companies have been held by the Courts to be consumers when they are buying "one-offs" such as company cars.

Tozer

barvid wrote: »

I'd read the post as their t&cs allow cancellations, not exclusion of statutory rights.

I've re-read Mikey72's post and can just about see what he is saying. Dell's T's and C's have consumer exemptions.

Apologies Mikey.

BillTrac

As someone has already posted, Dell are "made to order" as in the customer selects the componnets etc, and I thought this type pf purchase was exempt from the 7 day DSR criteria even though your statutory rights are still valid

gener8or

Take the order in and return it as faulty; Dell will give you a full refund. If they want to play silly !!!!!!s about canceling an order it will end up costing them more in the long run this way

They are pathetic sometimes.

neilmcl

BillTrac wrote: »

As someone has already posted, Dell are "made to order" as in the customer selects the componnets etc, and I thought this type pf purchase was exempt from the 7 day DSR criteria even though your statutory rights are still valid

No, items like computers where they're "assembled" from off the shelf components are not the same as custom-made items such as having a sofa made to order. The DSR is quite specific about allowing these type of purchases to be covered. If, for example, the OP had ordered her name to be screen printed on the case then that would be classed as custom-made and the DSRs wouldn't apply.

BillTrac

neilmcl wrote: »

No, items like computers where they're "assembled" from off the shelf components are not the same as custom-made items such as having a sofa made to order. The DSR is quite specific about allowing these type of purchases to be covered. If, for example, the OP had ordered her name to be screen printed on the case then that would be classed as custom-made and the DSRs wouldn't apply.

thanks for the heads up