Seeking Compensation from Dell for Laptop Purchase

Atazoth616 on 23/06/2018 - 12:40
Last edited 23/11/2018 - 09:47 by 1 other user

Recently, I purchased an Alienware 13 R3 from Dell with a promised delivery date of the 01/07/2018.

They have now change this date to the 22/07/2018.

At the same time Computer Alliance was offering the MSI GS65 (1070) for a similar price on eBay (15% deal).

If I had known that dell would of taken such a time to deliver the laptop I would of purchased the MSI GS65.

Under the Australian consumer rights law do I have a right to claim a refund from dell including compensation for any loss occurred from a difference in prices for the MSI GS65?

The reason that I am asking is because I have no experience in this area of the law and would appreciate it if someone could help.

Thanks for looking.

Computing Alienware Computer Laptop Law

Comments

  • Amaris on 23/06/2018 - 12:51
    +9

    Have you tried contacting Dell and asking them to cancel citing the delayed delivery? They are usually pretty flexible.

      • Kenb0 on 23/06/2018 - 13:18
        +39

        Simple answer to your question: No.

        • Xyzzy on 23/06/2018 - 14:06
          +80

          @Atazoth616: No, uh-uh, nix, nixie, nope, nay, nah, no way, no way José, negative, out of the question, no siree, for foul nor fair, not on your life, not on your tintype, not for all the tea in China, not in a million years, under no circumstances, not for Joe, thumbs down, pigs might fly, not a cat in hell’s chance, fat chance, no fear, go fish.

        • XanderYuan on 23/06/2018 - 15:00

          @Atazoth616: (4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure. s267 ACL, it’s seems funny to me that you are trying to recover losses out of nothing. You can get a refund for the breach of s62, reasonable time to deliver (perform the delivery service). As it can’t be compensated then dealt as a major failure.

        • bobbified on 23/06/2018 - 20:00
          +3

          That's not just the simple answer. It is the ONLY answer.

      • Randxyz123 on 23/06/2018 - 16:16
        +2

        Dell is required to refund my purchase under consumer law if the delivery is unreasonable.

        It isn't that unreasonable though and they told you about the delay.

        Their T&Cs would probably cover what the lead times are. 1 week you'll find would be subject to stock.

      • moonphase on 25/06/2018 - 14:29
        +1

        Dell is not selling MSI GS65, where it may have same / similar spec, it is two different products.

        You may ask for the compensation if DELL reduced the price by a day mark and even then, you may even get the buyer's protection via your credit card but if you ask for something that the seller doesn't deal with, there's nothing much you would get.

        If the delivery is not done at the agreed time, you could just simply cancel your order being late and go order that MSI GS65. I do not see any loss in here.

      • CocaKoala on 25/06/2018 - 16:57
        +1

        Being reimbursed because the GS65 was $xxxx and is now $xxxx is the problem.

        It seems like you don't really want the MSI GS65, because otherwise you'd have cancelled the order with Dell and order the MSI. It rather seems to me like you want Dell to give you money because someone is having a sale somewhere. This is the textbook definition of what is "unreasonable".

        Your options are to either cancel the order with Dell and order the MSI, or move on.

  • smuggler on 23/06/2018 - 13:13

    This is a common event with computer manufacturers. Just wait for the laptop.

    I got a refund from Lenovo because they kept changing the delivery date but now i regret it, because it would've been a great purchase.

    • fluffymurderball on 25/06/2018 - 16:36

      Hope that wasn't for an X1 Carbon … I waited over a month for it, and I'm glad I did. Best laptop I've ever had.

  • try2bhelpful on 23/06/2018 - 13:17
    +1

    YOu could ask but I don't think the delivery date is that far out that this would be considered as "unreasonable". This sort of thing happens all the time when people order online, which is why I prefer to pick things up from a bricks and mortar store.

    • Atazoth616 on 23/06/2018 - 13:31
      -6

      Unfortunately, the law is a bit vague on what is a reasonable and what is a unreasonable timeframe.

      Nevertheless, I respectfully disagree that a 4 week delivery date is reasonable when a 1 week delivery date was expected.

      • [Deactivated] on 23/06/2018 - 16:16
        +18

        It is also unreasonable for them to compensate you because someone else is having a sale….

        • Atazoth616 on 23/06/2018 - 18:13
          -3

          Absolutely.

          That stated it is not a crime to have a better understanding of the consumer law before asking for a refund.

        • HeWhoKnows on 24/06/2018 - 12:57

          Exactly the point.
          This too happens all the time,
          OP just needs to accept this is everyday life and move on

      • unspoonsored on 16/07/2018 - 15:29

        Customers take too much shit. I agree there should be compensation so that the business changes its practices.

