can dell do this

poet123

You may be factually correct about the nuances of contract law,but in this particular instance would you go to the trouble of going to court?. The aspects of contract law you cite are there,but I would expect some measure of common sense to prevail as to whether it was worth taking up court time with such a trivial issue. I suspect the SCC would not look too kindly on someone who did use this remedy in this particular circumstance just because they could.

uktim29

poet123 wrote: »

I suspect the SCC would not look too kindly on someone who did use this remedy in this particular circumstance just because they could.

Exactly, with getting your money back and being in the same situation before you started I really don't think you can get much lower than trying to do this just for the sake of it.

Squiffy

uktim29 wrote: »

Exactly, with getting your money back and being in the same situation before you started I really don't think you can get much lower than trying to do this just for the sake of it.

Is that the point Tim (or Poet).

I've said throughout that Dell are in breach of contract, and that various remedies are available for that.

Meanwhile others including you Tim have said that Dell are free to cancel the contract, that a refund is enough to remedy the breach, or that force majeure has applied in this case.

None of which is true.

Whether the OP or custardy want to pursue this particular case is up to them. I would suggest that they at least involve trading standards, but in their position I wouldn't be initiating legal action.

But at least they know that they have that option, despite the incorrect assertions made repeatedly by others here.

Quick note on the Kodak case. The point wasn't about whether this was a pricing error vs the items being out of stock. It was about how when a contract exists it can be enforced, even if the consumer hasn't lost any money.

poet123

I have agreed with you that a contract can be enforced despite their being no losses per se. However that doesn't make it desirable to do so,and in this particular case I wouldn't waste my time.

ianfromnotts

There is a very similar thread over on AV Forums about Dell refusing to honour orders claiming pricing errors due to a "database fusion error" searching the web it appears that Dell refuse to supply on a regular basis and appear to be in breach of their terms and conditions of trade, their internal codes of conduct and the distance selling regulations on a regular basis, I have formally complained to trading standards but there is benefit in numbers, I suggest everyone with a problem does the same. Trading standards are based within your local council usually trading dot standards at your CC web address.