Order Error and Dell

  sean-278262 22:58 27 Jan 2005
Locked

A friend of mine bought a few dell parts namely a switch. It turned up 2 days ago and they sent another and it arrived yesterday. They realised their error and now want it back. What should he do. I am specifically interested in european law as I live in ireland so UK laws dont apply.

The fact is he bought it to sell it as he works for the army over here and they needed one for his work so he purchased it on his credit card and now he has sold it to the army they want this first one back.

  Forum Editor 00:52 28 Jan 2005

if Dell sent two iems instead of one it was obviously an error, and they are perfectly entitled ask for the duplicate back - I would be astonished to find that anyone would think otherwise.

Your friend paid for one item - he can't expect to keep the second one, it isn't his property, it belongs to Dell, under European law, UK law, or any other country's law.

  sean-278262 21:41 28 Jan 2005

Yes I understand this but he has "held" their second item sent to him and has to go out of his way to get it back. I realise he is entitled to hold it for 30 days but maybe I didnt explain properly. The one they want back is the one he has sold on to the army. As far as he was concerned his transaction was over, so it was his right to do whatever he liked ie. sell it on he does not have the one they want back.

I had a feeling it was the case where he could not have it but the fact is he doesnt anymore, the only one he has to offer is the second item sent to him. He doesnt know what to do, as he sold it to the army and its not fair for him to have to chase it back up due to dells inability to get things right. This is not his first bad encounter with them.

  sean-278262 22:17 28 Jan 2005

To add insult to injury we have found out the reason for the 2 items, he was charged 2 times and now his card is maxed out. He isnt impressed at this. Any advice as to what recourse he should take he will send it back but he will give them grief over it.

  Totally-braindead 22:29 28 Jan 2005

I think he either has to send one of the 2 items back or accept the 2 payments that Dell have taken, I can't see what else he can do.

  sean-278262 22:32 28 Jan 2005

I know that but they are asking for the first one back, I am not sure what he should do.

  Totally-braindead 22:36 28 Jan 2005

Are the 2 switches the same, if so why not send the one he has back. If they are the same I can't see what difference it would make to Dell.

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