I've Cocked Up - Where do I Stand? (Dell Laptop Order)
 

Hi all,

I'm not hopeful with this one, but here goes...

Before Christmas I ordered a Dell laptop on behalf of my Aunt, who was buying it as a present for my Uncle. One part of the order that was important to her was a backlit keyboard, which I specified when building it online and which she paid extra for.

It was delivered on the 10th of December and she dropped it off at my house for me to just give it a look over to make sure it was ok. I took it out the box and made sure it hadn't been damaged in transit, but didn't want to do anything more with it since it was a present - in hindsight, obviously not the most sensible decision.

Anyway, he isn't the best with computers, so on Christmas day when I was there for dinner I switched it on for the first time so that I could show him how to use it. It was then that my Aunt mentioned the fact the keys weren't lighting up (doh!), and we discovered it was only a standard keyboard that was fitted.

Basically, I've been in touch with Dell now who say that because the order wasn't checked within their 10 day period after delivery, they can't - or more importantly, won't - do anything about it.

I guess it is fair enough if it's in their terms and conditions, but it just doesn't seem right to have paid extra for something which was basically a condition of the order, and then not to have received it. So do I have a leg to stand on here? Or do I just shut up and accept responsibility?


Cheers

10 days or not, its NOT as your contract of purchase specified, so they are in breach and I would assume have to rectify. Worst they can do is force the issue of postage.

Pretty sure with online purchases regardless you are entitled to 30 day return period.

As far as you are concerned you paid for a backlit keyboard and they have not provided you with this....http://www.consumerdirect.gov.uk/aft...hts/.....might be of some help

Thanks a lot. I'm reading up on the 30 day rule now. I think they may be trying to fob me off until I'm out of that period.

The right to cancel is 7 days for online from either the time of order or time of delivery - whatever is longer - assuming it is delivered within a certain time period, so you've missed out on that one

If there had been damage (for example) then you may have missed the 10-day period within which to report the damage, but Snazzy is 100% correct in that the item does not meet the specification that you paid for so there is a breach of contract at the moment. You have various remedies, but the easiest one is simply to request that they replace the item delivered with the correct one. Put it in writing or email to their customer services department. If they refuse to replace, or offer a discount, then you can get nastier about it, but best to try to keep things civilised to start with.

The 10 day rule applies to quotations
"Quotations/Orders and Changes
3.1 Dell quotations are valid only if in writing & for 10 days after the quotation date, unless otherwise stated in the quotation."

You're notifying them within a reasonable time.
"3.3 Dell accepts Customer's offer to purchase under this Agreement & makes a binding Agreement by issuing an Order Confirmation. Order confirmation is binding except, in the case of consumers only, where there is a discrepancy between order confirmation and what consumer ordered and where discrepancy is unacceptable to the consumer. It is recommended that Customer review the Order Confirmation & notify Dell within a reasonable period of time of any discrepancies that are noticed."

Again, no stated time limit.
7.1 Customer should notify Dell promptly: following delivery of any missing, incorrectly delivered, incorrect specification (subject to Clauses 3.3 & 3.4), or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.

They are in breach. Check your invoice (if itemised) for the backlit keyboard.
"Termination
16.1 Either party may terminate this Agreement if the other:
16.1.1 commits a material or persistent breach of these Conditions; &
16.1.2 fails to remedy such breach within 30 days of written notice being given to it by the other part requiring a remedy. "

Laptop was not sold as described, not fit for purpose as it cannot be used in the dark.(possiblity)

From their T&C on their website.

I think Dell are pulling a fast one IMO!

Where's PSLewis when you need him..

Hit another snag now... just realised it's been more than 30 days since it was ordered. Don't think there's much chance here.

It should start on the day you received the laptop, 10 Dec. Still worth a try, what have you got to lose a part from cost for a back lit keyboard. They should at least refund that part.

don't give up!

I wish some of my customers were like you with there £5 orders!

Its not what you ordered, credit card/ debit card payment? If so contact bank and tell them its not what your ordered but be firm! none of this wishy washy attitude as it will get you to nowhere!

with in 30 days of delivery is a perfectly reasonable time to notify them that its not the correct item you ordered.

I would firstly escalate it with dell and say that you want it rectified keep calling them until you speak to someone with some sense!

they're trying it on. sale of goods act, product not as ordered - they lose

+1

Don't give up!
They are in the wrong and as posted - worst case is you might have to pay the shipping costs for returning it.

