External 250GB hard drive £23.86 from Dell

libertine_2

Invitation to treat - Dell advertise the product for £23.
Offer - you order one for £23.
Acceptance - they accept your offer for £23 and send it to you.

So all this time the last few days we have been waiting no contract has been made as they haven't accepted our offer. They only accept when they send out an email saying that it's on the post.

lumpy_bum

im now speaking to a lady whom assures me they dont sell them
lmfao
god its worth giving them a call for the comedy value:rolleyes:

subserviantdude

thereaper101 wrote: »

If I can remember correctley, isn`t there 3 parts to a contract.

1. Offer [they advertise item at a price]
2. Acceptance [they receive your order]
3. Consideration [they take your money] - at this point an contract is made between the buyer and seller.

Nick

Studied contract law last semester. If i remember right the law is different. When an online seller places a product for sale on a website this is an ITT (invitation to treat). This is different from an offer. We all offered to purchase the product from dell when we placed the item in the online basket and pressed place order. At this stage we had not entered into a contract. When Dell sent the email confirming the order, this is where they entered into a bilateral contract with us.

They may have terms and conditions which state they are not responsible for mispriced items, however this term in there contract can be argued under the Unfair contract terms act.

anywho. i may be wrong. As of yet my order has not been cancelled. If it is i will be sending them an email with the above information.

sorry if i've rambled on.

lumpy_bum

ive just had a very intresting conversation with a man in india who says

"we have been in touch with the manufacturers of this product, it was a 3rd party sale on our site and the product is no longer, however we will be recieving an email from them very soon telling us the real specifications of the product"
i said that i would only pay what i agreed initially and not a penny more, to which he gave me his name and said he would honour that

il believe it when its here and crammed full of my music lol:rotfl:

mjr600

It's worth adding that a year ago I got an Inspiron 1300 for £299 delivered, a similar thing happened, lots of people ordered, they said it was a mistake and went on to cancel.

I got my laptop being one of the first to order, no arguements.

If the T&C are on your side they should send an alternative.

lumpy_bum

theyve just sent me this:mad:

Please accept my sincere apologies for the inconvenience of your order being cancelled as its not available in our manufacturing as shortage of part by our suppliers.

I am writing to inform you, your order has been cancelled and refund will be actioned in next 24 hours.

For any further queries, please email me.

bloody liars:mad:

they said they would send an email confirming they would honour the price.
now im peed off
dont think i will let this one drop:rolleyes:

thereaper101

subserviantdude wrote: »

Studied contract law last semester. If i remember right the law is different. When an online seller places a product for sale on a website this is an ITT (invitation to treat). This is different from an offer. We all offered to purchase the product from dell when we placed the item in the online basket and pressed place order. At this stage we had not entered into a contract. When Dell sent the email confirming the order, this is where they entered into a bilateral contract with us.

They may have terms and conditions which state they are not responsible for mispriced items, however this term in there contract can be argued under the Unfair contract terms act.

anywho. i may be wrong. As of yet my order has not been cancelled. If it is i will be sending them an email with the above information.

sorry if i've rambled on.

I Knew somone would know :T

Problem I have with Dell is that they have taken our money, surely this is acceptance?

Alot haven`t recieved their cancelled order email, but i`m afraid that it will be a matter of time before everyone gets it, hope some people don`t and get their drives.

Nick

Sponge

I'm sure there'll be people on later saying we're all idiots and there's no way we'll get the HDD. :rolleyes: But what the heck! It's fun to push it as far as we can.

phanco

thereaper101 wrote: »

I Knew somone would know :T

Problem I have with Dell is that they have taken our money, surely this is acceptance?

Alot haven`t recieved their cancelled order email, but i`m afraid that it will be a matter of time before everyone gets it, hope some people don`t and get their drives.

Nick

Have they taken your money though - I know a few people have said the money was actually taken but for most it is "authorised" (ie dell have "reserved it") but no actual transaction has come through.

For those who have actually paid money you may have a case - for the rest of us there is no hope.

That didnt stop me sending in an email rejecting the cancellation and refering them to 3.3 on thier own T&Cs which states that a contract is made on DELL emailing you an order confirmation.

I know that the confirmation has the paragraph about dell not being liable ffor misprices ect but surely that contradicts 3.3 in the T&Cs ? Can they say "a contract is formed when we send you email A" and then put "we may not honour this if ..." in said email ?

jackieb

My money was defintitely taken on the 15th, the day after my order. I'm not going to pursue it though - as long as I get it back as quickly as it was taken out.