    • idonotknowwhy on 25/06/2018 - 14:22
      +1

      which is why I prefer to pick things up from a bricks and mortar store.

      Nice try Jerry!

  • No Username on 23/06/2018 - 13:37

    Was it a custom build?

    • Atazoth616 on 23/06/2018 - 13:43
      -2

      It was a standard Alienware 13 R3 model with no extras selected.

      I would expect that they at least keep some of the standard models in stock.

      • No Username on 23/06/2018 - 14:05
        +1

        The date you received. Was it an estimation from the tracking site or was it a promised date given out by one of the reps?

        • Atazoth616 on 23/06/2018 - 14:27
          -1

          The laptop having an estimated date was a main reason I suspect that a compensation was not due.

          Dam it!

          Plan B: Cancel order. Purchase Laptop + Computer.

      • HeWhoKnows on 24/06/2018 - 12:58

        They probably did but ran out.
        Stock has a very fluid nature
        Here today gone tomorrow
        Especially if its a great deal

  • Findo on 23/06/2018 - 14:57
    +22

    You’re funny, have you considered a career as a comedian?

    • Atazoth616 on 23/06/2018 - 16:46
      -3

      Consumers have a right to compensation if a problem exists with a product.

      This not only includes recovering costs resulting from financial losses but other costs including lost time and productivity.

      However, consumers do not have a right to claim losses that are not caused by a manufacturers conduct or their products.

      I was unsure if this included a loss from a price change caused by a delivery delay.

      Regardless, consumers are entitled to a refund if a product fails to be delivered in reasonable time or asymmetrical existed which would of prevented the buyer from purchasing the good.

      Both of these conditions apply to this situation.

      Read:

      https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      So before commenting understand that consumer laws are there to protect a consumer from a purchasing mistake due to asymmetrical information.

      Because Dell knew they were out of stock and failed to properly inform the market a loss was occurred.

      I simply asked if a loss that resulted from a manufactures negligence is covered under Australian consumer law.

      Is that so wrong?

      • FIVEDOLLAR on 23/06/2018 - 17:03
        +1

        Then you need to provide proof of your loss of productivity and time.
        Dell did not change their price.
        This would be a different story to CA.

        • Atazoth616 on 23/06/2018 - 18:36
          -3

          The reason for asking is that for the time it took Dell to announce they were delaying the order due to being out of stock the MSI GS65 sold out on eBay.

          If Dell had announced this information before the MSI GS65 sold out I would of cancelled the order and placed one with CA.

          I also consider Dell being out of stock a reasonable foreseeable circumstance as they probably use a perpetual inventory system.

        • munecito on 24/06/2018 - 09:46
          +3

          @Atazoth616:

          Would have cancelled the order.

          None of this would of business.

      • HeWhoKnows on 24/06/2018 - 13:05
        +3

        I think you have overcomplicated matters and made some bad calls on this one.

        1. Item ran out because demand exceeded supplies and incoming stock is not keeping up with demand.

        2. OP has not incurred any loss whatsover. The price he paid was definitely good at the time of order. Thats all that counts here.

        3. Wait long enough and all technology reduces in price. This does not give any justification for prior buyers to make any claim.

        4. OP really wants to buy an item from another supplier at a lower price and is just looking for excuses to cancel his order.

        5. There is no negligence here. THE END

    • ChatCPT on 25/06/2018 - 09:22

      @niggard
      your comment made me laugh. OP could actually be a comedian or at least supply the material for stand up. I can totally see a comic saying a story like this in their routine and getting a laugh.

  • Amaris on 23/06/2018 - 15:30

    I'm not sure if I've interpreted the timeline correctly;

    1. If CA was selling the same model for a similar price at the time you made the purchase why did you buy from Dell knowing you'd have to wait at least till 1/7 whereas CA would have been able to deliver in a few days?

    2. If the CA offer was at the same time as the change of delivery date, why didn't you cancel at the time and buy from CA?

    • Atazoth616 on 23/06/2018 - 16:54

      1. These are two different laptops.

      2. The change of delivery occurred after CA ran out of the GS65.

      • Amaris on 23/06/2018 - 17:26
        +3

        So you want Dell to pay you the price difference of an MSI computer you THOUGHT of buying! Rebel Wilson tried a similar stunt and failed!

        • burningrage on 23/06/2018 - 18:16
          +2

          To be fair, Rebel Wilson's case was not ostensible loss but actual loss as the result of being defamed.

