This was posted 15 years 5 months 26 days ago, and might be an out-dated deal.

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Dell Vostro 220ST Desktop with 19" monitor - $350.46 @ Dell (Expired)

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Dell Vostro 220ST Desktop with 19" monitor - $350.46 @ Dell (Expired)Affiliate
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dansor on 10/11/2008 - 09:29 configure.ap.dell.com (4952 clicks)
HK$7SKXL4F?932
This post contains affiliate links. OzBargain might earn commissions when you click through and make purchases. Please see this page for more information.

Enter coupon code HK$7SKXL4F?932 for 5% off….sorry for those who jumped and bought without it :(

  • Intel Pentium Dual-Core Processor E2200
  • 2GB (2X1GB) NECC Dual Channel DDR2 800MHz SDRAM Memory
  • 160GB SATA 3.0Gb/s Hard Drive with Native Command Queuing
  • Integrated Intel Graphics Media Accelerator X4500HD
  • Dell 19" Entry (E198FP) Flat Panel LCD Monitor (Analog only)
  • No Speaker
  • Dell USB Quietkey Keyboard(English)
  • Dell Optical USB Mouse
  • Integrated 5.1 Channel (Audio) Capable
  • 16X DVD + / - RW WITH Dual Layer Write Capabilities
  • Genuine Windows Vista Home Basic 32 bit SP1 Edition (English)
  • Microsoft Works 9.0 (Does Not Include Microsoft Office 2003/2007 Software)
  • 1 Yr Next Business Day Onsite Service

(Edited by scotty — looks like the deal is no longer valid. Marked as expired)

Computing Computer Dell Desktop Computer

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Dell
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closed Comments

  • Reion on 12/11/2008 - 15:46

    I ordered mine fairly early too and am yet to receive a call.

  • oziboi on 12/11/2008 - 15:50

    I'm surprised that this isn't only a once-off incident.

    You don't expect these things to happen from a large multi-national.

    Bring back Anna Coren to TT!!! She'd love this one.

    • [Deactivated] on 12/11/2008 - 15:53

      They should have a process to check pricing is correct before publishing it, and a policy that in the event that the make a mistake like this, in the interest of good customer relations, they just honour the deal and take the hit for good word of mouth.

      If this happened at Kmart I'd be smelling the smell of new computer by now.

      /dream

    • kristoff on 12/11/2008 - 16:07

      i had good customer service experiences with dell usa and dell singapore before.. and cancelling our orders like this is far from satisfactory.. i expect better from you dell!!

      • [Deactivated] on 12/11/2008 - 16:10

        It's the 52 hours and still waiting for some sort of communication part that is the really poor service.

  • kctt on 12/11/2008 - 15:55

    Dell sucks. I would not order anything from Dell again.

  • neosin on 12/11/2008 - 16:16

    um where are the neg votes? LOL?

    Final word is that no one is getting it and everyone that did purchase wasted 1 hour+ of time chasing somthing which they can't.

    Scotty i think u should ork on a code that allows people to change their votes. Can't be that hard :P

    • Blinda on 12/11/2008 - 16:22

      I'd like to have my +ve vote back

    • totom on 12/11/2008 - 16:22

      lol, if there are too many neg votes then I think scotty will have to ban DELL on ozbargain for sometimes, just like CCOD. Lol

      • Noslee on 12/11/2008 - 16:37

        hey, this deal was an excellent find, only DELL should get the -ve vote

        • ESEMCE on 12/11/2008 - 16:43

          Exactly.. the deal finder deserves the votes..
          The votes aren't for Dell they're for the finder of the deal…

    • kctt on 12/11/2008 - 16:35

      It doesn't take that much time for me.
      Everyone know Dell sucks so changing vote is not very important.
      One good thing is I saved almost $400 for something else (already have 2 laptops at home and 2 pcs at work).

    • cacbm on 12/11/2008 - 16:37

      Exactly. I don't understand the rationale behind the rule that you can't change your vote after 24 hours. If it turns out to be a bad deal, like COTD and Dell, why not?

      • ESEMCE on 12/11/2008 - 16:45

        The rationale is that the votes are for the person who posted the deal..

        That the site failed to deliver, is not the role of the voting system.

      • scotty on 12/11/2008 - 18:41

        Feel free to discuss voting/revoking and comment display issues in the forums. Initially voting is final and you cannot revoke your decision. 24hour limit was there so the voter can still change mind within a short time frame.

