This was posted 15 years 5 months 19 days ago, and might be an out-dated deal.

Related
  • expired

Dell Vostro 220ST Desktop with 19" Monitor - $238.64

8210
Dell Vostro 220ST Desktop with 19" Monitor - $238.64Affiliate
Go to Deal
Cashback
LBen V Dell on 14/11/2008 - 16:02 www1.ap.dell.com (4626 clicks)
R221122AU
This post contains affiliate links. OzBargain might earn commissions when you click through and make purchases. Please see this page for more information.

UPDATE: DEAL IS NOW DEAD.
Dell Deal Died at approx 1930hrs (NSW time) 14NOV08 .
It had a public lifespan of approx 3 hours.
Congratulations to those who did get it - Keep an eye on this thread to see if they hold true to their word.

UPDATE2: DELL is trying to avoid the contract.
Read this site: to see why I think Dell are breaching Australian law with this one:
http://www.dodgydeals.com.au/2008/11/why-i-believe-dell-are-…

Read the directions carefully!.
Dell have done it again!!! All new and all cheaper!!!

ORIGINAL DEAL:.
Vostro Slim Tower 220S

  • Intel(R) Pentium(R) Dual-Core Processor E2200.
  • Dell 19" Entry (E198FP) Flat Panel LCD Monitor.
  • 4GB (2X2GB) NECC Dual Channel DDR2 800MHz SDRAM Memory.
  • 160GB SATA 3.0Gb/s Hard Drive with NCQ.
  • 16X DVD + / - RW WITH Dual Layer Write Capabilities.
  • Integrated Intel(R) Graphics Media Accelerator X4500HD.
  • Integrated 5.1 Channel (Audio).
  • 1 Yr Next Business Day Onsite Service.
  • Genuine Windows Vista(R) Home Basic 32 bit SP1 Edition.
  • Microsoft(R) Works 9.0.
  • No Security Trialware.

RECOMMENDED UPGRADES:.

  • Dell 22" Entry (E228WFP) Wide Screen = $136.40.
  • 250GB SATA 3.0Gb/s Hard Drive with NCQ = $30.80.
    (TOTAL PRICE WITH RECOMMENDED UPGRADES = $397.19.)

DIRECTIONS:.

  1. Visit this link to go directly to configuration).
  2. Use E-Code: R221122AU (It will appear as $799, look at point #4. below!!).
  3. Customise PC as required.
  4. On the 3rd customise page, YOU MUST UNTICK EVERYTHING. IN "More Accessories" (Except those you want obviously - The Logitec keyboard and mouse is actually quite good value).
  5. Use: HK$7SKXL4F?932. coupon code for an extra 5% discount. (Only valid for up to 3 PCs SEE BELOW for more).
  6. I will supply you with a paypal account for donations. to me :).
  7. Get in quick! This is a "LIMITED TIME DEAL!".

EVEN BETTER!.

Spend Over $1,500 and purchase LESS than 5 PCs and get 10%. OFF!!!
USE HN0?F6KG3KZTM3. instead of previous coupon code!

Don't forget to pay by internet transfer…
And this is no mistake! Marty Filipowski., senior manager of corporate communications for Dell Australia and New Zealand says "and we (have) reviewed the process to prevent future mistakes. http://apcmag.com/Content.aspx?id=3192

So obviously this is no mistake - Its all legit!

Computing Dell Vostro

Related Stores

Dell
Dell

closed Comments

  • kaddude on 19/11/2008 - 15:51

    Just got my call from Dell. FYI I ordered 2 - one EFT, one on Credit Card. Dell told me there had been a mistake and other orders would not progress. I insisted that I wanted the purchases I had made in good faith for the price they had offered. I told them that they had made the offer, I had accepted it, and I had provided consideration [payment] - so this constituted a sales transaction. They offered me a 10% discount on the full price, which I rejected [and said they were doing a "Bait and Switch"], insisting that I just wanted my computers at the price they had offered and I had paid. I quoted the Trade Practices Act Sections 52 and 53, and at that point she said she'd have to get a manager to call me. ETA is 4:30pm today. I'll see. I will ask for them to send something in writing to me.