          However, the court overturned that earlier findings and now it will certainly go to High Court. Clearly her career was affected by the defamation.

        • try2bhelpful on 23/06/2018 - 18:21
          +3

          @burningrage: My understanding was the defamation case was upheld just the amount of compensation was reduced.

        • Atazoth616 on 23/06/2018 - 18:52

          Honestly, never believed I was owed compensation.

          As if it was true a major loophole exists in law in which people can profit off of the misery and misfortune of others.

          No government would ever pass or create a law that would this possible.

        • Amaris on 24/06/2018 - 09:30
          +2

          @burningrage: I think in her case they did find that she was defamed. The Court reduced the compensation as it could not see that she was definitely going to get those roles.

    • CocaKoala on 25/06/2018 - 16:59

      You should have then ordered the MSI and cancelled the Dell order when the MSI was on stock.

  • Randxyz123 on 23/06/2018 - 16:15

    Under the Australian consumer rights law do I have a right to claim a refund from Dell including compensation for any loss occurred from a difference in prices for the MSI GS65?

    No. ACL doesn't cover price differences. A number of credit cards do however cover this.

    You could call DELL and explain that you need the laptop before a certain date and if they can't do that ask if you can cancel without penalty.

  • ipiok on 23/06/2018 - 16:19
    +1

    lol, can I call australia post and get compensation if my letter is a day late?

    • Atazoth616 on 23/06/2018 - 16:58

      https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      "be delivered within a reasonable time".

      I would hardly call a day unreasonable.

      That stated if your parcel was stated to be delivered in 1 week and it took 4 weeks to be delivered that might be unreasonable.

    • Mitch889 on 24/06/2018 - 22:35
      +2

      Depending on the postage selected, yes. I sent some documents express post and they took almost a week to arrive.

      After three days I assumed it was lost and rang Aus Post to find out what was going on. They were totally unhelpful in tracking them down, but did send me a cheque for the postage without me asking for it.

  • FIVEDOLLAR on 23/06/2018 - 16:24

    You can claim for damages if Dell cause the loss.
    You paid for the goods, unless the delay caused a loss and If Dell knowingly knew that this will cause you a loss of any, then you are entitled to compensation.

    Or else Auspost would've been giving me money everyday.

    • Atazoth616 on 23/06/2018 - 17:23
      -2

      I contacted Dell before purchasing the Alienware 13.

      During the conversation I mentioned that I was intrested in the GS65 as it was on special.

      I also mentioned that I was worried about the delivery speed of the Alienware 13.

      They told me that they will prioritise the delivery process.

      At no point during the conversation did they mention being out stock of the Alienware 13.

      Basically, I feel like they left this information out intentionally and if so I would rather not deal with them.

      • HeWhoKnows on 24/06/2018 - 13:10
        +1

        Cannot be proven and you may have misinterpreted what tyey said. Happens all the time. At the end of the day you placed the order knowing there was a delay in deliver

      • rave75 on 25/06/2018 - 14:14

        do you know you can bargain on dell chat and if you happen to have an active student email, you can get 10% off.

      • moonphase on 25/06/2018 - 14:36
        +1

        If you have chat log, go bug with the DELL's sales rep…… no point asking here as there won't be any compensation for the price diff with "GS65".

        If this was the purchase for your business and impacted by, then with prove, you may get compensated.

        Did they told you how long their "prioritized" delivery process would take?

  • seedyrom on 23/06/2018 - 16:41

    Pfffft, you’ll get no poontang in the library when you pull out a laptop emblazoned with the letters MSI.

    Alienware gets the b!tches wet.

  • Emerald Owl on 23/06/2018 - 17:04

    No lol. You are not entitled to a change of mind refund. You agreed to pay that price. Their delivery date is probably an estimation, not a promise. As for compensation - stop trying to get some free money and put the time into something productive.

      • NuclearWessels on 23/06/2018 - 18:19
        +4

        I'm sure Dell will be happy to cancel your order and refund you because of the delay. Asking for anything more from them is just obscene.

        • Atazoth616 on 23/06/2018 - 18:38
          -4

          Never said asking for compensation was anything but obscene. However, I was unsure about the consumer law and had to ask.

        • HeWhoKnows on 24/06/2018 - 13:12

          A 15% restocking fee applies for change of mind.

  • spackbace on 23/06/2018 - 20:23
    -1

    Comparing Apple and Orange and wanting the cost difference back to you? You thought you were entitled to any price difference between 2 different brands?