        We might have a vote on whether we want to extend that time frame :)

  • theguru1 on 12/11/2008 - 16:27

    I'm with Itsross, since your credit charge has not been charged then there is no contract.

    Anyway, good luck with the fight.

  • oziboi on 12/11/2008 - 16:37

    Just be warned… when dell calls you, they ask if YOU want them to go ahead and cancel the order. That means you forfeit any right to fight the matter if you choose to.

    • remote on 12/11/2008 - 16:48

      I'll be saying, I'll reserve my right to seek legal advise and file a complain to ACCC, Fare Trading, Consumer Affairs and whatever department I can get my hands onto.

      • neosin on 12/11/2008 - 19:47

        ROFL!

  • azkgtr on 12/11/2008 - 16:47

    I also just got a call from dell saying they can not process my order as it was a technical mistake as it should ahve been $799, I replied saying that it was their fault in the technical error and i already ahve placed my order and was expecting the delivery next week. She did not ask me if i would like to cancel but only said that my CC was not charged so she can go ahead and cancel the order as they are cancelling all orders

    sniff Sniff i had the $375 with the 20" wide screen

  • bctransit on 12/11/2008 - 16:53

    the ebay item 270300484159 has been cancelled..

    The seller ended this listing early because the item is no longer available for sale.

    • davodinkum on 12/11/2008 - 16:57

      i asked the seller why it was no longer available and she said because she will be away she'll wait till she comes back and then relist it so it doesnt cause any problems…. fair enough i guess

  • totom on 12/11/2008 - 17:08

    if you pay by bank transfer, I assume Dell also have the right to cancel your order and provide u a refund right, if they don't like to sell to you.

  • Red Hippo on 12/11/2008 - 17:12

    negative because i can. and it deserves it.a lot of dicking around for nothing. Good find though. kudos to the guy who found it. Some sort of anti kudos to dell.

  • remote on 12/11/2008 - 17:58

    I got my call from the Dell rep, she kinda repeatedly said I got 2 options 1. Cancel the order 2. Proceed with the $799 + 5% discount. She really tries to push you from taking one of the two. So I told her, No. You got two options, 1. Give me for the advertised price 2. I'll file a complain to ACCC and Fair Trading.

    Now, I'm waiting for her manager to call back. Let you guys know if i heard any good news from the manager. I doubt it.

    • Foma2 on 12/11/2008 - 18:27

      good on you mate. just keep us in the loop.

      guys I reckon if most of us would fight back for our rights, Dell will have to follow the law. Their guidelines CANNOT contradict the law no matter what.

  • WhiteEvo6 on 12/11/2008 - 18:03

    dell called finally, took them 52 hours to contact me I didn't cancel told them I'll speak to a senior staff member. Waiting for a call back. If anyone paid by direct deposit I suggest you remind them by paying them in cash they have a legal contract with you as for us credit card payers I'll be telling Dell that myself and the other 8 guys I work with that have ordered will be speaking to the ACCC about the matter and using the $8 drives as an example. The CPUs are old and most of the gear adds up to around the $500 mark retail so they would get heaps off that buying bulk so Dell can wear the cost as far as I am concerned they are just calling people to limit the damage of a pay out.

  • rthomson on 12/11/2008 - 18:18

    I just had "the call" from Dell. Order cancelled. Still, would have been grand if it worked. Bad karma be to Dell.

  • [Deactivated] on 12/11/2008 - 18:22

    I have 6 missed calls on the home phone. Dell can chase me forever until the get sick of it and give me my pee-cee.

  • randoom on 12/11/2008 - 18:35

    It sounds like the same EXACT situation I've had with Dell recently. They screwed up an order of mine for a laptop and were offering me a degree of compensation (essentially nothing - $99 off a $2000 order), and I told them it wasn't good enough.

    They told me repeatedly that's all they could do, and they said it over and over and over again about it, until I kept asking to speak to managers. Finally (after about 4-5 people) got onto some guy and he changed his tune.

    Bet this will be the same. Most people don't think to push for what they want (or don't want to), and because of that, Dell will keep getting away with this. That's what they'll rely upon, and most people will just give up.

    That said, I'm still waiting for the call. When they do..they'll wish they hadn't called my number.

