[DEAD] Dell SB - Dimension 4600 2.4/256/40/48xCD for $139+tax AR ($100 rebate)

[Lanyap]

Originally posted by: Trompeta
Order Status is cancelled and I received the email saying it was cancelled but they charged my credit card and haven't credit me yet... what's up w/ that?

Dell does not charge your CC until the item ships. What you are probably seeing is the authorization/holding type charge they always do to make sure you have the $$ available on your CC. It will last several days then drop.

 

[Monkeyshack]

From FW/Dell Forum:

<< Taken from the Dell msg forum:

"Many of the critics appear to be operating under the assumption that Dell has the legal right to define the terms under which they operate. Regardless of the terms posted on their website, Dell is an Incorporated Company within the state of Texas. This has a very specific meaning, with very specific legal implications. In the instance of the 4600:

Dell's Terms and Conditions of Sale are explicitly stated on their website. I refer you to the Terms and Conditions for "Home, Home Office and Small Business Customers":

"§ 3 Payment Terms; Orders; Quotes; Interest" - Sentence 4:

"Orders are not binding upon Dell until accepted by Dell."

Any Order Confirmation and/or Order Acknowledgment which Dell sent to customers, which showed the specified product(s) at the reduced price(s), is an explicit indication of their acceptance of the order, and under their own Terms and Conditions, Dell is legally bound to deliver the products at the stated price.

The Uniform Commercial Code (adopted Sept. 1, 1967) deals explicitly with this issue of acceptance:

"§ 2-207. Additional Terms in Acceptance or Confirmation.

1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."

The reference to the statute is available on the Texas Legislature website:

http://www.capitol.state.tx.us/statutes/bc/bc0000200.html#bc014.2.207

If Dell sent out Order Confirmations or Order Acknowledgements which showed a price different than the reduced price, then you would have a "Battle of the Forms" situation, in which Dell could claim that they never agreed to provide the specified product at the reduced price. If, however, a customer has received a Confirmation or an Acknowledgement showing the reduced price, you effectively have a sales contract with Dell. It is enforceable under applicable Texas and/or Federal laws.

There is no confusion or lack of clarity on this issue. The act of sending out the order confirmation obligates Dell, under the Uniform Commercial Code, to provide the product listed at the specified price.

The fact that Dell "reserves the right to cancel orders" is irrelevant. Dell has no such right. Simply because they have done so in the past does not mean that they are within their legal rights to do so. In addition, publishing conflicting Terms and Conditions on the website, or by publishing Terms in Conditions in multiple places throughout their website, does not alter the fact that once Dell has accepted an order, they are obligated to fulfill it at the terms stated in the order.

I was unaware that Dell had a history of such practices. Such recurring incidents do, in fact, typically form the basis for a Class Action lawsuit. Dell is not able to define the rules under which they do business. They operate under the laws of the state of Texas, and under the laws of Federal Interstate Commerce. They cannot make policies to the contrary." >>

 

[KenSr]

Wow this sure looks encouraging. I was about to give up hope.
I have one that I received a confirmation on and a hold on my credit card for the amount plus tax.
I upgraded to the 9800 and better hard drive.
Monkeyshack thanks for the info. keep me or us posted if you find out how to pursue this.
Ken,

 

[lzpoof]

What was the point of this post ?

Dell specifically removed all the bottom of the line components from their configuration to rprevent people from ordering the system at that amount and probably so that no one could prove there wasn't a price mistake. You cannot order a comparable system because the processor and memory difference alone is $150.

Originally posted by: NeoHyd
A bit of reality and to prove that it was not a PRICE MISTAKE. I Challenge to prove this a price mistake...
IT?S A CHALLENGE!!!!

