A Quebec Man wastes Dell’s Time and the Court’s Time

aximx5 What a waste of time. I remember when this happened, it caused quite a stir at Aximsite. Here is one of the many threads that was created on Aximsite discussing this snafu by Dell. http://www.aximsite.com/boards/canada-deals/7861-118-axim-pricing-mistake.html. In this thread, someone posted this retraction of this outrageously low price…

CORRECTION NOTICE
April 7, 2003

Dell has become aware of a pricing error on our website for our Dell Axim X5 handhelds. The incorrect pricing of $89.00 for the 300MHz model and $118 for the 400MHz model resulted from a technical issue with one of our database systems. We endeavor to provide current and accurate pricing information at all times on our website. Nevertheless, such errors do occur. The actual pricing for the 300MHz and 400MHz models is $379 and $549 respectively, exclusive of shipping and applicable taxes. Accordingly, all orders for Dell Axim X5 handhelds with incorrect pricing will not be processed. If your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Please note that individual bank policies will dictate when this amount is credited to your account. Dell is not obligated to sell products based on pricing errors on our website. Dell will endeavor to contact all customers directly who have placed an order to notify them of the current situation and inform them that their orders have not been processed.
We apologize for the error and any inconvenience this may have caused. We thank you for your patronage.

Sincerely,
Home and Small Business Marketing
Dell Computer Corporation, Canada

Here is a snip from the Forbes article today…

Canada’s high court has ruled out a class-action lawsuit against US giant Dell Inc over its refusal to honour incorrect low computer prices briefly posted on its website.

A Quebec man and a consumer group had tried to sue Dell, but the company said its terms and conditions of sale, posted on its website, only allowed for consumer disputes to be resolved through arbitration.

The Supreme Court of Canada dismissed a lower court ruling that the terms and conditions of sale were not made obvious to consumers, and referred the case to arbitration.

The high court pointed out that a hyperlink at the bottom of Dell’s web page was ‘consistent with industry standards’ and a notice in bold print urged consumers to read the document.

Read the entire story : Dell class-action suit dismissed, case to go to arbitration - Forbes.com

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