[Ecommerce] Dell told to amended consumer contracts.

[Michelle Childs]

http://www.theregister.co.uk/2006/07/08/dell_oft/

Dell spanked over unacceptable Ts & Cs
Agrees to change its ways
By Ashlee Vance Published Saturday 8th July 2006 19:32

 Dell has agreed to give into the demands of the UK's Office of Fair
Trading and alter the terms and conditions attached to its gear.

The OFT has spent the past few months sparring with Dell over the
company's terms and conditions. The two organizations recently agreed to
settle their issues with Dell changing contracts and making them "fairer
to consumers," the OFT said. The specific changes, however, remain secret
as neither the OFT nor Dell will reveal exact terms and conditions
alterations and as Dell has kept old contracts online.

 While vague, the OFT did provide some color on the changes it was
seeking.

The on-line retailer of computers, software and IT services cooperated
with the OFT and has agreed to improve the transparency of its agreements
with consumers and to take steps to address the OFT's concerns, including
separating terms applicable to consumers from terms relevant to business
customers only and changing terms that potentially:

limited liability for negligence to the price of the product
excluded liability for consequential loss arising out of breach of contract
excluded liability for oral representations not confirmed in writing, and
required the consumer to notify Dell of any errors in its confirmation of
the consumer's order immediately.

Some of the changes come after Dell received a flood of complaints,
according to consumer magazine Computing Which?.

"There are a variety of ways that technology retailers are able to
sidestep their responsibility to consumers," said the magazine's editor
Jessica Ross. "Of the complaints received about technology retailers Dell
came up as the worst offender, so we appreciate any work with the OFT to
improve the consumers' position."

Most of the complaints revolve around computer makers denying their
responsibility when hardware breaks. In addition, the OFT suggested that
Dell used its position as an online and mail order seller to avoid fixing
problems as it should.

After receiving much abuse in the press, Dell has vowed to improve its
customer service.  Huge questions, of course, remain as to whether or not
Dell will follow through on its promises. =AE


--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://www.cptech.org

Consumer Project on Technology in Washington, DC
1621 Connecticut Ave, NW, Washington, DC 20009 USA .Tel.:
+1.202.332.2670,Fax: +1.202.332.2673

Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727