An advertisement is not an offer, it is a request for an offer. When you ?ordered? the merchandise you made an offer to Dell. The web site has a specific disclaimer about errors in description or pricing. Until they ship they have the right to cancel the order (not accept the offer). In the alternative a mistake in fact is a basis to void a valid contract. A mistake in fact known to one party to be a mistake is sufficient for the other party to avoid a otherwise valid contract since there is a lack of true agreement. When a vendor ships they have accepted your offer and the contract is complete.
I don?t want to hear any shouts about Dell practicing consumer fraud by low balling the mistake merchandise. A mistake is a mistake. If it were bait and switch or if they shipped at the full price it would be consumer fraud and would be actionable either as a criminal action by a state?s attorney general, or would be a suitable topic for a class action suit. If there is any consumer fraud it is being practiced by technical savvy forum hoppers that spot an impossibly low price, act on what they know is a mistake and then broadcast it to members of this forum and others like it.
If you want to jump on such a mistake it is your privilege, but if you fail to get the merchandise, to d**m bad. It is not the vendor?s fault that you did not get your $400.00 fair market value whatever for $4.00 or what ever the deal is. In all such cases YMMV and you should be thankful for whatever ?great? deals you may get and not compalin about the deals you may miss because the vendor catches the error.
This matter is entirely different than the HP LCD ?mistake? where a monitor was sold for a very low but realistic price and HP tried to charge all purchasers the full list price after the monitor was delivered. Under the Uniform commercial code a commercial offer to a vendor can be accepted by shipping the merchandise in conformity with the offer. HP did that. The contract was complete at that time. Their attempt to re-negotiate a contract after completion was extorsion, not legal and probably did constitute consumer fraud.