Tesco misprice discussion area part 16

top_banana · 21 December 2006 at 11:20PM

itscheapandiwantit wrote:

Most of the sels that state 2 for £16 have an end date of 24/12/06 and do not include Kronenbourg

However there are some A5 sheets on the beer aisles or pallets around stores that include Kronenbourg - These have an expiry date of xx/01/07

If you find one of these, buy the Kronenbourg and the 2 for £16 will not work

Some people combine 1 Kronenbourg with any other 1 on the sel to get some variety. HTH

Went to store today (Extra) and offer worked on the Kronenbourg. I was amazed when my 4 cases went through and totalled £32. Straight refund after!
Got 2 cases elsewhere last night though!:D

kiddy_guy · 21 December 2006 at 11:34PM

REGI_MENTAL_REG wrote:

Ok but of Advice please.......

I have been R&Ring now for about 4 weeks and had some amazing stuff. I tend to go to about 6 different stores but i am now finding it more and more difficult with the CS staff. I get the feeling they will start to know my face and im getting worried about doing it again. Where do i stand if they say "You done this last week..." or should i not risk ?

Tips of the trade

Go at different times. CS change shifts at least twice during the day, and some CS staff will be taking Xmas hols. You might see a new face who doesn't recognise you.

Wait till the one that recognises you goes on their break and go then.

Try glasses, hats, looking smart, scruffy, talk poshly (works for me), be chatty, sunglasses even!!!

:money:

pickles110564 · 21 December 2006 at 11:34PM

The other day when i was told you have done this before, I just replied that yes i always did my weekly shop here are you always have good bargains,mangler just smiled and gave me my r&R.

REGI_MENTAL_REG wrote:

Ok but of Advice please.......

I have been R&Ring now for about 4 weeks and had some amazing stuff. I tend to go to about 6 different stores but i am now finding it more and more difficult with the CS staff. I get the feeling they will start to know my face and im getting worried about doing it again. Where do i stand if they say "You done this last week..." or should i not risk ?

kellywelly_2 · 21 December 2006 at 11:45PM

the_riversider wrote:

Was refused a R+R on some DVD's and a couple of book was emailed our local Trading Standards who went to store on my behalf and got the manager to give me an R+R. I returned with my reciept and in deed I did get almost £70 but got banned!!!!!:mad:

See this is the sort of thing that really annoys me, there is no way that I would ever take this lying down and find it hard to understand why others do.
What ever happend to YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
As a consumer you have rights set out in statute.
From what I can see in the above case, you took resonable action to effect a satisfactory resolution, which is of course your right to do and this was further proven as Trading Standards actually secured your R&R from Tesco on your behalf. As is stands to date Tesco Policy put simply is We overcharge you and we Refund you and you Retain the Goods. I cannot find wording in this policy that states this policy is in any way discretionary.
Actually you are not bound by a standard term in a contract if it is unfair. A standard term is one that you have not negotiated yourself. For example, a trader can't increase the price unfairly without you having a right to withdraw from the contract. When Tesco overcharge you, they have in fact unfairly increased the price, this is to say the price that is offered for you to purchase the goods at. You go ahead and pay for said goods, Tesco take your money therefore contract has been entered into. Tesco then provide themselves with a cute little get out clause by offering you the R&R so that people will go home happy and not report the breach to either Trading Standards or The Office of Fair Trading. Then to have the stupidity to Ban you for standing up for your Statutory Rights, I just prey for the day they do this to me. I have only had a couple of R&R's and have not had a problem with CS. But if I am ever refused an R&R I will simply out of principle make Tesco refund my whole shop for that day, because this is my right, because if Tesco overcharge me for 1 or 2 items in my shopping then in fact they have increased the price of the overall total of my shop unfairly and without my knowledge and I as a consumer have every right to withdraw from my contract with them. I am sure this will annoy any jobsworth CS just as much as giving me an R&R, and just let them try and ban me from any Tesco for attempting to obtain my rights as set out by Statute, I will have a legal field day, and unfortunately for Mr T this is what I live for.

kitchpoo · 21 December 2006 at 11:46PM

Took me over 30 minutes today to do my second Konenbourg offer. I took my digi cam and photographed the signage in case they tried to be smart!!

Had to show 2 separate staff members to the signage before they let me walk out of the door with the goods and the money though - one from CS the other from warehousing. Wished them both a merry Xmas on departure though. The other 4 Tescos I have been in today over a 70 mile radius have twigged.

REGI_MENTAL_REG · 21 December 2006 at 11:57PM

Try glasses, hats, looking smart, scruffy, talk poshly (works for me), be chatty, sunglasses even!!!