  • crstna on 19/11/2008 - 16:03

    DELL called me,
    Operator: this offer for $238.60 was a mistake
    me: so it happened twice in a week?
    Operator: yes, and we are offering 10% off $799
    me: so this is bait advertising? you offered this at a low price later switched and offering me a much higher pice? you breached Trade Practices Act
    Op: "silence" if you are not happy…
    me: NO i won't cancel my order, pls get your manager to call me back
    Op: okay, "hang up"

    i will join whoever wants to fight this to the end. i geniunly believe this is the first round of DELL's call, they are trying to get as many people to cancel their orders as possible, so after several rounds of calls they can get away with this as much as possible. So if we stick together, we are bigger and stronger than DELL!!!

  • tatasauce on 19/11/2008 - 16:05

    The calls are coming from Malaysia, their AP sales team is based there. They probably have no idea what Trade Practices Act Sections 52 and 53 is about unless briefed earlier. This probably the first time they've come across the term "bait and switch". So don't be too hard on the Malaysians. =) They are pretty low level in Dell's chain of command. Mostly fresh grads whose job is to meet the sales quota by the end of the month.

    I'm guessing they will escalate the case and someone in Australia would return the call, which is why Winston's name was provided with the Sydney number.

    • kaddude on 19/11/2008 - 16:12

      my caller was an Australian-sounding lady called Deborah. Didn't sound Malaysian.

      • tatasauce on 19/11/2008 - 16:19

        Those that called me were definitely Malaysians. No one else speaks with that accent and the "lah" and "ah" is a big giveaway. =) Maybe they have different teams dealing at different levels.

  • liewehan on 19/11/2008 - 16:14

    Maybe we should bring dell to court, small claim tribunal would be good start.

  • tatasauce on 19/11/2008 - 16:43

    Someone very familiar with the law should step in and tell us what the clear cut approach is. Think it'd be funny if one of the Dell lawyers said "But guys, let's keep our fingers crossed and hope they don't stumble upon blablabla under the Act, we'll have to deliver the goods otherwise!".

  • [Deactivated] on 19/11/2008 - 16:44

    Just got a rather lengthy voice mail regrading my orders. After 52 seconds of waffling on I thought the Dell lady was finally going to stuff up and state that there was an pricing problem, but she didn't, she just asked me to call her back. They seem very insistent on not leaving an email trail or leaving any recorded evidence of this stuff up behind.

  • Click_It on 19/11/2008 - 16:50

    Got the call today as expected. I'm out.

    • [Deactivated] on 19/11/2008 - 16:54

      Why cancel the order when its just as easy to say "no, I won't cancel". At least the latter way if Ben V Dell et al manage to get any traction with the media attention you still have the option of getting your order if Dell have a change of heart. By cancelling, you're giving up any chance.

  • x-factors on 19/11/2008 - 16:51

    I reckon they will get hit with their orders next month

    at least…they can do the right thing by accepting orders for some of them

    • alo1234 on 19/11/2008 - 17:06

      that would be a very bad move if they accept ONLY part of the orders, people who don't get it will be even more annoyed :P

  • kaddude on 19/11/2008 - 17:02

    Just spoke to Winston Robins for 10 mins. We had a lot of to and fro (he started to get more and more annoyed…). He insisted they will not process my 2 orders. He claims to have spoken with Office of Fair Trading and ACCC and that they (Dell) are acting legally. I said they appear to be breaching section 52 and part of section 53 of the Trade Practices Act, he didn't want to debate that. I asked him for something in writing stating what they were planning to do with my orders, as I was not withdrawing them. He said they will email me something tomorrow. I look forward to it.

    • wasabiman on 19/11/2008 - 19:02

      Received a call about an hour ago from a different sales rep who was very polite.

      Had the same conversation you had about their mistake and how they conform to the ACCC (she did say she was reading off a script)and I then mentioned the breach of the Trade Practices Act and told her I refuse to cancel my order and demand a written explanation.

      She then said she will make a note of it in their system and get someone from their Sydney office to get in contact with me tomorrow.

      Will post an update when I get one.

  • [Deactivated] on 19/11/2008 - 17:19

    Still no contact from Dell whatsoever about my order with multiple computers. I think it's rather poor customer service from Dell, particularly since the order is for my business/incorporated company (with "Pty Ltd" clearly after my company name on the order form).

  • Ben V Dell on 19/11/2008 - 17:22

    My Views on this:
    http://www.dodgydeals.com.au/2008/11/group-stats.html

    • It is pretty much split between Card Card and EFT payers
    • The price average is above $300. Considering this would cost Dell Approx $400 – $500, I would estimate loss per PC at approx $200
    • Dell have failed to contact over a third of their customers. This is now 9 days old!