I have taken into consideration only the prices which are different between the current system available now Here and the system which was available on 10/09/03


Ordered System
Pentium® 4 Processor at 2.40GHz w/800MHz front side bus
256MB Dual Channel DDR SDRAM at 400MHz (2x128M)
Dell 2-button scroll mouse
Productivity Pack including WordPerfect and Money
40GB Value Hard Drive
48x CD-ROM Drive
No Monitor
New 128MB DDR GeForce FX 5200 Graphics Card with TV-Out and DVI
No Modem Requested
Total Price 654.00 ? 400.00 (Discount) = 254.00 ? 100.00 (Mail-in-Rebate)


To make the system comparable as current system available on line
+ 50.00 - Pentium® 4 Processor at 2.60GHz w/800MHz front side bus/ HT Technology
+100.00 - 512MB Dual Channel DDR SDRAM at 400MHz (2x256M)
+ 30.00 - Dell Optical USB Mouse
+ 30.00 - Microsoft Worksuite® including Money
+ 70.00 - 80GB Ultra ATA/100 Hard Drive (7200 RPM)
+200.00 - 4x DVD+R+RW Drive CD-RW including Sonic RecordNow and MyDVD LE
+160.00 - 17in (16.0 viewable,.25dp)M782 CRT Monitor
- 15.00 - 64MB DDR NVIDIA GeForce4 MX Graphics Card with TV-Out and DVI
+ 30.00 - 56K PCI Data Fax Modem
========
640.00 - Price Diffrence
========


254.00 - Price of Ordered System
640.00 ? Difference between current and ordered system
========
894.00 ? Current Price [1254.00 ? 400.00 (Discount)] Look here for the current price Here

 

[lzpoof]

This whole thing reeks of bait and switch and for once it'd be ncie if we could get a class action lawsuit going.

Pure and simple, if somethign was underpriced ro a rebate wasn't supposed to be offererd, then ALL orders containing that underpriced 'in error' or offered 'in error' rebate have to be cancelled. IF you let only the orders you choose go through because you are making sufficient profit on those custoemrs you are doing the exact definition of baitn and switch. No ifs, ands or buts about it. It'd be like going into a store and tryign to buy a laptop that was advertised at a price with a configuration, then having them tell you they refuse to sell you that but if you pay 200 more they'll sell you something 'better'. Dell has the parts by definition if they are offering them on the site. When they confirm your order, they are confirming they will sell you that PC. Just because it gets shipped rather than carried home in your car is irrelevant. Cancelling the confirmation is like having the cashier grab an item off the checkout after seeing what it rings at and saying you can't have it.

 

Let us know when someone has received one.

 

[CarpeDeo]

Originally posted by: lzpoof
This whole thing reeks of bait and switch and for once it'd be ncie if we could get a class action lawsuit going.

Pure and simple, if somethign was underpriced ro a rebate wasn't supposed to be offererd, then ALL orders containing that underpriced 'in error' or offered 'in error' rebate have to be cancelled. IF you let only the orders you choose go through because you are making sufficient profit on those custoemrs you are doing the exact definition of baitn and switch. No ifs, ands or buts about it. It'd be like going into a store and tryign to buy a laptop that was advertised at a price with a configuration, then having them tell you they refuse to sell you that but if you pay 200 more they'll sell you something 'better'. Dell has the parts by definition if they are offering them on the site. When they confirm your order, they are confirming they will sell you that PC. Just because it gets shipped rather than carried home in your car is irrelevant. Cancelling the confirmation is like having the cashier grab an item off the checkout after seeing what it rings at and saying you can't have it.

sooo . . . you think Dell put the pricing error there on PURPOSE. Because they were sure that somebody on Anandtech would find it and let everybody else know . . .and they were always planning to cancel most the orders and wanting to deal with the hundreds of hours of CSR conversations ex

 

[PrimeRisk]

Originally posted by: lzpoof
This whole thing reeks of bait and switch and for once it'd be ncie if we could get a class action lawsuit going.