Threatened them with a complaint to the authorities. They can easily check that you paid for a backlit keyboard in their accounts. The fact that it was a Christmas present should cover you.

They are being unfair and in fact cheating you of the extra money for the keyboard.

Remind them that it is their mistake!

Les

Tell them up until that time you were using it in bright sunlight and hadn't noticed, only when used in the dark you thought it was faulty at first.

Fine PR for Dell products.... not!

Just phoned and spoke to someone else, who is now contacting the manufacturing place - apparently...

Cheers for the replies above, very helpful.

Jonc - I quoted the terms and conditions to them and that seems to have got me somewhere... at least it wasn't a point blank refusal. Who knows if this story about phoning the manufacturing plant is bullsh*t or not though. These people are muppets!

Stick the service tag into support.euro.dell.com and it will give you the Spec that they think they shipped it with, it will also give you dispatch and delivery dates along with the order. start reporting it as a fault if getting a replacement because of an error isnt getting you anywhere.

As a backup get it in writing by send them a letter recorded and signed for. The letter will mean that they will have to provide a remedy within 30 days of receiving the letter under their T&C.

Stop faffing around and just send it back saying it wasn't what you ordered and only noticed when Uncle opened his present when you went to see him.

And don't let them charge you extra for new VAT rate as this is replacement for goods ordered last year at old rate. dl

Basically, goods not as described/ordered and paid for - they will have to replace it - or offer you a refund for the part that's not been delivered.




Good point, where is the old codger?

I love Dell products ....

But cant stand there customer service....

Same here.

I'll keep at them, as most of you are saying. Looks like I was just fobbed off (again) in that last phonecall, as I've had nothing as of yet.

The issue is Dell are a corporate beast. They don't make a lot of money out of you, their gig is selling to business so the customer service leaves a lot to be desired.

5t.

They obviously have a clear strategy for maintaining margins though. That in this case being: don't waste money or time collecting and returning laptops ordered by consumers when it obviously isn't worth it. As you say, much bigger fish to worry about.

Bottom line is I should have checked the terms and conditions and the order as soon as it arrived.

I'll persevere for now though.

They are just trying to fob you off surely.

Say the back lit keyboard was on the laptop as requested and stopped working less than a month later, you would just ring them up and get it replaced.

SOGA - item purchased is not as previously ordered.

Aunt has been away for the last 20 days on her winter holiday and has only just opened the item up, you only checked for non damaged delivery as it was a present.

They have not fulfilled the terms of your order and should either rectify or refund - you have to give them due chance to rectify and then write them a letter.

Obviously they have poor customer service, as most retailers will use extra discretion around Christmas (i.e. the period for returning/exchanging goods starts from Christmas Day). That will not be compulsory, but I would push it anyway in the hope they may budge. Just explain it wasn't opened until Christmas Day and you have contacted them at the first opportunity (maybe say you have been away??)

The fact is, you haven't got what you have paid for, and their terms don't appear to give a definite period in which to contact them. If 30 days applies, you are within that. Tbh, if you get messed about much more, I'd get in touch with CAB/possibly trading standards to get their POV. But be quick.

Good luck. :thumb:

I have thought a little more about this, why not make a claim under the 12 month warrenty for a non working lighting up keyboard, you can prove it is what you purchased as you have the invoice..when they come out and fix it you may get sorted.

the keyboard is after all faulty to what you ordered.

Dell laptops are ****.

Jods
Typing on a Dell Latitude E6400 :(

if you can prove you ordered and paid for a backlit keyboard -- then a simple letter (registered post) to the CEO with a copy to the legal dept, or company secretary (registered post) detailing the complaint asking for redress and giving them 15 days to respond before you file a claim in the small claim courts -- usually focuses the corporate mind -- try and find names to address the letters too -- that really focuses the corporate mind

most names are public domain

Have you confirmed on your invoice/delivery note/spec sheet/receipt that you actually paid for and was charged for a back lit keyboard? Could it be that somewhere between spec'ing the laptop and actually buying it the back lit keyboard option was missed?

If you have it on the receipt that you have paid for and hence should have the back lit keyboard then it is SOGA and failure to supply as per contract, there is no specified time limit to this.