:money:[/QUOTE]

YOUR OFFICIALLY MENTAL!!!!! :rotfl: :rotfl: :rotfl:

......BUT I LIKE IT!

REGI_MENTAL_REG · 22 December 2006 at 12:01AM

So is Kronenbourg still on?

wlfc1 · 22 December 2006 at 12:14AM

Hi Guys

Not a spam, more a request

Re The Every Penny Helps Forum (link in my sig)

We are planning to have an offers ending thread in the same way as "The misprices thread" individually showing each item and listing any comments

Looking like this

27/12/06 PS2 Games 2 for £25
27/12/06 Foster 440ml cans 3 for £20

This will allow us to do two things

1. people can list whether the offer has been extended or not, if it hasn't we can immediately move it into the misprice section and you can immediatley rush down to Mr T and claim your r&r or Double the differnce.

2. We can also easily check the offers online through the "groceries" listing of Tesco.com

So please can people start making lists and notes of offers ending 26th onwards and then post them on the new offers ending thread on EPH

The more info you provide the easier it gets (many hands make light work)

MyUserNamesTaken · 22 December 2006 at 12:22AM

kellywelly wrote:

See this is the sort of thing that really annoys me, there is no way that I would ever take this lying down and find it hard to understand why others do.
What ever happend to YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

The refund policy is not a part of your Statutory Rights. It could be argued that it forms part of the contract of sale, as it is a nationally advertised policy. As for Unfair Contract Terms, you should be thinking along the lines of counter-offer. If the cashier tells you at the time of purchase that the price is higher, that is a counter-offer. If you choose to go ahead with the purchase, then you have accepted the counter-offer and have not been overcharged. If the cashier does not tell you the price is different, then proceeds to charge you more than you have offered, the contract has been breached. Unfair contract terms act doesn't enter into it at all. It's a breach of contract, pure and simple. HOWEVER, this is based on Law of Contract.

The Consumer Protection Act makes it a criminal offence to give misleading price indications. If there are two prices on display for the same item, or if the wrong price is on display, then an offence has been committed contrary to the CPA. This has nothing to do with your contract with Tesco, by the way. The offence was being committed from the time a misleading price indication was given. It has to be shown that Tesco did not do everything necessary to make sure that the prices shown were correct. Due to this being a strict liability offence, no mens rea (guilty mind - intent - the knowledge that you were doing something wrong) is required. All that is necessary to be guilty of this offence is the act itself (Actus Reus). If Tesco then use "Due Diligence" as a defence, they must prove that they did all that is reasonable to avoid giving misleading price indications. This has nothing to do with the R&R policy.

Tesco's refund policy is a nationally advertised goodwill gesture on Tesco's part. In other words, they (HO, not the individual stores) can withdraw the policy at any time. It could be argued that the policy forms part of the contract of sale as an implied term, as you made the decision to form a contract of sale partly based on Tesco's price promise. As it has never been tested in a court, however, it's hard to say what a judge would think of it.

I'm not sure where you think you stand legally should Tesco choose to ban you, but I can tell you that you have no legal right to enter Tesco's property without their consent. If Tesco chooses to ban you, they do not need to give a reason. If you then choose to enter Tesco's property against the express wishes of Tesco, you will be committing the tortuous and unlawful act of trespass. Tesco can then have you legally removed from the store. If you refuse to leave, you could find yourself being arrested for causing a breach of the peace. If you then continue to trespass, Tesco can sue you or take out an injunction against you. You have no legal right to shop at Tesco.

TKPeters · 22 December 2006 at 12:22AM

One for all you legal eagles

Just been doing our Xmas shop tonight in our Local MR T's Extra Store
We've had a few R&R's over the last year or so, not much lately.

I noticed that a coupel of members of security was sort of following us around the store tonight
& after paying for our shopping 5 members of staff followed us out
& I was asked by the security staff if I could wait a minute, as the Manager of the store would like a word with me.

Waited for the manager & he told me that I was BANNED from the store.
I asked for a reason & he said he couldn't give me one.

Asked if it was because I knew my consumer rights, he said he couldn't answer that question
I then asked if I could have it in Writing
& which point he told he I couldn't & to leave the premises as it private property
He also pointed out that it was just that store & not all Tesco's

Does anyone know where I can take this further?
I will phone Tesco's CS in the morning
& I may even contact the local paper & possible Trading Standars or a Solicitor as surely I'm entitled to have it in writing & to know why!

Tesco misprice discussion area part 16

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