    /rant

  • Foma2 on 12/11/2008 - 18:36

    I do not quite understand why Dell is not legally obliged to deliver paid orders ?
    A week ago I bought an mp3 player from one well known site. In SIX HOURS after my purchase they had a $10 voucher promotion, I sent them an email right away asking if I can get a voucher. They said no. What did I do ? Nothing. I purchased an item and paid them money - end of story. And it does not matter that the payment did not get through when I called them and the item has not been shipped yet either. I am as a buyer takes legal responsibilities when I purchase something as well as the seller does.
    And again do not fool yurself - Dell is not going to LOSE any money. The deal is definitely not below the prime cost.

    • cyssero on 12/11/2008 - 19:05

      I would argue that the deal well and truly is below their net cost. There is a significant mark up on most Dell products but I don't think you could manufacture and assemble a system like this for $375 - system plus 20" LCD. The real cost is coming from the LCD, the BOM (Bill of Materials) has to be at least $120-150. That leaves barely $225 for the rest of the machine plus courier fees, not to mention warranty call outs, etc.

      • Foma2 on 13/11/2008 - 10:24

        OK let's look at the delivery charges as an example. how much you are normally charged for the delivery by online shops ? $8, $10 or even $15 for a small parcel. Do you know how much money are paid to a delivery guy ? $2 per parcel. All the other money goes to THE FIRMS.
        Dell computers assembled in China by workers who hardly earn more than $500 a month.
        Another example 42" HD Panasonic plasma is less than $1000 (if you haggle properly), so the prime cost for Panasonic should be around $600…$800. Price tags figures in stores are around $1300…1500.
        This is applicable to the Dell computer as well. If their normal price is ~$800, than the prime cost should be ~$400.

        • cyssero on 13/11/2008 - 23:48

          I see your point, and trust me I know a little more about margins in retail than you might think. But I don't think it's as easy as saying, the RRP is $800, so .'. it costs $400 to make. It's not something either of us are qualified to argue, they might feel like running a loss leader and choose to make their money off something else — companies very often do this (supposedly nearly all nVIDIA GTX260s are sold below cost).

          We are also talking about multiple components within this PC which are sourced from many different areas around the world. With Panasonic, the TV is one complete unit and they fabricate these off one design. Dell have many different options and configurations which just drives up their cost by a lot.

          And I still think that the bill of materials would be equal to or more than $350. We're also talking about Vista licensing which could probably be one of the most expensive parts of the system.

          Anyway, from my experience, margins are not always as high as it may seem. People would be surprised (and won't believe) exactly how little profit is made on some items. Then again, they'd be surprised on how much profit is made on others. At the end of the day it all balances out, which is why Dell are in the green :)

          • [Deactivated] on 14/11/2008 - 07:09

            @cyssero: "I see your point, and trust me I know a little more about margins in retail than you might think."

            Yes, retail. This is Dell however. There is no middleman and don't work under standard retail profit margins.

            "We are also talking about multiple components within this PC which are sourced from many different areas around the world. With Panasonic, the TV is one complete unit and they fabricate these off one design. Dell have many different options and configurations which just drives up their cost by a lot."

            A plasma TV practically is a computer, it has just as many components as a computer which are sourced all over the world. If anything it would cost LESS to fabricate a PC than a Plasma…I mean, you and I can potentially build a PC ourselves in half an hour, can you build a plasma TV?

  • oziboi on 12/11/2008 - 18:49

    http://www.theage.com.au/articles/2003/05/14/1052591831579.h…

    If IBM can honour their mistake (even though it was a bigger blunder, then so should Dell)

  • VanessaT72 on 12/11/2008 - 18:49

    Man, you're all getting me crazy angry.

    They've just started a big fight:) and I'm not backing down.

  • neosin on 12/11/2008 - 19:51

    all i can say is unless u people find a real lawyer the ACCC can't do jack.

    the terms and conditions clear say if the mistake was honest ACCC can't do crap

  • Reion on 12/11/2008 - 20:31

    Anyone else still waiting on a call? 3 days to tell me its canceled is a bit much.

  • lxstr on 12/11/2008 - 20:42

    Yup, still waiting

  • diamondtouch1 on 12/11/2008 - 20:52

    i got a missed call on my mobile this morning at about 10.30, was a withheld number, im assuming that was dell. Don't think they rang my home number too.

