returning goods

[ste v]

i bought a netbook and portable dvd drive from dell 2 months ago - the dvd drive still hasn't turned up and ive made several unsucessfull attempts to get a replacement deliverd. Am i within my rights to send the netbook back and claim a full refund as the order is still incomplete ??? thanks

[Gmcd01]

Did you purchase the two items together in one transaction, or did you buy them separately, so that there's two charges to your debit/credit card?

[ste v]

i ordered both items at the same time - i have an email receipt showing both items together and the amount was paid in one transaction. thanks

[Gmcd01]

OK, that means that both items are part of the same contract; I just wanted to check.
Before you can think about legally terminating the contract because of the time lapsed, you should first make time 'of the essence'. This will involve contacting the company, preferably by phone (and get the full name of the person/s you speak to) and explain that you want/need the device within, say, seven working days. Explain that the lack of the device is causing you loss and that if, after an eight week delay, they don't deliver a working one in the next week or so, you will be treating the contract at an end and returning all the goods for a full refund. Make it clear that you're doing this because of their breach (which renders your contract with them voidable by you). You will be thus exercising your right to void the agreement.
There's no need to be threatening an action for damages etc., as that's needlessly aggravating, but make it clear that you won't be paying for return postage or associated costs. You are not responsible for economic loss arising out of their breach.
I had this issue with PC world and a new desktop. After 10 days, I went in one morning and asked where it was. I didn't like the answer, and I almost lost my temper and gave them until the end of the week to find me one as I needed it for my business and they were causing me loss. They rang me at 3pm that day, saying they'd sourced one from Leicester. A strange conincidence, that...

[Gmcd01]

*coincidence - I really wish there was a preview button.
I also meant to ask sorry, what were the measures have you previously taken to ensure delivery that have been unsuccessful?

[ste v]

thanks very much for your advice - dell have never tried to make a second delivery, all they've done is ring me to advise me there looking into the missing item. They've emailed me today saying that a replacement will be shipped (free of charge) in the next 20 days !!!. However ive rung them today and they've agreed to collect my netbook tomorrow and then arrange a full refund - funny how they can pick the laptop up within 24hrs but it takes 3 months and about 10 emails to get a dvd drive ? - Hopfully the matter is sorted now - thanks very much for your help Gmcd01.

[Gmcd01]

It's always nice to know the situation worked out in your favour! I usually find that the larger companies are less hassle to deal with than smaller ones too (with a few notable exceptions).