Ordered a computer, given wrong information

[computerproblem]

What is the name of your state (only U.S. law)? Massachusetts

I ordered a Dell laptop back in May of 2008. Before I bought it. I asked if the model of computer I was getting's video card was replaceable/upgradeable. I was told Yes in the chat before I bought the computer. I have this chat saved on my computer.

So, a year later I decided I wanted to replace the video card. I went on the Dell website and looked for the new video card. It was there one day, then the next day it wasn't. I had an online chat with someone to ask where it went, and was told my laptop's video system was NOT upgradeable, that it was chips on the motherboard rather than a seperate card. I sent these two contradictory chats to someone at Dell. And was told that the person I had the first chat with, Chris - would be getting back to me and he told me they would work out some kind of compensation for me.

Here is the contents of the email he sent me

It’s not upgradable , I made this mistake on my part . I have sent it to my manager and the last I spoke with him he was sending it to his manager. So we should know something by Monday at latest , I will keep you posted . I am very sorry about this mistake . I actually recently went to upgrade the graphics in my laptop and could not as well and it was because it was integrated . When you buy it integrated and do no not upgrade it , it then comes soldered in on the motherboard and cannot be changed , which I misunderstood through conversation . Again , I am very sorry about this misunderstanding and I am working with my boss’s to see about a price break because the error was on my part .



Your Dell Rep , Christopher Tisdale

I did specifically ask him the first time we chatted and he told me that I couldn't order the computer with the video card I wanted it to come with (you'll see above he says "If you buy it integrated and do not upgrade it") I Now in this email he's telling me if I had wanted to have an upgradeable video card I would have had to order it that way. Which wasn't an option in the first place!

It's been a few months now and he hasn't offered me this price break or whatever it is that he's supposed to. I also don't really think it's enough. I'd turn in this computer to get the one I wanted, but apparently they won't let me. I wonder if the best I can do is file and try to get the money back that I had paid to buy the computer

I have pretty much evidence for the whole situation. I have the online chats. The emails to his supervisor and the email thread between me and him for the last few months. I think he's stalling on me and hasn't been replying. You'll see in the chain of emails between me and him there are big month long gaps between me and him talking, when I emailed him back and asked him "Hey, it's been a while, have you come to a settlement yet?"

 

[TheGeekess]

So, you bought a laptop over a year ago.... I think you are SOL on this one. If you had contacted them within 21 days of purchase....

Dell's Online Policies

21-Day Return Period for Certain Hardware and Software Products and Accessories: Unless you have a separate agreement with Dell, or except as provided below, all hardware, accessories, peripherals, parts, and media-based software that is unopened and still in its sealed package or, if delivered electronically, that has not been downloaded, may be returned within 21 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Any product returned to Dell without prior authorization from Dell will be considered an unauthorized return, and the customer will not receive credit for the product and Dell will not ship the product back to you.

Dell's Online Policies

 

[BL]

You can try a complaint with your Local Office of Attorney General consumer Affairs . There's no guarantee that you will be compensated however .

 

[latigo]

I must respectfully disagree with the first response.

It is not a question of warranty. It’s a question of breach of contract, the vendor’s failure to deliver the product that you were mistakenly led to believe you were purchasing.

And without looking at the statutes in your state the period of limitations for seeking judicial relief you can rest assured that it has not expired.

(Incidentally it is 6 years in Massachusetts.)

But I do agree to your first filing a consumer complaint with the state attorney general. Companies take no pleasure in having a state’s ranking legal authority investigating their marketing practices.

 

[cosine]

So, you bought a laptop over a year ago.... I think you are SOL on this one. If you had contacted them within 21 days of purchase....

Dell's Online Policies

Dell's Online Policies

So the company, Dell in this case, is conducting fraudulent sales activities knowing people won't be (attempting to) upgrade the equipment until after the 21 day period, and thus won't know they've been lied to until it is too late? Very clever!

 

[computerproblem]

I must respectfully disagree with the first response.

It is not a question of warranty. It’s a question of breach of contract, the vendor’s failure to deliver the product that you were mistakenly led to believe you were purchasing.

And without looking at the statutes in your state the period of limitations for seeking judicial relief you can rest assured that it has not expired.

(Incidentally it is 6 years in Massachusetts.)

But I do agree to your first filing a consumer complaint with the state attorney general. Companies take no pleasure in having a state’s ranking legal authority investigating their marketing practices.

But Dell's headquarters is in Texas isn't it? I live in Massachusetts, but I suppose that's where the computer was assembled and came from? Who's laws would apply here?