  • WhiteEvo6 on 12/11/2008 - 21:16

    Dell told me they cannot cancel my order without my permission and they cannot honor the order at the price I paid for it. They have only been given permission to charge my credit card at the reduced price so they cannot charge me $799, so we have a stalemate. I am willing to waste a few hours to save $700 on a workstation. If they had sent me an email 24 hours after I ordered I would have taken the mistake on the chin, but 52 hours before I was contacted not acceptable, plus I was told they didn't see the error till today that's why they took so long to call is rubbish, they knew of the mistake around 1pm on the 10th when they took the site offline.

    This won't cost Dell a dollar if they send the machines out, they buy in bulk and save large amounts off retail pricing. I can get this same machine for retail buying parts of known brands like ASUS, Aopen , Corsair and Western Digital etc for $666 and that's retail buying from one store, I am sure if I shopped around I could get it lower, including a 20" Viewsonic LCD panel, so Dell will still be making profit even if its $5 selling it at $370-400 to us. The only thing missing from this machine is a Dell badge.

    I say those of us that are left stick to our guns and don't back down.

  • [Deactivated] on 12/11/2008 - 23:00

    I'm still waiting on a call. Maybe they are doing it by surname (i'm a 'W')…. lets all stick to our guns or at least have a bit of fun trying…

  • VanessaT72 on 12/11/2008 - 23:04

    No-ones called me - I've called them. They'll be getting a few dozen more calls tomorrow too:)

    Scoundrels.

  • quackster on 12/11/2008 - 23:35

    Everyone love a bargain, but isn't it going a little over the top when its clear dell made a mistake? For most of you, you haven't actually paid for anything as your cards haven't been charged. It's almost as if you walked into a store and the price scanned at the register was higher than the ticketed price. In a supermarket you would get away with it at the lower price but that's because of the "Scanning Code of Practice" which is a voluntary code anyway.

    OK, so they took a while to contact you. I'm sure it took them some time to decide what they were going to do with this massive pile of loss-making orders. They now obviously have to go and contact everyone who bought it, and it seems like it could be quite a lot of people, which takes some time.

    Going by that SMH article quoted earlier is not the same as you haven't actually paid for it. Yes, the bait and switch tactics they are using is definitely wrong but at the end of the day any right-minded business is there to make money.

    I don't work for Dell. I was even considering taking this offer before it was pulled down. But all I'm saying is that most of you knew it was some kind of error anyway.

    • neosin on 12/11/2008 - 23:55

      +1

      well said.

    • [Deactivated] on 13/11/2008 - 05:32

      "In a supermarket you would get away with it at the lower price but that’s because of the “Scanning Code of Practice” which is a voluntary code anyway."

      Wrong. If I walked into Coles or Woolworth and picked up a DVD or a Kiwi fruit or any other item that scanned higher than the ticketed price, I'd get the first item free. I guess they believe that THEIR mistake is in fact THEIR mistake, and they take the hit.

      If I accidentally listed an item on eBay for $2.80 when I meant to put $28.00, I'd be expected to sell the item at $2.80.

      • zooboy on 13/11/2008 - 11:45

        that's just store policy. they got every right to refuse a sale based on the error they just do that out of good faith

      • quackster on 13/11/2008 - 11:53

        Sorry, my mistake. You're right about the code.

  • GerrardLFC on 13/11/2008 - 01:53

    It is stated that a contract does not come into effect until Dell charges and accepts your order.

    Until that time the order is not confirmed and can be cancelled at any time if Dell sees fit.

    In this case there was a pricing error so order is cancelled :(

    I had ordered one for my study room :*(

  • WhiteEvo6 on 13/11/2008 - 09:31

    what dell puts in it's terms and conditions and what is the law of each country it sells in are two totally different things. Apple had the same problem when they first sold iPods here they only offered 90 days warranty until reminded this is Australia not the USA and that's not aloud, it was changed to 12 months, I got the first model and it clearly showed 90 days warranty not good for a $1000 item.

  • RandomNinja on 13/11/2008 - 10:46

    Hmmm, I just received a call from Dell, saying pretty much the same thing about cancelling the order or buying it at $799 instead. I mentioned that I'm awaiting advice from Fair Trading and they offered me a 10% discount!

    From what I can tell, the previous offer was only 5% off? A sign perhaps, of the feedback and pressure Dell is receiving?

