Dell refusing to cancel order

augusto

Hi All,

I've bought a Dell laptop (XPS 15) on the 1st of December and afterwards I read some really bad reviews where people had to send their laptops back to dell several times because of different issues (it looks like the motherboard of this model has some serious issues).

I contacted Dell on the 3rd of December to cancel the order and they mentioned that this is not possible, even though the laptop is estimated to be delivered on the 15th (7 business days from now). Is there something that I can use to push them to not send the laptop at all?

Unfortunately, I put the delivery address of the building where I work, which means that someone from the building staff will sign for it (next time I'll put this as my home address, so at least I can refuse the delivery).

It feels like Dell tries to send the goods anyway and hopes that the customer won't return them afterwards, which is quite a distasteful tactic.

Thanks a lot,
Augusto

Exile_geordie

Just receive it then send it back. What's hard about that apart from maybe 10 mins of your time to do so?

duchy

Maybe next time research first --spend after ?

augusto

Exile_geordie wrote: »

Just receive it then send it back. What's hard about that apart from maybe 10 mins of your time to do so?

That I shouldn't need to spend those 10 minutes, or the 20 pounds that dell charges for the return when they still have the laptop and they will have it for another 7 days.

unholyangel

There are two rights for consumers who decide that they do not wish to proceed with a contract. They are able
to:
Š withdraw their offer if it has not been accepted by the trader - for example, by placing an order for goods
online where the terms make clear that a contract is not entered into until the goods are despatched. This is
an open-ended right, which will end when the contract is made, after which they can move to their right to
cancel if appropriate
Š cancel a contract. Within a specified period of time, the Regulations give consumers the right to pull out of a
contract that they would otherwise be bound by providing the contract is not one where there is no right to
cancel (see above)

http://www.norfolk.gov.uk/view/ncc149030

When do dell say an order is accepted by them? Upon confirmation or upon them sending the goods?

augusto

unholyangel wrote: »

http://www.norfolk.gov.uk/view/ncc149030

When do dell say an order is accepted by them? Upon confirmation or upon them sending the goods?

The order gets accepted once they pre-authorise the card payment, which happens almost immediately after placing an order.

augusto

duchy wrote: »

Maybe next time research first --spend after ?

I did read quite lot of reviews, but the problem is that the people reviewing the laptop only use it for a couple of weeks. But after reading a forum with people who have been using this model for almost a year, I was shocked at the poor quality of the laptop.
Some people had the motherboards replaced several times and they were still experiencing issues. So as soon as the warranty period is over, they know that they'll end up with a very expensive paperweight.

bod1467

augusto wrote: »

The order gets accepted once they pre-authorise the card payment, which happens almost immediately after placing an order.

Where does it say that? I've tried looking for Dell's Consumer T&Cs but their link (below) returns "We can't find the page you're looking for"

http://www.dell.com/learn/uk/en/ukdhs1/solutions/art-consumer-uk?c=uk&l=en&s=dhs&cs=ukdhs1

Which is linked from http://www.dell.com/learn/uk/en/ukcorp1/terms-of-sale?s=corp

augusto

bod1467 wrote: »

Where does it say that? I've tried looking for Dell's Consumer T&Cs but their link (below) returns "We can't find the page you're looking for"

http://www.dell.com/learn/uk/en/ukdhs1/solutions/art-consumer-uk?c=uk&l=en&s=dhs&cs=ukdhs1

Which is linked from http://www.dell.com/learn/uk/en/ukcorp1/terms-of-sale?s=corp

Hi Bod, the T&C for cancellations are in here: http://www.dell.com/support/contents/uk/en/ukdhs1/article/eSupport-Order-Support/order-change-returns

There, they say that the order is accepted when they send an "Order Confirmation" (which happens when they are able to secure the funds from a credit/debit card).

bod1467

Found them - http://www.dell.com/learn/uk/en/ukcorp1/solutions/art-consumer-uk

2. Order and Acceptance

2.1 You may place an order for Product(s) and/or Services directly with Dell either online or by telephone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and Dell is formed only when Dell accepts your order by issuing you with an Order Confirmation in writing.

8. Cancellations, Cooling Off and Returns

8.1 Subject to this clause, you have the right to cancel your Contract as follows:-
o Products - you have the right to cancel and return the Product (Cooling Off Rights). That right is for 14 calendar days beginning on the later of the day after:- 1) the day you receive your Order Confirmation OR 2) the date of delivery;

See also term 8.3

agrinnall

Is the laptop an off the shelf one or has it been custom built to your specification?