    • The call centre has a fight on their hands as far as trying to get customers to cancel their orders

    • And most importantly. The numbers indicate that this is not people mass ordering systems to re-sell. They are all fairly low numbers, indicating personal use. So the theory that we are all blood sucking bastards, trying to make money out of this are unfounded.

    • kaddude on 19/11/2008 - 17:27

      how many PCs ordered (based on those who have completed your form)?

  • Ben V Dell on 19/11/2008 - 17:33

    Its difficult to tell with the non specific question…
    I'd say somewhere in the range of 150 - 200 PC units total.

    (And lets use that loss of $200 per PC figure… Thats a $30,000 - $40,000 loss they would make if they honoured this deal… I guess thats the price of their dignity =o)

  • Ben V Dell on 19/11/2008 - 17:36

    … And even that is over estimated. I for one (and there are many others) have ordered more than once due to the confusion caused. If the deal is honoured, I'd be willing to cancel an order. Looking at the numbers, I'd say that could reduce their PC units to 100 - 150.
    Making it a $20,000 - $30,000 loss to the company (Based on the information we have at hand right now. Of course there may also be some that have not submitted their details on the form)

    • [Deactivated] on 19/11/2008 - 17:47

      I just did the maths, and Dell does around US$116'628.61 in sales every minute, so I'm pretty sure they could in fact afford this loss :D

    • kaddude on 19/11/2008 - 17:50

      Ben, Dell are saying they are going to email me tomorrow about my orders. Have they emailed you, and if so, what did they say?

      • Ben V Dell on 19/11/2008 - 18:04

        No - I am merely collecting stats at this stage.

        Dell have not made any contact with me (Except for one call regarding my personal order).

  • wjy on 19/11/2008 - 17:38

    Can be Singaporean… did u ask them where they're from?
    Mine sounded like Indian :>

    "tatasauce on 1 hour 17 min ago ¶
    Those that called me were definitely Malaysians. No one else speaks with that accent and the “lah” and “ah” is a big giveaway. =)

    • tatasauce on 19/11/2008 - 17:53

      Dell's sales department is based in Penang. They handle ANZ too, amongst other countries. Unless there has been very recent changes to it I'd say Malaysian. I think I know enough Malaysians and Singaporeans to be able to tell the difference. ;)

      But who knows… could be Singaporean. Basically they are just receiving orders from the management to handle the fiasco caused by their Management department. The Sales department is doing just that. Poor bunch of people, to have to cop it all.

      • wjy on 19/11/2008 - 18:01

        Sounded like you're Malaysian yourself. Haha

        But anyway, I think Dell is using many other sales department instead of just Penang, Malaysia team. As another person had mentioned earlier, the lady is Australian. Having to resort to so many resoureces just to contact the customers. Wouldn't it be better to just honour the deal …. Sigh

  • tonyxu on 19/11/2008 - 18:36

    I haven't got any call so far~

  • suchislife12 on 19/11/2008 - 19:28

    I payed full price and they have confirmed my order and shipped it

    • sugasw33t on 19/11/2008 - 19:48

      oh? so, you're going to be getting all the accessories with it too?

    • great-price on 19/11/2008 - 19:53

      does that mean you get all the accessories?
      EDIT: oops - someone beat me

    • dansor on 19/11/2008 - 20:51

      you are funny, tes2131. first you say that your order was cancelled and seconds after you edit your post saying your order was shipped….link

      • elcheapo on 19/11/2008 - 20:55

        tes2131 is a very questionable user .. he first showed up from nowhere defending some unknown Nintendo flash card dealer then he commented some random sh*t around.

      • randoom on 19/11/2008 - 22:31

        It's magic!

  • WhiteEvo6 on 19/11/2008 - 21:53

    I will be canceling my order tomorrow as I really cannot be bothered with Dell anymore, the way they bait advertise and handle customers is a disgrace. As for getting a little payback on them I had to buy another server for work today and the only two companies we buy from are Dell and HP. So Dell guess who got the $30,000 server order today???