I think that a fair trade would be I could return this computer and get the computer I had wanted (I believe it does exist, as you'll see in the above email, he says if you buy it and DON'T upgrade it. I didn't have the option to buy the computer with the video card I wanted, thus I couldn't have ordered it "upgraded." This is in the online chat I have with the customer rep before I bought the system) they are offering me some sort of price break. I don't think this is enough though .I want what I paid for and asked about and would return this computer and/or pay any additional fees for the difference between this could and the one I had asked for. Is that unreasonable?

 

[computerproblem]

So the company, Dell in this case, is conducting fraudulent sales activities knowing people won't be (attempting to) upgrade the equipment until after the 21 day period, and thus won't know they've been lied to until it is too late? Very clever!

I'm not exactly sure what you mean here. Whether you agree with TheGeekess or not and are being sarcastic. But, I do agree I was told the video card was upgradeable and had no way to know it wasn't? Was my job to try to upgrade it before the 21 days just to make sure they were truthful/correct about it being upgradeable?

 

[BL]

But Dell's headquarters is in Texas isn't it? I live in Massachusetts, but I suppose that's where the computer was assembled and came from? Who's laws would apply here?

I think that a fair trade would be I could return this computer and get the computer I had wanted (I believe it does exist, as you'll see in the above email, he says if you buy it and DON'T upgrade it. I didn't have the option to buy the computer with the video card I wanted, thus I couldn't have ordered it "upgraded." This is in the online chat I have with the customer rep before I bought the system) they are offering me some sort of price break. I don't think this is enough though .I want what I paid for and asked about and would return this computer and/or pay any additional fees for the difference between this could and the one I had asked for. Is that unreasonable?

It's been over a yr . You may be able to upon your resolution request through the OAG , be sent as a " good Faith " gesture , a refurbished unit of what you originally requested , possibly keeping the one you have .

The OAG forwards your complaint to the Co.'s consumer contact person they have on file .

You will have to be aggressively-assertive in your request for resolution and don't back down .

You can not expect a brand spanking new unit and money to boot .

 

[You Are Guilty]

This is quite clearly a warranty problem, specifically, the implied warranty of fitness for a particular purpose under the UCC. The problem is how to compute damages. My take is you're entitled to the difference in value between what you bought and what you wanted to buy (i.e. an upgradeable video card). That would not entitle you to a new computer with a trade in of the year-old one you currently have.

Of course, my opinion is just that and a judge may easily disagree. Either way, there's a valid claim against Dell here.

 

[cosine]

I'm not exactly sure what you mean here. Whether you agree with TheGeekess or not and are being sarcastic. But, I do agree I was told the video card was upgradeable and had no way to know it wasn't? Was my job to try to upgrade it before the 21 days just to make sure they were truthful/correct about it being upgradeable?

I was being sarcastic about Dell's approach. Maybe the time period should apply from the point you have the opportunity to discover the problem. I personally would treat it as fraud. But I also get things in writing to be sure that if I'm being lied to, it's on the record and I can show it to the judge. A saved chat, however, won't be as strong in court as something clearly written and not printed on your computer printer. I can make chat logs that say anything I want, or just change a few words here and there.

Ask Dell which exact models that were available at the time you bought your computer had upgradeable video cards. if they say there were none, then pursue it as fraud. If there was a more expensive model, were you willing to pay that? If there was a model of the same price, tell them that you believe the court will agree that you didn't have an opportunity to discover the error in shipping the wrong model to you until you went to upgrade it, and that the time frame to resolve it should begin at the point of opportunity to discover the error. You don't really know if a court would, but the idea is to absolutely not back down and keep on them about it. If you keep getting stonewalled, maybe you can try the court. Or maybe report them in other ways as suggested.

 

[Zigner]

If you keep getting stonewalled, maybe you can try the court.

Nope - our OP agreed to binding arbitration to settle such matters...

 

[computerproblem]

You can not expect a brand spanking new unit and money to boot .

Actually, I've been in contact with Dell, and this is exactly what I'll be getting as compensation- a new computer, 2 models newer with the best possible video card. I hope you aren't a lawyer!

 

[Mass_Shyster]

You can not expect a brand spanking new unit and money to boot .

Actually, I've been in contact with Dell, and this is exactly what I'll be getting as compensation- a new computer, 2 models newer with the best possible video card. I hope you aren't a lawyer!

And how much money?

 

[Yertle8]

Actually, I've been in contact with Dell, and this is exactly what I'll be getting as compensation- a new computer, 2 models newer with the best possible video card. I hope you aren't a lawyer!

What Dell is required to do by law and what it chooses to do to keep its customers happy are different things.

What video card is going to be in the new computer?