    • randoom on 13/11/2008 - 10:49

      Sounds like they're trying to buy your silence. It's a pattern of behaviour for them.

      They only have to go to 50% discount to get to the price we want to pay anyway.

  • kctt on 13/11/2008 - 10:57

    What about sendding Dell acknowledgement email and complaint to MX newspaper?

    • RandomNinja on 13/11/2008 - 11:02

      Well that would defeat the point of them offering the discount to silence me and others lol

      • oziboi on 13/11/2008 - 11:21

        I got 10% too… I'm sorry but bargaining by offering increased discounts only adds insult to injury.

        On top of the fact the rep i spoke to sounded like an answering machine

  • qiang on 13/11/2008 - 11:36

    u guys all knew it was a mistake on dell's behalf - even from the beginning

    why try to make such a big fuss out of it and be so stingy?

    • ESEMCE on 13/11/2008 - 11:58

      Yeah, that's right… we all KNEW it was a big mistake by Dell because it said so on the first page..

      How do you figure that?

      Occasionally Dell have deep discount sales, it's not like the PC system was $3, it was still almost $400..

      Personally I don't think it's unreasonable to have thought this might be a genuine offer.

      Factor in the fact it took over 4 hours before the page was withdrawn.. How many hit's does a Dell page have to take before their system flags a warning about unusual activity?

      Dell are well within their rights to refuse the sale becasue it was a mistake. However the practice of offering the system at the full price is evidence that this is a bait advertising campaign.

      I'm still awaiting my call (haven't even got an email which is confusing since I gave them my CC details and all.)

  • VanessaT72 on 13/11/2008 - 12:03

    Because I'VE PAID for it you silly old moose.

    You know what paying by internet transfer means?

    It means I've paid for it and the money's no longer in my bank.

    So I shouldn't be a bit cheesed off?

    You're off your rocker man.

    And some of us didn't know from the beginning - what are you? Psychic hotline?

  • VanessaT72 on 13/11/2008 - 12:04

    Stingy?

    I'd rather be stingy than a dickhead btw.

    • randoom on 13/11/2008 - 12:10

      Exactly right.

      Why should we pay $800+ when we don't have to?

  • djsflynn on 13/11/2008 - 12:15

    I'm a journalist looking to do a write-up on this. If anyone has been able to get Dell to agree to supply them with the system at this price, could they drop me a line ASAP? Email is [email protected].

  • WhiteEvo6 on 13/11/2008 - 12:15

    some knew some didn't the law protects both Dell and the consumer in this country. In this case Dell has done the stupid thing of not emailing buyers within 24 hours like previous screwups in this case they left it 2 days then told customers oops how about you buy it as this discounted price especially for you. What they have done is mislead buyers by offering one price getting our bank and credit details then telling us the price is higher. As far as I am concerned it's not a mistake it's a very cheaky way of selling machines by offering a cheap deal for 8 hours then saying oops and offering a lessor deal to still get the sale. Sorry that doesn't sit well with me.

  • Noslee on 13/11/2008 - 13:10

    Agreed with people who stick out for the fight, I mean OW has no problem fullfiling their mistakes like this HP laptop http://www.ozbargain.com.au/node/5803, sold at below half price. Everyone who bought one got theirs delivered. No question asked, No baiting, and No pushy sales calls.

  • [Deactivated] on 13/11/2008 - 13:30

    I'm still waiting for a call and am gonna record the call (well pretend to anyway) if I ever get it….

  • randoom on 13/11/2008 - 13:46

    Looks like they just tried to call my mobile. It's either that or I just hung up on my family…

  • Foma2 on 13/11/2008 - 14:02

    "It is stated that a contract does not come into effect until Dell charges and accepts your order.
    Until that time the order is not confirmed and can be cancelled at any time if Dell sees fit."

    I am just wondering if I am buying something online can I attach a comment saying "contract does not come into effect until I accept the order/purchase." Then I'll give myself three days to think about what I've done and if I am not happy for any reason I would just cancel my purchase. It would be customers' paradise. Definitely no business could be run effectively under such conditions. But it should work the other way as well. They advertised their selling price, they are suppose to sell it at the advertised price. If it was "a technical issue" it was supposed to be fixed within the first 10…15 minutes but the offer was available for 6 hours.