    Mercedes Benz was delayed but the Toyota would be sufficient, I'd like to be compensated the price difference please

    • Atazoth616 on 23/06/2018 - 21:07
      -6

      "You thought you were entitled to any price difference between 2 different brands?"

      The comment posted is a Strawman.

      As the original question posed was not if the difference between two goods was refundable.

      Instead simply if the loss resulting from a lack of asymmetrical information is refundable.

      For example in your comment the following conditions need to happen:

      The Toyota needs to be on sale.

      The Mercedes Benz purchased needs to have a expected delivery date of 1 week.

      Than the sale of Toyota needs to end.

      After the sale had ended for Toyota,
      Mercedes Benz moved the delivery date from 1 week to 4 weeks because they were out of stock.

      That is the situation.

      • Atazoth616 on 23/06/2018 - 21:11

        For people asking if the delivery for Australia post is refundable the answer is most definitely yes:

        https://auspost.com.au/sending/send-within-australia/express…

        • Atazoth616 on 23/06/2018 - 21:11

          But only if you are guaranteed a delivery date.

      • spackbace on 23/06/2018 - 21:56
        +1

        The Toyota needs to be on sale.

        The Mercedes Benz purchased needs to have a expected delivery date of 1 week.

        Than the sale of Toyota needs to end.

        After the sale had ended for Toyota, 
        Mercedes Benz moved the delivery date from 1 week to 4 weeks because they were out of stock.

        1 still has no relation to the 2nd! How do you possibly think it is?! The Dell and MSI are 2 totally different laptops and you can't possibly draw a line between the 2.

        The ACCC is not here to help you get a cheaper laptop by giving you the Dell at the MSI price, regardless of what story you wanna spin.

        • Speckled Jim on 24/06/2018 - 09:59

          OP has requirements that can be met by both MSI and Dell. They're both laptops — comparable goods in the eyes of our consumer protection agencies.

          Being misled about delivery of Dell and missing the other opportunity sucks.

          They'd need to prove a bunch of things, including the availability of the MSI for delivery by the required time, and something in writing of the July 1…(estimate? Spit-balling?) from Dell.

        • spackbace on 24/06/2018 - 13:41

          @Speckled Jim:

          They're both laptops

          And my example were both cars… Still doesn't equal the same thing.

        • Speckled Jim on 24/06/2018 - 14:11

          doesn't equal the same thing

          Be as tricky with semantics as you like. Here's what I wrote two comments up:

          comparable goods

          Now, did I say they were equal? No.

          To the relevant agency, they would be viewed as equal because they're not comparing the mega-pixies or giga-pegs. They have no concept of which laptop is the Merc and which the Toyota. I don't, but suspect the Dell is considered more upmarket.

          From a consumer rights perspective, it doesn't matter which is measurably "better". They were both offered for sale with the expectation they could perform the functions required by the consumer. If the consumer considers them equal for their needs, any external scrutiny is irrelevant.

          It comes down to "promised" (OP's word) delivery date of the Dell, which they could not meet. In tying up their money they were denied the opportunity of the alternative. It's really that simple.

    • HeWhoKnows on 24/06/2018 - 13:13

      Exactly
      OP is being totally unreasonable
      Its simply a change of mind

  • seedyrom on 23/06/2018 - 20:39
    +2

    We haven’t even hit the initial delivery date yet. LOL.

  • whooah1979 on 24/06/2018 - 09:42
    +1

    Op, what is your quantifiable loss for this transaction?

    • HeWhoKnows on 24/06/2018 - 13:13

      Ahhh. Hmmm. let me work this one out.
      I give up. The amount is too small to calculate

  • Micko179 on 24/06/2018 - 10:11

    Good luck getting accc or your local department(consumer affairs) to enforce the laws, I recently got shafted by Grays advertising 18yo Chivas 700ml for $62 & received 500ml bottles instead! All I wanted was what I paid for. Short story, Consumer affairs/OFT got me an 'offer' of a refund(me paying return shipping).

  • kev88au on 24/06/2018 - 12:28
    +3

    It’s not often that I will post about work from a personal account, though I work as part of the team inside Dell Australia who deals with ACL concerns, legal threats and systematic concerns.

    When I saw the words “compensation” and “dell” on the daily email it struck a close to home nerve.

    I can share with 100% confidence that any discussions held with Dell phrased in this way will result in a stop ship and full refund - though if that’s what you want just ask for it. You won’t need to demand or escalate.

    However the online order tracking is very generic and subject to variables. If you contact Dell they will be able to check the specific tracking and potentially expedite the shipment.