    Hope that makes some of you feel better because it gave me a large smile as I signed it off GRIN, if a few more people that have the power at work or in companies they own don't buy Dell this little "error" as Dell puts it will cost them a fortune. I will no longer recommend them to staff when they come into my office asking whats a good machine to buy for home. I use to recommend them as a cheap alternative to building your own machine if your a novice but the treatment my friends and members of this and other forums have experienced over the last few weeks has left a very sour taste and one that won't go away any time soon.

    Good luck to those that fight it, I will watch in interest.

    • crstna on 20/11/2008 - 10:07

      well done!!

      i have just warned my colleagues by posting on our company's classifieds

      urgently needing a laptop but will look somewhere else

    • [Deactivated] on 20/11/2008 - 14:42

      You've made me smile, thanks!

  • S2 on 19/11/2008 - 22:48

    I'm watching with interest too…Really wished I managed to order one so I can join the fight!

    Good Luck Everyone.

  • baycie on 19/11/2008 - 23:39

    Once you confirm your order with dell can you cancel your order? If you can't cancel then they have to honour your order. That's the basic premise of offer and acceptance. I can't check my order online, so i can't see if i can cancel it or not.

  • scotty on 20/11/2008 - 00:14

    Hi. I am trying to organise related content and put them on the OzBargain wiki. Here's the page:

    I have included all the links to various media coverage + forum discussions. Feel free to edit the page when you see fit.

    • Ben V Dell on 20/11/2008 - 00:20

      I have updated my stats page (which contains a whole heap of media links you are welcome to)

      http://www.dodgydeals.com.au/2008/11/group-stats.html

      Re the stats… Interesting to see the number people that have not had contact by dell approaching 75%!! This is simply not acceptable. Some of these people paid Dell 10 days ago now.

  • Raz on 20/11/2008 - 07:37

    THis is well and truily over Right? Just checking… OMG wish I had seen this and got one

  • rthomson on 20/11/2008 - 08:00

    I just got a customer service satisfaction survey from Dill. :-)

  • Raz on 20/11/2008 - 08:33

    Oops didnt bother to read the post- realise the problems now

  • hojugoose on 20/11/2008 - 09:49

    Dell have yet to contact me about my order, what is my course of action now Ben, wait or contact them?

    • Ben V Dell on 20/11/2008 - 10:10

      Hey - At this stage, I am in no position to be able to recommend a course of action for people.
      I have been saying to others that have asked this question, to do what they would do themselves normally.

      If you would normally call Dell, do so. Otherwise, if you are happy to sit out for who knows how long, then do that!

  • hojugoose on 20/11/2008 - 10:23

    I think i might wait, and see if i can sneak in once its all blown over :D

  • joequimby on 20/11/2008 - 10:30

    Just got my call and they said it was an error and they apologize. I said it wasnt good enough and that I'm not cancelling my order. He asked if I was refusing to cancel the order and said yes, to which he replied that in that case, Dell would most likely have to cancel the order but someone from management would give me a call back tomorrow. Lets see how it goes.

    • kaddude on 20/11/2008 - 10:41

      ask for something in writing from them. all this calling us with with no traceability is unacceptable.

    • Ben V Dell on 20/11/2008 - 10:48

      … I'm not sure there is any 'managers' there.
      Manyof us have been waiting for this fabled call for over a week now.

  • loveyoulooongtime on 20/11/2008 - 10:48

    They just called me but I was busy and missed the call. No voicemail message left which was interesting. I bet a lot of people have intentionally missed the call and they're not bothering leaving messages.

    • pw2002au on 20/11/2008 - 11:39

      Yep - Im one of them ignoring the call from the first deal … still no email either … Seems strange they wouldnt just leave a voicemail stating to ring a generic number ….

      • loveyoulooongtime on 20/11/2008 - 13:17

        Actually, they did leave a message. I didn't see the SMS until later. They asked me to call them back so I'll give it a couple of days to see if there are any developments.

  • BlinkyBill on 20/11/2008 - 11:16

    OK got a call back from a "manager" blah blah blah blah. The gist of it was give me your bank details for a refund. I refused and said put it in writing and they can expect a letter of demand.

    She said she would pass it on to the legal department and it was outside of her control.

    • elcheapo on 20/11/2008 - 11:21

      This is interesting .. they asked your details for 'refund' which implied that they 'have' and 'received' your payment, which then, implied that a transaction is binding ;p

  • holdenmg on 20/11/2008 - 11:53

    Ben,

    I think it would be prudent at this time for someone in New South Wales who has been contacted by Dell to take some positive action rather than just continue to wait.

