Tweet
Online Retailer stopped delivery and recalled order, do I have a case.
Hi,
I hope somebody can help. I placed an order for a laptop on Friday, which as a student I had used a discount code to receive £300 off a specific model, on the same day I received an order acknowledgment detailing what I had ordered. On Saturday I received an email confirmation with an invoice attached with order & billing details and a text from dell that my order will be with me Monday between 10:52 - 12:52. I received an email from ukmail (delivery service) that my order will be with me between the times mentioned previously. Time had elapsed from the time slot given, so I checked the tracking system and it stated the driver was delayed and would be with me soon. At about 13:15 the tracker stated that i was next for my package to be delivered, which I waited till 14:00 and nothing was delivered. I then received a text from ukmail saying that "We're sorry. Our driver has met with an unexpected delay. Your order will be with you soon". I then called the retailer only to be told that my order has been recalled and they would investigate the reason and would call me back in an hour. Waited till 17:00 which is their closing time and did not receive a call back. I called this morning to receive an update and was told that the package has been recalled and is waiting for authorization from logistics and was told i would receive a call back. waited till 15:00 today and again nothing, so called again to be told that my order was recalled due to a pricing error and that I would be refunded. I stated to them that I have not received a cancellation email up till now and based on their own terms and conditions me and them have a binding contract and they are breaching the t&c's of this contract.
"2. Order and Acceptance2.1 You may place an order for Product(s) and/or Services directly with Dell either online or by telephone. The placing of an order by you represents your
offer to buy subject to these Consumer Terms. Please note that the Contract between you and Dell is formed only when Dell accepts your order by issuing
you with an Order Confirmation in writing."
On the order Acknowledgment email at the bottom it states
"Dell will not be responsible for typographical, pricing or other errors and reserves the right not to process orders based on such errors. Dell reserves the right not to process orders for any other reasonable reason as otherwise determined by Dell.
Dell and the Dell logo are trademarks of Dell Inc. Other trademarks and trade names are the property of their respective owners, and Dell disclaims proprietary interest in the marks and names of others."
From the order acknowledgement statement above I would assume that my order has been processed as it was dispatched, therefore these t&C's are no longer valid?
I understand that if i had not received the order confirmation nor had it not dispatched then I would not have raised this issue, but seeing as both above did happen and for me having to chase them with no written cancellation so far I would like to see where I stand with this,
Can anybody advise whether its worth going to cabs?
Really much appreciated for any advice.
Matt
I hope somebody can help. I placed an order for a laptop on Friday, which as a student I had used a discount code to receive £300 off a specific model, on the same day I received an order acknowledgment detailing what I had ordered. On Saturday I received an email confirmation with an invoice attached with order & billing details and a text from dell that my order will be with me Monday between 10:52 - 12:52. I received an email from ukmail (delivery service) that my order will be with me between the times mentioned previously. Time had elapsed from the time slot given, so I checked the tracking system and it stated the driver was delayed and would be with me soon. At about 13:15 the tracker stated that i was next for my package to be delivered, which I waited till 14:00 and nothing was delivered. I then received a text from ukmail saying that "We're sorry. Our driver has met with an unexpected delay. Your order will be with you soon". I then called the retailer only to be told that my order has been recalled and they would investigate the reason and would call me back in an hour. Waited till 17:00 which is their closing time and did not receive a call back. I called this morning to receive an update and was told that the package has been recalled and is waiting for authorization from logistics and was told i would receive a call back. waited till 15:00 today and again nothing, so called again to be told that my order was recalled due to a pricing error and that I would be refunded. I stated to them that I have not received a cancellation email up till now and based on their own terms and conditions me and them have a binding contract and they are breaching the t&c's of this contract.
"2. Order and Acceptance2.1 You may place an order for Product(s) and/or Services directly with Dell either online or by telephone. The placing of an order by you represents your
offer to buy subject to these Consumer Terms. Please note that the Contract between you and Dell is formed only when Dell accepts your order by issuing
you with an Order Confirmation in writing."
On the order Acknowledgment email at the bottom it states
"Dell will not be responsible for typographical, pricing or other errors and reserves the right not to process orders based on such errors. Dell reserves the right not to process orders for any other reasonable reason as otherwise determined by Dell.
Dell and the Dell logo are trademarks of Dell Inc. Other trademarks and trade names are the property of their respective owners, and Dell disclaims proprietary interest in the marks and names of others."
From the order acknowledgement statement above I would assume that my order has been processed as it was dispatched, therefore these t&C's are no longer valid?
I understand that if i had not received the order confirmation nor had it not dispatched then I would not have raised this issue, but seeing as both above did happen and for me having to chase them with no written cancellation so far I would like to see where I stand with this,
Can anybody advise whether its worth going to cabs?
Really much appreciated for any advice.
Matt
Comment