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Businesses Hardware Your Rights Online

In AU, Dodgy Dell Deal Faces Consumer Backlash 173

Ben Seberry writes "It appears Dell has been caught red-faced by yet another pricing mistake on their Australian website. Many customers thought they had spotted a fantastic deal when they came across a 55%-off offer. Dell later denied that this was a valid special and telephoned customers to offer them a choice of the standard price, or a cancelled order. Dell's senior manager of corporate communication came out and apologized for the mistake, promising processes would be reviewed to prevent it from happening again. In the days after the original 'incorrectly priced' offer was fixed, Dell made a different error leading to an even cheaper price being advertised. This time, on many user forums and blogs, users are debating Australian contract law as it applies to this matter — it is not as clear-cut as many originally believed."
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In AU, Dodgy Dell Deal Faces Consumer Backlash

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  • by Kokuyo ( 549451 ) on Monday November 17, 2008 @05:31AM (#25783653) Journal

    I don't know about US economic laws but in Switzerland, if something is obviously too good to be true and there has been a mistake, the company can actually declare any contracts made invalid.

    Or if it's a real life product in a real life windows with a hilariously low price, the sales people are not obligated to make the sale at that price.

    So if it's too good to be true you'll have to expect it to actually BE too good to be true.

    The tough question just is: Is 55% off unrealistic?

  • by aussie_a ( 778472 ) on Monday November 17, 2008 @05:45AM (#25783737) Journal

    So they get to continue to falsely advertise as much as they want, as long as the discount is low enough?

    Now first time, sure its a mistake. Second time though? And only days later. They didn't double check and make sure it was right?

  • by Orphaze ( 243436 ) on Monday November 17, 2008 @06:14AM (#25783845) Homepage

    I think whether or not this is wrong depends entirely on whether or not money as changed hands at the time the error is noticed.

    For instance, we would not consider a car dealership to be contractually bound to sell cars for $3000 a piece if a typo caused a zero to be left off the price in an advertisement. An advertisement or coupon simply does not constitute a contract.

    In that same vein, I would argue that making an internet purchase is not a contract as well, or rather, at least not initially. Giving a company your credit information and clicking "Purchase" is not the same as handing another person cash and shaking hands, as that credit information must first be authorized and processed before money is actually transferred. Until that is done, the transaction (and hence, contract) has not been completed, and you the consumer aren't entitled to anything. Consequently, if an error is found at this stage, I see nothing wrong with a company cancelling the order in question.

    If money is transferred, that is a whole different ball of wax. The deal is then done, and a business should be held to whatever price they stated. At that point they have taken your money, depriving you the use of it for anything else, and it is not acceptable for them to cancel the order simply because of their incompetence, anymore than they can call you up a month later and demand more money for an item you already purchased.

  • by Anonymous Coward on Monday November 17, 2008 @07:42AM (#25784199)

    For instance, we would not consider a car dealership to be contractually bound to sell cars for $3000 a piece if a typo caused a zero to be left off the price in an advertisement. An advertisement or coupon simply does not constitute a contract.

    It should still attract a penalty, though, just like any other misleading or incorrect information in an advertisement.

  • by AvitarX ( 172628 ) <me@@@brandywinehundred...org> on Monday November 17, 2008 @07:53AM (#25784255) Journal
    All of the consumer lines (I have owned) from every company have disappointed me.

    This includes Macbooks, HPs, Dells, and IBMs.

    Pretty consistently the business lines are decent, but you pay an extra couple hundred (worth it) spec for spec often.
  • by Anonymous Coward on Monday November 17, 2008 @08:11AM (#25784311)
    From TFA:

    Dell backs down over drive pricing
    By Jesse Hogan
    August 18, 2005 - 4:24PM

    WTF?!?

    Who thinks that an article that is over 3 years old is "News for Nerds, Stuff That Matters"?

  • by Anonymous Coward on Monday November 17, 2008 @08:50AM (#25784481)
    You buy a $400 Acer laptop at wal-mart, then are surprised when its a hunk of shit?

    Really cheap, wal-mart, acer. Maybe you thought three wrongs would make a right?

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