Dell consumer or business rights?

foysal007

Hi, I have purchased a laptop through the dell home section and the laptop is a consumer laptop and not one advertised in the business section. Now the problem is I ordered through my company business card and to deliver to my business company address but before I submitted the order, it clearly stated that :" By completing this order you are representing that your purchase is for personal use."

Now I have requested an order cancellation and I am worried that they might apply their business terms and conditions and refuse a refund.

Basically the one I ordered was a mistake , so I sent a cancellation email and ordered another one with slighlty different specs and I also mentioned that in the email. Simply, I want to cancel one and keep the other.

I now have 2 laptops to be shipped and am worried that I might not get any refund at all due to their business terms and conditions


Please could you throw me some light on this and how dell may take this further. Thanks

SimbaSimon

foysal007 wrote: »

Hi, I have purchased a laptop through the dell home section and the laptop is a consumer laptop and not one advertised in the business section. Now the problem is I ordered through my company business card and to deliver to my business company address but before I submitted the order, it clearly stated that :" By completing this order you are representing that your purchase is for personal use."

Now I have requested an order cancellation and I am worried that they might apply their business terms and conditions and refuse a refund.

Basically the one I ordered was a mistake , so I sent a cancellation email and ordered another one with slighlty different specs and I also mentioned that in the email. Simply, I want to cancel one and keep the other.

I now have 2 laptops to be shipped and am worried that I might not get any refund at all due to their business terms and conditions


Please could you throw me some light on this and how dell may take this further. Thanks

Hi Foylsal007,

You may want to read a post I made the other day about a Dell laptop I ordered. https://forums.moneysavingexpert.com/discussion/2534511 I had a similar problem to you, ordered a laptop, then found a better deal and thought I should be able to return it so ordered the second laptop.

When I rung to cancel I was told as I had the delivery to a business address it was classed as a business order. Even though it was a home laptop, ordered on the home section of the website. I rung several times each time being told the same answer. The home section wouldn't even speak to me as they thought I was a business customer as I got it delivered to a work address. Eventually I got through to the Irish call centre instead of the Foreign rubbish call centres and managed to explain it. They came back a few days later and asked if I used a personal credit card or a business card and said I'd used my home one and they went away again. Eventually they approved the laptop to be returned and it went back earlier this week.

However I do feel as I sort of got lucky and was ready to sell the second one on ebay. You may have to be persistant and you may get nowhere. The business section doesn't allow refunds usually.

Good luck, you shall need it, especially if you speak to the foreign call centres in India/Africa/Wherever they are.

neilmcl

The difference here is the OP has made a B2B purchase with business funds.

smcaul

neilmcl wrote: »

The difference here is the OP has made a B2B purchase with business funds.

You don't actually know that!

It is conceivable that he just used a business credit card and then paid the funds back etc. I quite often use my business credit or debit card for personal purchases - if my business owes me money for any reason then this is sometimes far easier then doing multiple bank transfers.

To the OP, just don't tell Dell that the purchase was made on a business card, they have no way of knowing.

foysal007

hey thanks smcaul, actually I recieve dividends from my business account that I am allowed to spend and I do not have any debts with my business so should be okay I guess.

good to know that they cant find out whether I used my business card, but the shipping address is to my company name so still not sure!

But one thing that is good is that before I clicked order 'submit' , A statement said ...I agree that this purchase is for personal use only !!

Would that binding sentence make any difference to my dispute?
Thanks

SimbaSimon

foysal007 wrote: »

hey thanks smcaul, actually I recieve dividends from my business account that I am allowed to spend and I do not have any debts with my business so should be okay I guess.

good to know that they cant find out whether I used my business card, but the shipping address is to my company name so still not sure!

But one thing that is good is that before I clicked order 'submit' , A statement said ...I agree that this purchase is for personal use only !!

Would that binding sentence make any difference to my dispute?
Thanks

The several advisers I spoke to were all persistent that if your order is shipped to a business address its classed as a business order on their systems. It might help your case but its going to be an uphill struggle either way.

unholyangel

Would be interesting to find out if he intended on claiming the VAT.

I used to work for a small company that did that. They even ordered friends wedding/birthday/christmas gifts using the company card and put it through the invoices as a "business" expense claiming the gift was for a client.

Can you say fraud They were very creative in their methods of accounting. They even apparently paid me £2000 more than my bank received :O

Equaliser123

SimbaK2K wrote: »

The several advisers I spoke to were all persistent that if your order is shipped to a business address its classed as a business order on their systems. It might help your case but its going to be an uphill struggle either way.

Since when do Dell advisers preach legal principles?

Whether it is a B2B or B2C transaction is a matter of fact and law. Contractual terms will only be an indication - not conclusive.

unholyangel

smcaul wrote: »

Well he ticked the box that stated it was for personal use - that was a pretty big clue Sherlock!!!

He said he ticked the box stating it was for personal use...........not that it actually was for personal use....you know what they say about assumptions right? I used to tix boxes saying i was over 18 even when i wasnt

He hasnt stated once whether the laptop would be used for business or personal.

foysal007

Hi Guys, thanks for all the comments.

Guess what , I just got refused on the basis that it was a business transaction!! So I cant get a refund now and im stuck!

Could anyone tell me of a way out? What If I refuse to accept the delivery? would they take it back and refund me?

thanks

foysal007

Just to clear things up, before I ordered or submitted the order, a statement read such as ' .....this purchase represents personal use only...'

Any suggestions??