    I got a call and I said I would not cancel my order and I expect a computer to be delivered within a few weeks. They cannot have any terms and conditions that contradict my sttae legislation. They'll talk to someone from the higher management and call me back tomorrow. I am not going to give up.

    PS once again, Dell is not going to lose any money. if someone could find the prime cost figures on the computer you would see it is not above $400 mark.

    • walugi on 13/11/2008 - 14:19

      keep up the good fight guys!

  • walugi on 13/11/2008 - 14:16

    Neosin can you piss off? No one cares that you don't think it's going to work. Dell wishes everyone was like you and would just give up.

    I got the call a few days ago and refused to accept it. They said that a supervisor would call me back but I refused that too. Talking on the phone is useless with this kind of company. I've asked for an email from a supervisor :)

    Still haven't gotten back to me. I hope they're shitting their pants, give up, and then just send me my computer.

    My reasoning is that Dell already:

    1. Got my cc details and personal information
    2. Wasted my time with this
    3. Tried to sell another computer to me, which turned this from an 'innoncent mistake' to 'bait and switch'

    Even if I spend 3 hours tangling with them, that's still the equivalent of saving $100/hr. Well worth it :)

  • Reion on 13/11/2008 - 14:41

    Finally got my call…same result as everyone else, told them to get stuffed in the nicest possible way and shall receive a call from their supervisor later.

  • spot2001 on 13/11/2008 - 15:18

    Just got my call as well, after 3 days. I decline their offer to purchase at $799 with 5% discount and ask their supervisor to call me back.
    In these 3 days, I have not received a single e-mail from Dell said there is a "technical" issue on their end, the only communication is simply this phone call I've received just now.

    I'm wondering why they don't simply e-mail us and let us know there was a mistake, but have to contact us one by one via phone? Maybe if they e-mail us, there is evidence of them admitting to a mistake? Therefore they can be holded accounted for?

    Now I'll just have to wait and for the supervisor to call me back and see what happens.

    • RandomNinja on 13/11/2008 - 15:34

      I was thinking the same thing… why call when an email would suffice and would in fact be more efficient?

      Sounds like they don't want documentation on this out in the public, implying that there may be some kind of legal situation they want to avoid.

      If they did send a written cancellation, would that imply that there was a legitimate order and therefore a contract? Interesting…

      • [Deactivated] on 13/11/2008 - 17:18

        I've been avoiding answering blocked number (as I am 99% sure these are Dell). They usually call 4 or 5 times in a row and never leave a message. Two days in a row now. I've sent them an email acting all dumb, like "where's my order dudes". I don't know what I want to accomplish out of not answering the phone, I just don't want to hear their crap lol Least they can't cancel my order. They'll HAVE to email me.

  • Foma2 on 13/11/2008 - 15:34

    I got a call from their supervisor. They were referring to so called "technical error".
    I asked them to provide me with details of that "technical error" - how it was made, how it got through the Quality Department, etc. I nstead they promised to improve their processes.
    Whatever. I refused to cancel the purchase and asked them to send me an email cause I need something in writing to work with Office of Consumer Affairs.
    Can anyone check what our legislation says about so called "technical errors". I doubt that it is legitimate as otherwise ANY contract can be cancelled/withdraw - just say whoops it is a typist/data entry person who to be blamed.
    PS and by the way - they tried offering me 10% discount.

    • [Deactivated] on 13/11/2008 - 17:22

      Seems they're offering these for about $700ish by now (with the discount). Is it really that hard to knock of $300 more? It doesn't sound like much, I'm sure they're still making money here.

  • VanessaT72 on 13/11/2008 - 15:51

    I rang and told them they can hold onto the CASH that I paid them and i'll be on the phone to the ACCC right away and make sure you have the right mailing address for my new-beaut computer and the cow hung up on me.

  • alo1234 on 13/11/2008 - 16:00

    That poor guy who put that price up must have been sacked by now :(

  • Stickout on 13/11/2008 - 16:26

    Keep up the fight mate, i am not a lawyer but studied some contract laws before, i strongly believe that Dell HAS entered into a binding contract: there was the offer and there was the acceptance, all evidenced in our acknowledge email, they have no where to go, hence the sheepish phone calls to us. i say to those who felt forced to cancel the order over that phone call, regret NOT!, because they can NOT use it as evidence against you, they can not record the phone call without your consent.
    fight on mate, lovin it!.