    As the Contract (if there is a contract) is formed in the State of New South Wales this would necessitate seeing a Solicitor to provide some formal advice and possibly dispatch a (group) letter of demand.

    It may also allow you to indicate one party that Dell can contact to negotiate with and a single party that buyers can refer Dell to contact if they attempt contact.

    I'm not saying people can't negotiate with Dell individually, far from it, but realistically there seem to be some common elements to these purchases.

    If Dell want to put an offer to all it could then be decided by individuals if they want to accept it or pursue other courses of action or opt out.

    • y12345678 on 20/11/2008 - 15:11

      yes, I agree. I'm in NSW and has been contacted by dell. Please let me know it you want to organize any further actions.
      thomas

  • randoom on 20/11/2008 - 12:41

    It seems to me (from the 2 phone calls I just got) that they're very confused over the issue and still won't do jack all about it.

    In actuality, Winston admitted, although it's probably just due to his backflipping and confusion, that there was a switch happening and that they didn't consider it to be illegal. Last time I checked, it is.

    Anyone interested, try either of the two numbers:

    'Kush' - Operational Department - 02 8972 5385
    'Winston Robbins' - Customer Services - 02 8972 5782

    As soon as I asked for written confirmation regarding the issue, he said 'sure, we can provide that', and then after I tried to press for more information, he said 'we'll end the call right there.' click. I'm not done by a long shot; someone's got to hold these companies responsible when they rip us of our consumer rights.

    Also, interesting they said that it was US AS CUSTOMERS that made the offer to Dell. I tried to clarify and said that it wasn't us offering them goods for sale, but he wouldn't discuss it. It's a shame I couldn't record the conversation.

    (Edited by scotty — no name calling, thanks)

    • crumble on 20/11/2008 - 12:45

      It's my understanding that it is indeed us that made the offer, in a legal sense. Mind you I'm a software engineer so …

    • tonyxu on 20/11/2008 - 12:48

      They are right that customers made the offer and they accept the offer…Just read the contract laws and you will understand that point.

  • tonyxu on 20/11/2008 - 12:46

    Now it's interesting, they just called me and say can provide me 10% off on the bundle price of $799 (which means includes all the accessories). I asked them to send me the order include those accessories.

    Anyone same situation as me? Or they ask you either to buy the computer without the accessories for $799, or cancel the order?

    • BlinkyBill on 20/11/2008 - 12:50

      I don't think you'll be getting $799.00 - 10% (plus all pre-configured acc.) I pressed them on this exact question this morning and she was insistent is was $799.00 for just the computer NO ACC.

      • tonyxu on 20/11/2008 - 12:52

        That's why I say it's interesting! They told me I can buy the bundle (which means include all the accessories) for $799 - 10%

        hahaha, Let's wait and see

    • randoom on 20/11/2008 - 12:58

      They put it to me minus accessories. If it were bundled, I'd be tempted to go for it and just resell the bits. Without them though, it's just their way of winning a sale out of the situation.

  • tonyxu on 20/11/2008 - 13:02

    I told them I want to consider about the deal then the customer service say I will put to sale person to deal with it… So I am still waiting for this.

  • zteve on 20/11/2008 - 13:21

    I got a call from them since yesterday but I didn't have the time to talk to them. So they called me again this morning. According to the lady, they are offering me $799 - 10% including all the accessories. However, she was not 100% sure.
    I asked her to send me an email with the quote so that I can reconsider the offer.

    • tonyxu on 20/11/2008 - 13:29

      Ditto!

  • Maxx Power on 20/11/2008 - 13:30

    As a previous customer of Dell they keep sending me glossy promos in the snail-mail. Some of those ads are for the $799 Vossie. I can only presume this is an OFFER MADE BY DELL.

    By going online and submitting my order I am purely ACCEPTING THIS OFFER.

    • Max on 20/11/2008 - 13:47

      That may be what you think you are doing but it is simply not the case. At law, the glossy promos are not offers.

      • [Deactivated] on 20/11/2008 - 14:40

        Clearly the law is an ass. In any other situation in life if went around telling people I'm willing to help them out by doing X for them or giving them my X item that would be considered by any normal person as me offering to do something for them or give them something. Then by them agreeing to my offer and saying 'yes' we would have an agreement.

