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

Altarf

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

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf pages 22 and 23 -

Unless you have agreed that they can, your consumers cannot cancel if the order is for:

the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

As others have mentioned, the OP's status as a consumer is a matter of fact, and cannot be changed by clicking on the business section of Dell's website.

As for the OP misrepresenting themselves, at any point in the order process does Dell's business website say "if you are consumer and not a business, go away and don't bother us any more". Nope. Do their T&Cs say only businesses are permitted to buy from our business site. Nope.

And if Dell still refused to play ball and not allow the OP to cancel, I would just use section 75 and get a refund from the credit card company, and let them and Dell argue it out.

dfh

donglefan wrote: »

I came here looking for helpful advice, and am shocked at the animosity.

e.g baiting by one person attemping to have 'good fun' at my expense, and another saying although I was told I could order in business as a private customer by a Dell rep I don't have any proof and you'll be glad if I pay the price for it.

How do either of these attitudes contribute to make this a helpful site?

I cancelled the next day by the way, before the system was even a twinkle in anyone's eye.

This forum is riddled with people who post just to wind people up and pass judgement on people.My advice is take heed of those who give you good advice and ignore those who are simply trying to get a rise out of you.If you respond to them you are playing into their hands as they want an argument.No matter what you say you will never be able to satisfy them.So dont explain yourself to anyone and take heed of the sensible advice some people give you.

gordikin

mikey72 wrote: »

Usual crowd out I see.

Dell's T&c's define
Business User: legal entity or person who buys or agrees to buy Products &/or Services from Dell other than for private use

Doesn't state which part of the website you have to use, or how you have to register. If you stated you were a home customer, take it further.

What do you mean? Trollls maybe?

Your words on another thread:-

Trolls are in a feeding frenzy tonight.
Look at the terms of your residence.
Make a log of every time it's broken by other residents.
Noise, lack of security, anything that you shouldn't do, but the others are doing to upset you.
Use this to follow BlueAngelCV's advice, and then move out as they have broken the terms.


My reply:-
Mikey stop throwing the troll word around where it doesn't apply and when you clearly have just skimmed this thread as you have somehow missed that the OP has mentioned more than once that they have already moved out.

Your reply on the thread in question:-

0

Debt_Free_Chick

excellent post, thank you. I have a minor issue, however, with this suggestion ...

Altarf wrote: »

And if Dell still refused to play ball and not allow the OP to cancel, I would just use section 75 and get a refund from the credit card company, and let them and Dell argue it out.

This would probably work if the OP had contracted with Dell as a personal consumer. It would not, IMHO, work if the OP had contracted with Dell as a business customer, as s75 does not (as far as I'm aware) cover business customers.

Altarf

Debt_Free_Chick wrote: »

This would probably work if the OP had contracted with Dell as a personal consumer. It would not, IMHO, work if the OP had contracted with Dell as a business customer, as s75 does not (as far as I'm aware) cover business customers.

But the OP did not contract with Dell as a business (and could not even if they wanted to), because as a matter of fact, they are not a business. They are, as a matter of fact, a consumer, and thus all the 'consumer' legislation applies.

If Dell's website advised that only businesses were allowed to buy from the business site, their T&Cs supported this, and required the customer to confirm their status before ordering, then Dell might have an argument with the OP about them misrepresenting themselves, but they don't, so they don't.

Tozer

Altarf wrote: »

But the OP did not contract with Dell as a business (and could not even if they wanted to), because as a matter of fact, they are not a business. They are, as a matter of fact, a consumer, and thus all the 'consumer' legislation applies.

If Dell's website advised that only businesses were allowed to buy from the business site, their T&Cs supported this, and required the customer to confirm their status before ordering, then Dell might have an argument with the OP about them misrepresenting themselves, but they don't, so they don't.

Absolutely 100% correct.

donglefan

Thank you for clarifiying that - Dell emailed today to advise of delivery on Tuesday, so I will refuse it.

To their credit, this is what Amex advised when I called them.

ben500

Tozer wrote: »

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.

How is this a particularly good example? Unless there is some source you have demonstrating success in a similar situation as this it is just another company where consumers act as busineses and THINK they still have their consumer rights.

To the op you still haven't let on why you cancelled instead of upgrading/adjusting the order to meet your needs.

Tozer

ben500 wrote: »

How is this a particularly good example? Unless there is some source you have demonstrating success in a similar situation as this it is just another company where consumers act as busineses and THINK they still have their consumer rights.

To the op you still haven't let on why you cancelled instead of upgrading/adjusting the order to meet your needs.

Consumer as a matter of fact = consumer rights - non excludable.

gener8or

donglefan wrote: »

Thank you for clarifiying that - Dell emailed today to advise of delivery on Tuesday, so I will refuse it.

To their credit, this is what Amex advised when I called them.

What happened did you get a refund?