Pure and simple, if somethign was underpriced ro a rebate wasn't supposed to be offererd, then ALL orders containing that underpriced 'in error' or offered 'in error' rebate have to be cancelled. IF you let only the orders you choose go through because you are making sufficient profit on those custoemrs you are doing the exact definition of baitn and switch. No ifs, ands or buts about it. It'd be like going into a store and tryign to buy a laptop that was advertised at a price with a configuration, then having them tell you they refuse to sell you that but if you pay 200 more they'll sell you something 'better'. Dell has the parts by definition if they are offering them on the site. When they confirm your order, they are confirming they will sell you that PC. Just because it gets shipped rather than carried home in your car is irrelevant. Cancelling the confirmation is like having the cashier grab an item off the checkout after seeing what it rings at and saying you can't have it.

If dell honors some and not others it is NOT part of "Bait & Switch" or even a loose definition of it. If Dell delivers for some and not for others then Oh Well. Here's a dose of reality, as bad as all of the weak-minded masses would like to have life be fair, Life is NOT Fair!

You haven't purchased anything until you have completed the transaction. Completing this transaction would be the transfer of funds followed by the delivery of the product. I was in, but I got cancelled. My credit card was never charged, so no transaction happened. BTW, if you go into a store and an item scans at the wrong price, the store is not obligated to give it to you at the wrong price. Their maximum liability in Colorado is $5; YMMV in your state, but most states have a limit on the liability for mispriced merchandise. A store has no obligation to run itself out of business because some part-time night-shift assistant to the assistant manager's nephew doesn't give a crap if a $1000 computer is priced at $100.

If you want to give the store too much grief they can always pull the "We reserve the right to refuse service to anyone". It's legal and legit. If you come into my store and you want to be a royal arse, I can and will refuse you service and I can also permanately eject you from the store. Online stores can do the same thing.

 

[Noirish]

They should definitely cancel all the orders that will show up on Ebay later.
Large order is probably one thing that trigger their system about these deals.
When your order volumn suddenly jumps 10 folds or more, you know something is wrong.
Thanks alot. :frown:

 

[blazer1155]

I just recieved a call from Kathy at States Attorny General In Texas. Sounds like their reviewing the case and getting a game plan in order for their confontation with Dell. I had to fax copies of all documents I had from Dell (web-site-Before and After, Confirmations, CC "Hold " on account, and responces from the cancellations I recieved.


Mayby we have a chance yet!

Blazer1155

 

[KenSr]

Way to go blazer1155.
Maybe your action will get some attention.

 

[gotincon]

Some of you people are a bunch of serious candyasses


If you spent half as much energy being more productive in your life as you do trying to eek out the last 100$ out of a company even going so far as to threaten a lawsuit, you would be rich enough to not need to worry about 100$.


Some of you are pathetic. Plain and simple. I hope you do get a lawyer, I hope you do go to court, and I hope you get a dose of reality once you lose and your out of many hours of your time and legal fees. What is this worth? Divide the money your trying to save by screwing dell by the amount of time your likely to work on this case and you would be better off flipping burgers at McDonalds for the same amount of time.


DELL OWES YOU JACK SQUAT!


And the sad thing is, its customers such as you that are not even worth doing business with. Anyone who has worked in retail knows the type. The customer who neveer buys anything but whines and complains.

If I ran Dell, I would keep a list of just such customers and refuse to do business with them. Sure it may hurt the PR ratings, but then you could tell your loyal customers that by instituting such a practice keeps their cost low by ridding Dell of the expense of dealing with the whiny customers who offer nothing.

 

[robertsmith]

gotincon: What a corporate shill you are. No, companies don't define the law, even though you wish they would... DELL must be paying you a lot to spill your opinions here.

 

[k000]

I agree this gpincon huy sounds a looser himself. I pity him that for the kind of job the guys is doing...

 

[Crucial]

If you guys are willing to killl future possible deals by all means file a lawsuit. I for one hope you get over yourselves and deal with it. I like Dells deals even though some don't happen(even though it was a mistake in the first place.) I can't believe how a missed hot deal can casue so much hatred.

 

[shinson]

OK - So next time we see a great deal on Dell.com, we should just automatically ignore it.

"OH... Gee, it must be another price mistake by Dell... Remember the 4600 Deal everyone ordered and Dell cancelled all the orders? I guess I won't place an order for this one either because they will just cancel it on me."