  • HeWhoKnows on 24/06/2018 - 12:50
    +4

    Yet another dreamer
    Claiming compensation for absoutely no loss whatsover.
    Cant believe how many people here are so unreasonable.

    And Dell is fully entitled to postpone thier order.
    This happens all the time….Everywhere

    Id love to see somebody put a claim on OP for a loss they never incurred.
    What would OP's post be then I wonder.

    "Buyer claiming loss on goods which I never supplied"

    But anyway as others have suggested - contact Dell to cancel the order due to delay
    Depends on their conditions of sale though so dont hold your breath.
    The order is still coming within the same month so hardly any justification to cancel order

  • HeWhoKnows on 24/06/2018 - 13:22
    +1

    It always helps in such situations to view things from the suppliers side.
    Puts a different perspective on things althogther.

    This applies to all Ozbargain posts.
    We always get the OP view but never consider what the other party's view or argument could be.

    Hence there is always a very heavy bias in these postings.

  • HeWhoKnows on 24/06/2018 - 13:24

    What appears unreasonable to a buyer could be totally reasonable to the seller.

    We live in an age where everything is imported.

    Hence expecting and accepting delays in everyday life is the way we must live now.

    But even if the item is made in Australia, if there is a demand surge you would also be expected to wait.

    Just remember if you must wait for an item to be made and delivered then you are getting the latest and greatest stock and technology.

    Anything straight off the shelf can be several months old already before you buy it.

    So seeing supply delays this way puts a different perspective on things.

    And in OPs case the Dell product is obviously the latest and the greatest where as the other item being available ex-stock could be old technology already.

    OP fails to consider this very valid point.

  • Speckled Jim on 24/06/2018 - 13:31

    !
    OP, some troll listed one of these MSI GS65 on eBay for $150 using the PULL5 coupon.

    eBay: the eternal (dumpster fire) flame.

  • 2024 on 24/06/2018 - 13:50

    Did you order the oled version of the 13r3? If so just wait…. it’s worth it :)

    I got one around Xmas fully spec’d out. It’s magnificent. Nothing comes close.

    Just don’t drop it - it may very well break whatever it lands on haha

  • Kranbone on 24/06/2018 - 14:39

    If you had bought this laptop and a price for the same/similar notebook had gone up, would you have paid DELL the difference?

  • billy77 on 24/06/2018 - 20:03

    No

  • sillyguy on 24/06/2018 - 20:44

    ROFLMAO

    Just take them to court. Good luck.

  • Speckled Jim on 24/06/2018 - 21:47
    -7

    I love how you clowns berate, belittle and outright ream any poor bugger with a grievance without actually comprehending the problem or the question.

    do I have a right to claim a refund from dell

    (for the laptop he ordered with deceptive/mistaken delivery time)

    Yes you do.

    including compensation for any loss occurred from a difference in prices for the MSI GS65?

    Not the difference between the Dell and MSI, but if they buy the MSI from eBay at the current price, will Dell cover the 15% discount they could have got had Dell not stuffed them around.
    I don't know, consult the relevant agency. Seems reasonable to me. Include docs/screen caps from Dell to support your claim.

    OzB lynch squad: LEARN TO F__CKING READ.

  • stainedteatowel on 24/06/2018 - 22:09

    This happens all the time with lots of products ordered online, at times there are stock discrepancies and other issues that can occur. While unfortunate, it does not mean they need to give you compensation.

    I'm sure they'd be happy to cancel this for you and refund what you have paid, no more no less. I'm assuming it has gone on back order.

  • cyrax83 on 25/06/2018 - 00:24

    No you don't, and you are being ridiculous. You paid for the laptop - wait for delivery.

    People these days

  • Typical16-bitEnjoyer on 25/06/2018 - 07:47
    +11

    I want compensation for the time I wasted reading this thread.

  • stridingcloud12 on 25/06/2018 - 12:08

    Sorry to say too bad so sad OP, you had 2 choices Dell and Computer Alliance and you chose Dell so will have to wait out the delivery or cancel your delayed order. Now that you've learnt your lesson for next time just choose Computer Alliance. Saying that perhaps Computer Alliance can run into unforeseeable delivery issues. It's just sometimes life gives you lemons…

  • idonotknowwhy on 25/06/2018 - 14:24

    Remember that time a girl in the US accidetnally bought a Dell laptop with Ubuntu installed instead of Windows, which caused her to drop out of college? Maybe she could demand compensation as well: https://www.youtube.com/watch?v=5Qj8p-PEwbI

  • Baysew on 23/11/2018 - 09:46

    Is there any update or outcome? It would be really interesting to know.

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