  • theguru1 on 20/11/2008 - 13:39

    What is the big deal with Dell giving 10% off. Almost anyone can get 10% off. eg RACV membership etc.

    For anyones information. I bought another product from Dell, go the email straight away acknowledging receipt of my order on the 17th, today got another confirmation acceptig my order. Interestingly, I had checked online earlier in the day and it was already shipping from the factory.

  • krayzie on 20/11/2008 - 13:41

    has anyone who efted not had a call?

    i have efted and havent had a call yet… i dont really wanna call and shoot any chances…

    • kaddude on 20/11/2008 - 14:01

      I ordered 2 in the second non-offer offer - one EFT, one Credit Card. They rang me yesterday. Told me both my orders were non-orders (!). So from their point of view, doesnt matter if ordered by CC or EFT - in their view neither are valid.

  • Professor on 20/11/2008 - 13:52

    When Dell rang me they said it was a "technical fault with the web page that calculated the wrong price when you removed the accessories". So I countered with 'So then the original price before the recalculation was correct including the accessories?' and they said they would have to check and ring back. Still waiting for an answer to that.

    • randoom on 20/11/2008 - 13:58

      Pretty much the same thing that they said (and I said back to them). Once I'd called them on that point, they ignored everything else I said and sent me onto the supervisor.

  • mick123 on 20/11/2008 - 14:22

    I'd normally say give it up but seeing as how customers are being treated - I wish u all the best - hope you get your comp'sand that Dell receives even more negative publicity! Hate rude call centres too. PS - I didnt try and buy a Dell in this deal

    • randoom on 20/11/2008 - 16:06

      It's even worse when it's not a call centre. Mr Winston was actually the rudest of them all, so much so he hung up on me because he didn't feel like talking. Although, it does seem to be a common thread with so-called "customer service managers".

  • neophytte on 20/11/2008 - 15:03

    Don't forget when they call to quote the senior manager of corporate communications, Marty Filipowski, as stating to APC - "we (have) reviewed the process to prevent future mistakes". Thus this can't be a mistake.

    I have ordered 2 and am waiting for delivery, with no accessories.

    Cheers

  • viper8548 on 20/11/2008 - 15:07

    Do they call with private numbers?

    • y12345678 on 20/11/2008 - 15:18

      yes.

      • lxstr on 20/11/2008 - 15:21

        Except when the call is from Winston, his Sydney number will show up as called ID.

      • viper8548 on 20/11/2008 - 15:30

        I've intentionally missed 2 calls, wanted to see the outcome before wasting my time trying to argue.

    • ESEMCE on 20/11/2008 - 15:35

      I just had my call from Julie, an Australian.. it was an 02 (Sydney) number.
      Took my money and couldn't be bothered arguing about the Bait and Switch side of the argument..
      Glad to get my money back now to spend on something else..

      Considered taking up the $719 offer (10% off $799) and arguing taking all the accessories, but can't see that happening either..

      Good luck to those of you arguing what is in my opinion a baseless case.. I'm all for taking down the man, just that my time and sanity is more valuable to me than a PC I don't really need.

  • bctransit on 20/11/2008 - 17:40

    received three calls today:
    the first two calls: I asked the guys to confirm that "Dell has received my payment, yes or no", they said they can't answer the question
    the third call: the guy confirmed they have received my payment - the answer is 'Yes', but they are not going to send the PC to me because that's the mistake and then I refused to cancel the order and the refund

    btw, I've recorded the whole conversation into my mobile, that's the evidence that Dell has actually received my payment for the order!

  • jctdell on 20/11/2008 - 17:45

    There is NO way a Contract can be formed when EVERY Dell ad is merely "an invitation to treat " , sure you can transfer the funds (consideration) , have an intention to create a legal relation , but there is still NO Offer and NO acceptance . ..heck ..every 1st year law student should know this…

    Why waste so much time flogging a dead horse I cannot understand .

    • kaddude on 20/11/2008 - 17:54

      Love to know what would happen if the shoe was on the other foot, ie I ordered a PC but then decided I'd made a mistake - would Dell cancel the order? Doubt it.

  • omygodde on 20/11/2008 - 17:54

    got the call from dell, the rep told me the 10% off is on top of whatever discount you are already entitled of. Told him to send the offer to me via email and I'll think about it.

    is there any other discounts available with vostros at the moment?

