External 250GB hard drive £23.86 from Dell

wizzer

I ordered 2 HD's separately. The first seems to have gone through and I have had a confirmation and a revised delivery date of 28/8.

The second (which was ordered a day later) has been cancelled on the basis it was 'wrongly described'!

phanco

wizzer wrote: »

I ordered 2 HD's separately. The first seems to have gone through and I have had a confirmation and a revised delivery date of 28/8.

The second (which was ordered a day later) has been cancelled on the basis it was 'wrongly described'!

I am in a similar boat - second one cancelled (ordered 3 hours after the 1st), 1st one not yet cancelled but no other confirmation.

I assume they are working backwards through the orders cancelling them !!

BritBrat

I assume they are working backwards through the orders cancelling them !!

That's what I thought too, I may be the last one as I ordered before 11:30am.

thereaper101

phanco wrote: »

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 ?

Yep, they have taken the money, but still a 'reserved' mark on your account is as good as taken. If you have £1000 limit on your account and the last £20 of that limit is reserved (ie taking you upto the £1000 limit) then you cannot spend that money untill dell have cancelled the reservation?

ianonline

subserviantdude wrote: »

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).

I think most people are aware of the concept of "invitation to treat" (it gets mentioned often enough whenever there's a misprice !!) but it's no different to going into a shop and buying something.

subserviantdude wrote: »

When Dell sent the email confirming the order, this is where they entered into a bilateral contract with us.

I'm sure Dell would argue that the order confirmation they send out is just an acknowledgement that they have received your order, rather than a formal acceptance.
Then there's the issue of whether they've actually taken the money from people's credit cards, and if so, whether this would constitute acceptance of the offer. If it could be proven that a contract had been formed, Dell would have to prove that the misprice was an OBVIOUS mistake, and people should have known this when they placed the order, in which case Dell would be entitled to void the contract. This is clearly a subjective point, and I know some people have said that the price isn't THAT far removed from what you'd pay elsewhere for a similar drive, but I think it's safe to say that we all knew it to be a misprice when we ordered it. :whistle:

subserviantdude wrote: »

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.

What, so you're saying that pretty much every online retailer on the planet is in contravention of the Unfair Contract Terms Act because they have a "misprice" get-out clause? - Methinks not !!! :rolleyes: (but I stand to be corrected).

Ian :cool:

biglugs

We're all idiots and there's no way we'll get the HDD.

I have had the email delaying dispatch for a further 7 days. If they were going to cancel my order why didn't they do that instead of just delaying it??

FleetwoodMac_3

Got the e-mail this morning saying cancelled, just got one now to say it will be del. on the 28th instead of the 21st!? I ordered 1 on the 14th (evening).

subserviantdude

ianonline wrote: »

I think most people are aware of the concept of "invitation to treat" (it gets mentioned often enough whenever there's a misprice !!) but it's no different to going into a shop and buying something.

I'm sure Dell would argue that the order confirmation they send out is just an acknowledgement that they have received your order, rather than a formal acceptance.
Then there's the issue of whether they've actually taken the money from people's credit cards, and if so, whether this would constitute acceptance of the offer. If it could be proven that a contract had been formed, Dell would have to prove that the misprice was an OBVIOUS mistake, and people should have known this when they placed the order, in which case Dell would be entitled to void the contract. This is clearly a subjective point, and I know some people have said that the price isn't that far removed what you'd pay elsewhere for a similar drive, but I think it's safe to say that we all knew it to be a misprice when we ordered it. :whistle:

What, so you're saying pretty much every online retailer on the planet is in contravention of the Unfair Contract Terms Act because they have a "misprice" get-out clause? - Methinks not !!! :rolleyes: (but I stand to be corrected).

Ian :cool:

As i stated i only studied law for a semester and anything i said should not be taken as fact. There was no need to disect my comments point by point. and you stand to be corrected :rotfl:

thereaper101

FleetwoodMac wrote: »

Got the e-mail this morning saying cancelled, just got one now to say it will be del. on the 28th instead of the 21st!? I ordered 1 on the 14th (evening).

:rotfl: sorry, shouldn`t laugh, but Dell can`t even get their emails in the right order........sorry, i`ll get me coat:o

Nick

Sponge

ianonline wrote: »

I'm sure Dell would argue that the order confirmation they send out is just an acknowledgement that they have received your order, rather than a formal acceptance.

But they issue (email) separate acknowledgement and confirmation. Presumably to cover this eventuality.

From their own T&Cs:

Section 3.2 states all orders will be treated as offers. (Order acknowledgement email. Still no contract.)

Section 3.3 then states that Dell will accept said offer and make a binding agreement by issuing an order confirmation. Order confirmation is binding... (Order confirmation email. Contract?)

So surely anyone that received order confirmation should get the goods, or an equivalent?

If they caught the mistake and corrected it before issuing confirmation, but after issuing acknowledgement, then you haven't got a chance.