Dell PC order was due 23/12 now due 12/01 - what are my rights?

[rainbow_2003]

Hi,

 

I ordered a DELL pc from Dell.co.uk on 02/12/2009 and the delivery estimate until today was 23/12/2009, just in time for Chrismtas (it's a christmas gift for my son). The delivery estimate has now changed to 12/01/2010!

 

I called Dell to cancel the order but was told as the Order status is "In Production" I can't cancel. The option they gave was return the item within 7 days or refuse delivery (both option incur a 15% restocking fee though). I think they are being crafty, as the 'In Production' status was showing on the order status page from day 2 after the order was placed (they only allow cancellations if the status is 'Order Processing', not if it's made it to 'In Production')

 

What are my options? Really, I like to get my money back asap and buy a pc from somewhere else in time for Christmas. Why it takes Dell (with all of their slick manufacturing methods 5 weeks to build a simple Inspiron base PC is beyond me.)

 

Can I use the small claims court to either get the PC quicker or get a refund now?

 

Thanks in advance.

 

Adrian

[sequenci]

Welcome to our forums. This is really not my area so I'm going to call for back up! My initial thoughts are that you may have protection under the distance selling regulations. Let me ask the team.

 

Best wishes, and welcome again!

 

Seq.

[HSBCrusher]

The goods still haven’t arrived

 

Under the distance selling regulations, the goods must be delivered within the time period they have specified. If no time period is specified, then the statutory time limit is 30 days (unless you have agreed otherwise). If the supplier is unable to do this, they must inform you before the end of the 30 day deadline. They may offer you an alternative date for delivery, but you are under no obligation to accept and can ask for a full refund. For other purchases, Sale of Goods only refers to ‘reasonable time’.

 

(emphasis mine)

 

whatconsumer.co.uk/delivery-and-collection-of-goods/

Edited December 18, 2009 by HSBCrusher

[HSBCrusher]

Goods must be delivered within thirty days unless agreed otherwise;

 

Distance Selling (Mail Order, Telephone and Internet Shopping) Fact Sheet - BIS

 

dell have broken the 30 day rule, and you have not agreed to a refund.

You are entitled to your money back.

[HSBCrusher]

Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods.

 

of course you could just send the thing back when you get it, its a useless christmas present if it arrived mid January. You bought it being told it would arrive on time, they have broken this contract. I dont see they have a leg to stand on.

[pin1onu]

This is from Dells website:

 

Terms and Conditions | Dell United Kingdom

 

Consumers: 5.4 Delivery will take place less than 30 days after the date of Order unless specifically otherwise agreed at the time of making the Order.

5.5 If the estimated delivery date cannot be met and the revised delivery date will exceed 30 days from the original date of order then Consumer will be contacted & advised of a proposed new date for delivery. If Consumer refuses the revised delivery date and delivery is not made within 30 days from the original date of order or prior to the specifically agreed delivery date if applicable, then Consumer may cancel the order without charge & obtain a full refund.

 

 

• If the goods don’t arrive on time
  The Distance Selling Regulations also give you protection if you ordered something online, by phone, fax or mail order and either you or the seller specified a certain delivery date (e.g. in time for a birthday or Christmas) but it wasn’t delivered on time. If this happens you’ve a right to a full refund. If a date wasn’t specified, then delivery should be within 30 days.
  Financial services and auctions are excluded from the DSRs, although you are covered for goods bought with the ‘buy it now’ facility on auction sites such as eBay.
  

Unfortunately I think they are within their rights. However according to their own website and also the distance selling regulations unless they deliver to you by New Years Day you have the right to cancel.

 

What I would do is ring Dell and say that if they cannot meet the delivery date then you want to cancel. Say that as this revised date has not been agreed with you and is outside of the 30 day period that you wish to cancel under the distance selling regulations. Be polite and firm.

 

I would suggest explaining the circumstances and seeing if they can do anything about it. If they deliver within the 30 days then they can expect you to pay the goods or at least the return charge.

 

I don't think you'll have any recourse via the courts or T/S.

[ashmk]

Have a look here, its a similar issue to yours

 

Can I cancel my Dell order? - Computing and Networks - Digital Spy Forums

[SOD'EM]

You would have been better off ordering it from Dell Trotter.

Edited December 22, 2009 by SOD'EM

[Tezcatlipoca]

its a useless christmas present if it arrived mid January.

 

It's a useless Christmas present regardless; it's a Dell.

 

As others have said, rainbow_2003, you are perfectly entitled to get a full refund, and, given the nature of this purchase (Christmas present), I'd be inclined to push for a little extra in the form of compensation.

[fairyprincess5]

You do have a right to cancel your order as they have not performed to the contract (the date they said it would be in by)

[andydd]

You would have been better of ordering it from Dell Trotter.

 

Ha..Snow damaged PC's anyone ?

[rainbow_2003]

Just an update....

 

I rang Dell, and got through to their Indian call centre:|. They have marked my order as Cancelled on their system but hear this.... they are still going to ship the PC to me and I have to either refuse delivery or send back within 7 days to get the refund. Crazy.

 

In the meantime, I bought a replacement PC of similar spec from the High Street so my son won't be disappointed on Christmas Day.

 

This is my first experience of ordering anything from Dell. It will also be my last . Once I get my refund, I will write a letter of complaint and see what comes of it.

 

Thanks to everyone who has replied.

[Tezcatlipoca]

I'm sorry you've had to learn this the hard way, rainbow_2003, but Dell are beyond **** for the desktop home owners market.

 

Their machines are very cheaply and quickly put together, with no frills, and consistently offer little chance to upgrade as the hardware gets out of date. They have a deal with Micro$oft that allows them to ship with cut-down versions of the operating systems, so they're not as fully featured as they otherwise would be.

 

It's for this reason they can flog you an entire system (and usually flatscreen as well) so cheaply. They're the world's second largest computer manufacturer by virtue of quantity, not quality.

 

Don't get me wrong, I run over a hundred Dells in my network at the company I work for, but that's kind of the point; for cheap, mass produced business machines that don't need to upgraded and don't need to be especially powerful by today's standards, Dell are just fine. But for home use, I'd streer well clear.

 

Glad you managed to get it sorted in the end, though.

[HSBCrusher]

good stuff Rainbow... well done.

 

just shows what knowing your rights can do for you eh?