  • Ben V Dell on 20/11/2008 - 17:57

    bctransit, if you have lawfully recorded the Dell rep acknowledging receipt of your payment, could I get you to email that audio file to [email protected] please.

    jctdell - You are half correct. Dells advertisement is an invitation to treat. As has been concluded in many cases before this, it is impossible for the seller to put a global offer to the world like this. However, by the consumer going on to the website and offering to purchase the PCs. If Dell have accepted the consideration (payment) this is a contract.

    There are many other aspects to this deal than just that… But I doubt there is anyone that would argue that the contract has been accepted by Dell. Acknowledging receipt of payment would confirm this.

    (And thats not even touching on the "Bait and Switch", "Honour some, not others", "Not a mistake", and every other 'tin hat conspiracy' theory going around).

    • jctdell on 20/11/2008 - 19:15

      <<< As has been concluded in many cases before this, it is impossible for the seller to put a global offer to the world like this. However, by the consumer going on to the website and offering to purchase the PCs. If Dell have accepted the consideration (payment) this is a contract.>>>

      Dell may have accepted the consideration , but have they accepted the offer ? Do remember , a mere promise to pay is itself sufficient consideration ,the fact that payment is actually made does not elevate the element of consideration to a higher level .

      The elements of consideration and offer/acceptance are seperate and distinct, yet BOTH elements are essential for a binding contract.
      Acknowledgement of the consideration is not the same as accepting the offer .

      I'm an impartial party. In fact , I would be very happy if some of our forum members actually get their PCs (I like it when the man in the street defeats the big bad Dell corporation). But as I see it now, there is simply no acceptance (from Dell) of the offer.

      But then again- maybe it is the X'mas season - Dell may actually relent and agree to the "contract".
      Cheers.

      • Ben V Dell on 20/11/2008 - 19:45

        I'll throw it out a different way.
        If Party A offers to do action X if and only if Party B does Action Y…

        As Party A made the offer, it is up to Party B to accept it or not. The offer can be accepted (and contract formed) up until the point that the offer is rescinded by Party A (or rejected by Party B)

        By acknowledging that Party B has held up their end of the bargain it shows a contract has been formed.
        Once Party B does the required action… Party A can not just cancel the contract.

        Many customers have gone out of the way and parted with money, passed up on other PC offers etc while waiting for a response.

        • surm on 20/11/2008 - 21:01

          Since the buyer had already paid to DELL, s/he could not and did not take up any competitive offers available at the time. Now that they are gone, the buyer would be at a financial disadvantage if DELL does not honour the deal.

          • holdenmg on 20/11/2008 - 21:39

            @surm: If this is an estoppel matter then a party in N.S.W. (where Dell are located) who has received contact or correspondence from Dell seeking to avoid the deal should seek Legal advice.

            • jctdell on 20/11/2008 - 23:16

              @holdenmg: << If this is an estoppel matter then a party in N.S.W. (where Dell are located) who has received contact or correspondence from Dell seeking to avoid the deal should seek Legal advice.>>

              Promissory Estoppel can only be used as a shield, not a sword ; common law does not recognized proceedings based on estoppel, correspondingly , a writ cannot be issued under the same.

              • holdenmg on 20/11/2008 - 23:25

                @jctdell: Waltons Stores (Interstate) Ltd v Maher does not say that does it?

                • jctdell on 21/11/2008 - 12:24

                  @holdenmg: You may well have a point there ! I guess if one pursues a cause of action here - the crucial issue would be showing detriment . But enough for me here..this is a looking for good bargains forum..not a law portal :)

        • [Deactivated] on 20/11/2008 - 21:57

          Ben I think you have taken a wrong turn here. The first part is right. It is the customer making the offer in this case, by submitting an order by the website. Dell then has the discretion to accept or decline the offer. It is irrelevant whether the customer has "held up their end of the bargain" at this point, because no deal has been entered into. The automated email sent out by Dell is clearly a confirmation that they received the order, and not that they have accepted the terms.

          It would be a different story if the automated email explicitly accepted the offer, or if Dell accepted payment. But they have not charged anyone's credit card, and a direct deposit initiated by the customer does not constitute Dell accepting payment.

          I wish it were otherwise, since I submitted an order myself, but in contractual terms, Dell is in the clear.