  • Stickout on 13/11/2008 - 16:28

    keep this thread alive and spread the word to as many as Dell customers (present and future), and let them be the judge.

  • [Deactivated] on 13/11/2008 - 17:16

    Just got the call, told them that 'bait and switch' was illegal. Supervisor to call back……

  • randoom on 13/11/2008 - 17:29

    Not sure about other states, but those from QLD can quote the Fair Trading Act 1989: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FairTra…

    Specifically: Section 40 (page 32), item (g), and the entirety of Section 46 (page 35) about Bait Advertising, if they've offered you the system at a higher price.

    Still waiting for a call, but there's no way they can get around that. It's just a matter of making them comply (and stop sucking…).

  • Ben V Dell on 13/11/2008 - 17:53

    I just so happened to have my LEGL101 exam today, and had a question very similar to this.
    I would like to make a few quick points.

    1) "Mistake".
    If there has been a mistake made here. It appears to best fit within a "common mistake" category.
    However, Dell can not hide behind this clause to escape liability for the consequences of their recklessness
    (Refer to McRae v. Commonwealth Disposals Commission (1951) 84 CLR 377)

    2) State and Commonwealth laws.
    I am sure this is contradictory to, at the very least local state laws, but more likely Commonwealth law.
    This was not in my exam, and thus I have no detail at hand for the moment. If I get the time tonight, I might have a quick look over rulings from ACCC, OFT etc etc.
    Either way, having a catch all statement like that in their fine print is NOT a get out of jail card. Rather it is commonly used by entities to scare off the masses. (There are lots of examples of this. If average Joe thinks they have no chance, they usually won't question it… I'm no Joe, so bring it on Dell!)

    3) OK.. Now I am putting on my tin foil hat for a second.
    Again, researching this incident, Dell appear to make these 'mistakes' every few months. And every few months they try to 'upsell' the computer systems to those who purchased the initial deal. The conspiracist in me is thinking that these mistakes fall neatly into a bait and switch advertising campaign.

    It would be pretty hard to prove this sort of thing in itself. Even optimisticly, I recognise that there is little chance this could ever be proven. But it would add some weight to the above arguments?

    —

    I have had my first call from Dell yesterday. I informed the salesperson (And thats who it was, trying to upsell the same system I had purchased for double the price!) of my views on the matter in a factual and calm manner. I was promised a call back from a supervisor, which of course never occured.

    Goodluck everyone

    —

    Ben

  • VanessaT72 on 13/11/2008 - 18:01

    Thanks for the advice Ben and I hope you aced your exam:)

    I still haven't actually received a phone call and I was one of the first to order.

    I've called them a ton of times - I can barely understand them - not just their accents but my phone is on it's last legs.

    One guy, Rene I think his name was said they have to honour it at least with something pretty much the same (if these are all sold out).

    Lynn is the queen snake who hung up on me.

    where's my money if I haven't actually paid for it??

  • Buzz on 13/11/2008 - 18:23

    I saw a member on Buckscoop ordered one around 5a.m and they also are still fighting it out with Dell.
    Smells very much like Bait Advertising, once again they try and sell the ERROR product to us.

  • walugi on 13/11/2008 - 18:44

    When I asked for the guy who called me to send me an email and he said that he didn't have to authority to do that.

    I think Dell must definitely have a reason for not wanting to have any written evidence about the matter.

  • WhiteEvo6 on 13/11/2008 - 20:48

    The supervisor rang me back today and I was offered the 10%, said no way. I said I can understand an apology within 24 hours, i said but 52 hours is a joke. I suggested surely you guys must have a word template for these screws since you do them every 6 weeks. How hard is it to have a "Dear customers we did it again, please forgive our stupidity"

    Anyway I asked why it took 52 hours before people started to hear from Dell and she said it was so they could gather information etc. I asked her to explain to me why it takes 24 hours normally however in this case it took 2 days plus. Surprise…she couldn't, I told her in my opinion the mistake wasn't a mistake it was done on purpose to attract buyers, get credit card information and deposits quickly and then offer a 10% reduction as an apology to obtain quick sales, where I work we call that fraud. She explained that this wasn't the case, I suggested to her that fair trading and ACCC etc might not agree with her and could she please keep my order open and I will contact them and see what they think. She informed me my order was being passed to the legal section of Dell.

