[Gllug] RE: Dell servers

[Joel Bernstein]

On Tue, Dec 14, 2004 at 10:52:34AM -0000, Mark Green wrote:
> 
> 
> Yes I agree, I will give Dell a ring and see what reply I get, this is
> very off, does any one know how the false advertisement law in UK works?

Well, I'm Not A Lawyer, but I'll summarise my understanding of it.

An advertisement isn't a formal offer to do a deal at a specific price,
but an "invitation to treat". So just by advertising a good at a price
that on later reflection appears impossible to fulfil they are probably
not in the wrong.

However, it gets more complicated when you make a purchase. I'm not
exactly certain how it works, but I seem to recall that a confirmation
email can be binding in some circumstances. I'd be surprised if Dell
haven't had their corporate lawyers draw up "confirmation" emails which
aren't actually binding at all.

Sadly, from past experience it looks as though they may be able to get
away with this on the basis that a legally binding deal hadn't been
completed.

I'll watch this with interest.

/joel

> > -----Original Message-----
> > From: gllug-bounces at gllug.org.uk [mailto:gllug-bounces at gllug.org.uk]
> On
> > Behalf Of Andrew Farnsworth
> > Sent: Tuesday, December 14, 2004 10:46 AM
> > To: Greater London Linux Users Group
> > Subject: RE: [Gllug] RE: Dell servers
> > 
> > > -----Original Message-----
> > > From: Mark Green
> > > Sent: 14 December 2004 10:31
> > > To: Greater London Linux Users Group
> > > Subject: RE: [Gllug] RE: Dell servers
> > >
> > > Has any one had any luck at all with actually confirming that there
> > > order has gone through?
> > 
> > Mark,
> >   I just called Dell to find out about my order and they told me my
> order
> > had been cancelled, though I have yet to see any email confirming
> this.
> > The
> > person on the phone said that everyone who had ordered these has had
> their
> > order cancelled and will not get the server for the listed price of 99
> GBP
> > +
> > VAT + SHIPPING + SHIPPING VAT (i.e. about 174 GBP).   I suggest that
> A)
> > you
> > call dell directly and inquire about this and B) we all get together
> and
> > complain about the practice to both Dell and the appropriate
> Government
> > body, maybe even the press.
> > 
> > Andrew Farnsworth
> > 
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