          Whether it constitutes misleading or deceptive conduct to advertise PCs at these prices is another matter, but the facts do seem to indicate it's a mistake.

  • obitor on 20/11/2008 - 21:55

    Unfortunately jctdell is obviously correct.
    Contract law states that the original offer made by Dell is merely an invitation to treat as it is with all advertised prices. When we go through the checkout system we have essentially made an offer on the goods. Just because Dell requires us to place money in an account doesn't mean the contract is formed at that point. Where the contract 'may' be formed is when Dell has receipted the payment and progressed the order in their system.
    There was a previous case where some hard drives were offered by Dell and some CC purchases were processed. I would venture to guess that Dell had some advice; that the fact that they processed these transactions could have indicated the formation of a contract. They have obviously added an additional stage to this process now to make sure that doesn't happen again.

    I myself have 2 computers ordered through this deal. I'll give it until next week to see what happens with possible deals or alternative remediation. But to be honest, I don't think anything is going to happen and there is no legal basis for pursuing this any further. The lost time would easily cancel out any benefit.

    cheers.

  • holdenmg on 20/11/2008 - 22:14

    http://tinyurl.com/6khov9

  • Xelius on 20/11/2008 - 22:49

    There is a reason why 90% of cases settle before court. The reason is commerciality. I think what most people don't understand is that while you may have this and that basis in law for your position, at the end of the day commerciality is the driving factor between most rational parties reaching settlement.

    What many people are failing to consider is that to take this to the small claims tribunal would cost you all of an amount roughly between $11 and say $40 (don't quote me on that its just a guestimate based on the costs to lodge a claim in NSW from the ACCC website).

    If you went to the small claims tribunal you would need to stand up and say a few words to present your basic legal argument and then let the tribunal pass judgement.

    Now whether that would even get that far is in my opinion unlikely.

    So from the consumers perpsective the whole exercise might cost you abit of time, a fee for the claim and whatever time it took for your claim to be heard.

    Contrast this against Dell's probable view on the situation. The moment they receive the notice to appear at the tribunal they would have to either get in-house council or an outside law firm to look into it. Whoever looks at it, may need to do at least 1 hours research on it which say at a graduate level would be at cost of roughly $200 per hour (although it would be likely that a senior associate wouldnt look into it to). After the research is done if they were appear in small claims this would cost them another X amount of dollars due to the time spent. Now adding it all up I think its likely that these costs would more than likely exceed not only $238.64 dollar but the margin between their costs and the $238.64. Even if in-house council looked at it the opportunity cost of doing so would also likely outweigh the $238.64.

    Additionally, from the top of my head, costs are not awarded in the small claims tribunal(ie if dell were to win and they outsourced the appearance to a law firm, the court will not order you to pay any expenses they have incurred. Again dont quote me on this one. :)) So the consumer would not have to reimburse any costs dell incurred in getting this far even if Dell wins. (Again dont quote me)

    So, faced with that situation it would make prudent and rational business sense in that event to settle on Dells part. I would think the settlement in this case would be honouring the deal for the price.

    Although, all of this relies on the fact the person taking the action must be happy, if it came down to it, to stand up in the tribunal and say a few words on the reasons why they think they are in the right, which I understand may be too scary for some.

    This is just my opinion and general thoughts and does not in anyway constitute legal advice.

    Just another angle for everybody to look at this from.

    • kctt on 21/11/2008 - 11:24

      Dell probablly won't cost a pence besides bad reputation because they have a department or a full time lawyer dealing with legal issues (my guess :D).

  • neosin on 21/11/2008 - 03:35

    why da heck are u people still voting positive LOL!

    NO ONE IS GONNA GET A DELL PC !!!! LOL!!!

    Total waste of time and effort :P

    • joequimby on 21/11/2008 - 11:19

      Correct me if I'm mistaken, but I believe the voting is for if the deal submitted is valid or not. At the time, the deal was valid, as we all could place our orders. Its not the poster's fault that the retailer, Dell in this case, refuse to follow through and honour the orders.
      For the simple fact that Ben V Dell made the post and orders were able to be placed under the posted price, I have voted positive, and believe thats the way others look at it. Again, correct me if I'm wrong.

      You missed out, but it was marked expired in a timely manner, so I don't know why you have to hit Ben with a negative. Sounds like someone is just antsy

Login or Join to leave a comment
Login Join