  • gooey on 13/11/2008 - 20:48

    I only got the first call 6pm tonight and asked to speak to a supervisor-whic I'm informed will call me within 24 hours, has anyone so far had a call from a supervisor and got them to agree to supplying or progress any further? or just a brick wall?

  • VanessaT72 on 13/11/2008 - 21:43

    The supervisors are remaining tight-lipped - no calls here either.

    What are their operating hours? Does anyone know?

    I rang at about 5 and asked if I could upgrade my order to a 21" screen:)

    Well, I haven't heard that it's cancelled yet?

  • Stickout on 13/11/2008 - 22:14

    +1 for Ben V Dell, the catch all phrase does not have legs in front of the law. i feel sick about Dell's behavor now: Big wig (samll brain) dept of a multi-national firm keen to take on street Joe. this is intimidation.

  • Blinda on 13/11/2008 - 22:16

    Has anyone contacted ACCC yet
    I rekon we should bring this matter up

  • Stickout on 13/11/2008 - 22:26

    there is no reason for us to believe that Dell made a genuine mistake simply because the price is way too low, remember the $2 jetStar fare on it's 2nd birthday?

  • lxstr on 13/11/2008 - 22:27

    Maybe if there are enough of us, we could launch a class action.
    We need a lawyer and a list of all who have ordered.

  • johnnyonelove on 13/11/2008 - 22:51

    my take: it was a mistake… dell spent much time deliberating on how to act.. perhaps someone who could decide was absent.. whatever.. it sucks that they took so long to decide, and i still don't see why we havent' seen a single email from them since the acknowledgement mail (though i was told on the phone that they would send one). and they should have offered a real discount for our inconvenience (20% or such). they are wankers, but it was a mistake.

    anyhow, i really can't see how this would be a good 'tactic' by dell to increase sales… lets piss off many potential customers, then offer them an item at twice the price they were expecting it. yes, i imagine they would have sold a heap…

    why try to take advantage of a company's mistake? move on kids.

    • qiang on 14/11/2008 - 00:07

      whole heartedly agreed……

    • walugi on 14/11/2008 - 01:17

      if it truly was a mistake why did they personally call everyone and try to up sell them?

    • lucky47 on 14/11/2008 - 01:54

      Totally agree with you johnforeplay

      I think they made an mistake, like we all do, everyday.

      Dell probably could have handled it better in p/r terms but at the end of the day -

      It looks like no one is going to get one,
      As my gran would say…build a bridge and try and get over it.

  • sugasw33t on 14/11/2008 - 01:19

    there may be a legally binding contract between the people who ordered and got an acknowledgement.

    dell advertised this system, and this is an invitation for consumers to buy. because consumers acted on the invitation, and provided sufficient consideration by means of providing credit card details in expectation of it being charged.

    under tpa section 52, this invitaton is also misleading conduct by dell. it doesn't matter if dell did this intentionally or not. as long as it's likely to mislead, then it's misleading conduct

  • VanessaT72 on 14/11/2008 - 07:46

    Why should I move on JohnForeskin when they have my money? I paid the pricks and they STILL have my money and not one phone call from them either.

    • ESEMCE on 14/11/2008 - 08:51

      For people who paid by Direct Deposit, I think Dell is screwed..
      Money has exchanged hands and therefore a contract has been agreed.. That is the law!! Pretty much the only case there is an exception is for houses in the "cooling off" period.

      For people who "paid" by Credit Card, Dell could get away with the "mistake", but trying to upsell insrtantly makes them bait advertisers.. they've advertised an item at a lower price, then said it's not available and tried to sell "a different item" at a higher price.. in this case, they haven't even tried to sell a different item.. and thus it's even worse than traditional bait and switch tactics!! They're trying to sell the SAME item at a higher price!!

      Dell are screwed both ways as a result.
      I know the law and I'm not some high flying, overpaid Dell executive!! Never worked in retail, just know what's right..
      Purveyors of bait and switch deserve to be screwed over this hard!!

      • [Deactivated] on 14/11/2008 - 09:01

        "For people who paid by Direct Deposit, I think Dell is screwed.. Money has exchanged hands and therefore a contract has been agreed.. That is the law!! Pretty much the only case there is an exception is for houses in the “cooling off” period."

        Dell have repeatedly said "if you can provide an order number for an offer that has been approved, then we will approve your order". So if they're going to let one person through the flood gates, they're going to have let us all through.

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