can dell do this

Squiffy

Vomityspice wrote: »

Dell are not wrong, you are!

Dell can withdraw from a contract before it's completed

In principle there is no legal commitment until a contract has been concluded by the acceptance of an offer and, up to that point, either party is free to change his mind and withdraw from the negotiations, see: Grant v Routledge (182 something or other!)

There is no requirement for Dell to sell to you!

Wrong, wrong, wrong.

Look at Dells own T&Cs. An order confirmation is acceptance.

And in the case of custardy, they've taken payment so regardless of the legal force of the T&Cs they must supply the goods as ordered.

uktim29

Not if they refund it!

If you were to take Dell to court for breach of contract what would the court expect Dell to do? What generally happens when a company/person can't complete a contract...............oh yeah, they have to give the money back.

Hang on?

Dell have done this!

That is what would happen in a court!

Squiffy

So now we've moved on from force majeure, to a refund being enough to void a contract?

Since when? As even Vomityspice pointed out, a contract is formed after offer and acceptance. Even if you disagree that T&C 3.3 defines the acceptance, then not even you could argue that taking the money doesn't constitute acceptance, surely.

I feel sorry for the OP who has come here for advice and who is being badly misled by people who quite demonstrably do not understand contract law.

hollydays

I dont understand contract law-but i do know Wikipedia isnt a legal reference book.

Squiffy

hollydays wrote: »

I dont understand contract law-but i do know Wikipedia isnt a legal reference book.

Well go and find me the case law or reference that supports an item being out of stock as constituting force majeure.

peter_the_piper

I think you are wasting all that brain power argueing about Dell and their contracts/acceptances. When there has been a misprice and thousands of items ordered there have been hundreds of posts arguing just as you are doing. The net result was nobody got anywhere, nobody sued and after a few weeks the thread went the way of all tired out threads and faded away. You won't get anywhere with Dell so its easier to move on.

uktim29

Squiffy wrote: »

I feel sorry for the OP who has come here for advice and who is being badly misled by people who quite demonstrably do not understand contract law.

They're being mislead by you! If your so sure on what your saying find a link to a case that demonstrates your argument, an exact case! I bet you can't!

chocolatechipcookies

Squiffy wrote: »

How is that useful to the OP? They came on here for assistance with a genuine question. It is clearly Dell who are in the wrong, and the OP should be supported in dealing with them.

They gave a refund for something Dell could not provide. There is no big deal. The OP got their money back, so why not just take that money and get another computer somewhere else? It would take a lot less time than posting on here.

custardy

hmm i think my situation is slightly different.
i too got the items at the low sales prices on dells site.

Product Unit Price Quantity Price



Belkin CushTop - Notebook platform - green £ 9.61 1 £ 9.61



Belkin Providence Street - Notebook carrying case - black £ 8.79 1 £ 8.79
Price: £ 14.72
Delivery Charge: £ 0.00
VAT: £ 2.58
Total Price: £ 17.30

now Dell still list this notebook case and the cushtop on their site.

item http://accessories.euro.dell.com/sna/productdetail.aspx?c=uk&l=en&s=dhs&cs=ukdhs1&sku=A0612260 laptop case http://accessories.euro.dell.com/sna/category.aspx?k=cushtop&_nks=true&c=uk&x=0&y=0 cushtop

so whats the views on this given payment was taken? on the 30th and the order was placed on the 8th?

ps ebuyer list the cushtop for under £13 so the cushtop price cant be massivly low even though dell list it much higher

maemaesmummy

I too ordered the cushion.... my status shows as

We are checking with our suppliers that the items you need are available.

My payment was showing on bank a/c on monday.... am confused why payment was taken weeks after order and now status is showing as above..