When can we believe Dell again?

 

[YellowRose]

Once they place that hold on your CC the item has been purchased. It does not matter if they push their paperwork thru today
or the day the item is shipped.

 

[V00DOO]

Originally quoted by: Phocas:
Let us know when someone has received one.

Me want to know 2.

 

[Crucial]

Originally posted by: shinson
OK - So next time we see a great deal on Dell.com, we should just automatically ignore it.

"OH... Gee, it must be another price mistake by Dell... Remember the 4600 Deal everyone ordered and Dell cancelled all the orders? I guess I won't place an order for this one either because they will just cancel it on me."

When can we believe Dell again?

No, you try and get the deal and say oh well when it doesn't come through and be happy when it does.

 

[rhadin]

No, you try and get the deal and say oh well when it doesn't come through and be happy when it does.

This kind of apathy disgusts me. Allowing companies to define their own laws is exactly the reason why Verizon, Dell and other mega-corps are the way they are. Ever gotten rotten customer service or gotten trod on by their policies and felt like you have no reasonable recourse? Dell say they cannot be held responsible for errors on their site but if Dell can't be held responsible then who can?! This was not some typo this was an inherent flaw in Dell's website/database/decision making that has happened before and, unless consumers start exercising their rights, will continue to happen.

To suggest that Dells deals will go away because consumers are exercising their rights is ridiculous. Capitalism drives this industry and pertinent laws define and bind it. The need to compete will make them sharper, faster and better not fat, recalcitrant and ignorant.

 

[Alternex]

Lawsuits will ensure Dell will be more strict about future promotions and offers. All that fine print is there in the first place because of people like us! And yes, companies need to be held responsible but in this case Dell has the freedom to cancel whatever orders they want that haven't been charged yet.

It's ridiculus to think that every mistake should be honored.. everyone makes mistakes and if they honor every one than they'll go out to business or stop having promotions. The only customers they'll lose are the hot deal seekers like us that they always lose money on anyways - big loss there...

 

[Bee01]

Got my 1901fp monitor yesterday (looks great in portrait mode). The system itself is on the truck for delivery right now.

 

[PeterPan76]

I am ready to sue. For the first time ever, I am starting to HATE all this BIG companies. They sort of have a monopoly on the industry. They are big and you are small and they can do anything they want with you.

 

[patrickj]

Originally posted by: PeterPan76
I am ready to sue. For the first time ever, I am starting to HATE all this BIG companies. They sort of have a monopoly on the industry. They are big and you are small and they can do anything they want with you.

Sorry, but Dell is not a monopoly. There are plenty of other vendors (B&M and online) that you can purchase a computer from. I'm not recommending that you get a computer from any of these other vendors (HP, IBM, Gateway, Microcenter, Best Buy, local clone vendor), but you do have other options. Microsoft is a monopolist. They have significant control of operating systems and application software that runs on the Windows platform. Comparing the two shows many differences and that although Dell is a strong competitor, they do not have the same type of control as Microsoft nor are they the only place you can buy a computer.

 

[LuNoTiCK]

Everyones ready to sue over a pricing mistake. You people should just get over it. I knew this was going to happen, it always does. Companies make pricing mistakes, nothing that you can do about it. Just because there a big company you think they should just eat up the loss. The processor alone costs more than the price of the product. When a company like newegg makes one, you see people posting, notify them about it.

When some big companies make a price mistake, the rule here is to"NEVER EVER call them, NEVER tell them about it, let them catch it by themself". Everyone knows it's an obvious pricing mistake, but is still ready to sue. People around here are saying make sure they don't know about it so we can get as many orders as possible, than the people here complain when the order gets cancelled. Thousands of people make an order, some end up ordering like 10 and plan to sell it on ebay. Than everyone is surprised that it ends up getting cancelled. The companies are not in business by losing money. I wonder how the people here who threaten to sue for anything and complain would act if they had a small business and made a price mistake.