Dell forced to change terms and conditions

Dell is accused of including terms meant for business contracts in its consumer terms and conditions

Dell has pledged to change its terms and conditions after the Office of Fair Trading (OFT) received a high volume of consumer complaints. 

The world's biggest PC maker had been accused of including terms meant for business contracts in its consumer terms and conditions. 

For example, Dell disclaimed liability if consumers failed to confirm in writing any phone conversations about a dispute, or if they failed to tell Dell about any errors in an order. Dell also claimed limited liability for incorrectly priced products.

These terms should only be imposed on business customers. By applying them to consumers, the OFT considered Dell to be violating the Unfair Terms in Consumer Contracts Regulations 1999 and the Distance Selling Regulations 2000. 

Following months of negotiation, Dell has now responded to the OFT's concerns by promising to "improve the transparency" of its terms, removing legal jargon and making it more clear which terms apply to consumers and which to businesses.

The move has been welcomed by consumer watchdog Which?. "Computing Which? welcomes the decision by Dell to change its terms and conditions to make them fairer to consumers," said editor Jessica Ross. 

Dell fared badly in a recent Computing Which? investigation into technology retailers. The report highlighted issues such as shops denying responsibility for faulty goods, refusing to provide refunds and misleading consumers on the shop floor.

"Of the complaints received, Dell came up as the worst offender," said Ross. "So we appreciate any work with the OFT to improve the consumers' position."

At the time of writing Dell has not yet reprinted its consumer customers' contracts or updated its website, where the contentious terms and conditions are still in place.

The page is headed: 'These Terms and Conditions are effective from 23.12.2002 until further notice.'