Tesco misprices and discussion thread 11

munchkinz

lookinforabargain wrote: »

That cerainly makes for an intresting read

I also find this particular paragraph instresting

In recent years the policy descended into utter chaos. Store managers, for their own personal reasons, decided they would do everything and anything to avoid honouring the policy, even though it was legally binding under Section 14 of the Trade Descriptions Act because it was advertised on the wall of every single Tesco store without any caveats or conditions attached to it.

Is this still the case?

Just had a quick read of the Trade Descriptions Act 1968, section 14 seams to have been repealed and replaced by the The Consumer Protection from Unfair Trading Regulations 2008. I think section 5 below is the relevant part. Especially 5 (2)(b).

Misleading actions

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(3) A commercial practice satisfies the conditions of this paragraph if—

(a)it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii)the commitment is firm and capable of being verified and is not aspirational,

and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

(4) The matters referred to in paragraph (2)(a) are—

(a)the existence or nature of the product;

(b)the main characteristics of the product (as defined in paragraph 5);

(c)the extent of the trader’s commitments;

(d)the motives for the commercial practice;

(e)the nature of the sales process;

(f)any statement or symbol relating to direct or indirect sponsorship or approval of the trader or the product;

(g)the price or the manner in which the price is calculated;

(h)the existence of a specific price advantage;

(i)the need for a service, part, replacement or repair;

(j)the nature, attributes and rights of the trader (as defined in paragraph 6);

(k)the consumer’s rights or the risks he may face.

(5) In paragraph (4)(b), the “main characteristics of the product” include—

(a)availability of the product;

(b)benefits of the product;

(c)risks of the product;

(d)execution of the product;

(e)composition of the product;

(f)accessories of the product;

(g)after-sale customer assistance concerning the product;

(h)the handling of complaints about the product;

(i)the method and date of manufacture of the product;

(j)the method and date of provision of the product;

(k)delivery of the product;

(l)fitness for purpose of the product;

(m)usage of the product;

(n)quantity of the product;

(o)specification of the product;

(p)geographical or commercial origin of the product;

(q)results to be expected from use of the product; and

(r)results and material features of tests or checks carried out on the product.

(6) In paragraph (4)(j), the “nature, attributes and rights” as far as concern the trader include the trader’s—

(a)identity;

(b)assets;

(c)qualifications;

(d)status;

(e)approval;

(f)affiliations or connections;

(g)ownership of industrial, commercial or intellectual property rights; and

(h)awards and distinctions.

(7) In paragraph (4)(k) “consumer’s rights” include rights the consumer may have under Part 5A of the Sale of Goods Act 1979(1) or Part 1B of the Supply of Goods and Services Act 1982(2).

nikkilala_2

To The old bag (feel rude putting that)
Put beautifully and to the point

anika

To be honest, I totally agree with The Old Bag, (sound odd, but you know who you are!) There was a few other things I could have said about the store, only small things, but tbh any one of you going into any store would check most of the obvious out yourselves, but I didnt, because of the obvious. I already feel like all eyes are on me when I shop now, and paranoia is setting in. However, if you know who shops in your area you could PM them with something good, as all stores are different. But then again you could be working for Mr Ts and then rush off and change the SELs Arrgh.... theres no happy medium!

greenback111

dharm11 wrote: »

Ok so i went to my local tesco express to get the febreze glitch (which is sadly not working anymore). As i was at a self checkout i got the SA to cancel the two sprays, well once that was done i pressed the button to pay the receipt popped out! I wasn't sure if this was a glitch or if the SA mistakenly voided the whole transaction. Should i go back and pay or treat this as a glitch humm

it still works in some expresses tried it yesterday 3 expresses worked and 3 not

bingers_2

Got an accidental DTD this afternoon. Saw a stack of Pringles in the Beer isle with a large sign saying better than half price - reduced to £1.

We normally stock up on Pringles when they are this price as the kids love them but I won't pay full price for them so picked up 6 but they went through the till at £2.04 each.

I went to customer services and the lady went to check and came back with the sign and gave me DTD without me having to ask. It was quite strange as the sign said that the offer didn't end until 17th August.

It was a very successful shopping trip because as well as the free pringles I also got a pair of 25p Grandad socks and some yellow stickered reduced chicken. It was reduced from £4.00 to £1.20 a pack and because I got three packs the 3 for £10 meat saving kicked in and I got an extra £2.00 off so it cost me £1.60 for 3 packs! I am loving tesco at the moment!

caz2703

I was in the locale of the Ts I had a good DTD in a couple of weeks ago but decided to play it cool and avoid it after the posts today. I have had a couple of troutings recently. One was for a very high amount that the store wouldn't back down on and the other was for a truely accidental DTD that I got every lie under the sun for (expired SEL, wrong barcode, using SS tills etc etc) so as a matter of principal I argued the case as I was only buying the items as they were on multi-buy.

I've gotten pretty much everything I wanted but some more electricals wouldn't go amiss. As said before, I'll save my scathing emails to Uncle Phil for when it's really needed. And going by the fact that the points for a DTD regularly get deducted back, it's pointless using the CC for DTD now. May start carrying cash as well but as someone else said, regardless of an deliberate or accidental DTD, you're more likely to notice if you pay cash. There's no caveats for DTD but paying by card is one less excuse for not noticing.

The_Old_Bag

caz2703 wrote: »

I was in the locale of the Ts I had a good DTD in a couple of weeks ago but decided to play it cool and avoid it after the posts today. I have had a couple of troutings recently. One was for a very high amount that the store wouldn't back down on and the other was for a truely accidental DTD....

Sorry to stress this - I honestly am NOT saying don't go for DTD.
If you are feeling as though you have had so many recently that you are chancing your arm.... why not enlist family and friends to help?
Ask them to add that particular item to their shopping.
If you see an ood sel, go home and ring your mate and ask them to try it in 10 minutes.

Again in the R&R days some peeps were so high profile they were literally followed around store by staff and security guards.
Once they got over the shock, they used it to their advantage.
Staff were so busy following them, that their girlfriend/son/mother or what ever grabbed the R&R item, paid and was getting their refund while staff were still on a wild goose chase around the store following their 'target'!
Crazy Days !!!

emerald_starcat

Am I the only one that did not participate in the R&R days? Makes me feel sad that I missed out on it all, where was I? How long ago was this?

caz2703

The_Old_Bag wrote: »

Sorry to stress this - I honestly am NOT saying don't go for DTD.
If you are feeling as though you have had so many recently that you are chancing your arm.... why not enlist family and friends to help?

Oh I'm not going to stop DTDing but I think I should lay low for a few more days. I generally try to have a look when I've got other shopping to do and can hide my purchases in amongst the milk & bread etc but I'm totally up to date on my shopping and walking around a store aimlessly will just garner more attention than doing the shopping and casually scanning the odd item.

FloFlo

emerald_starcat wrote: »

Am I the only one that did not participate in the R&R days? Makes me feel sad that I missed out on it all, where was I? How long ago was this?

Ahhhh it was a golden time :D was soo gutted when it stopped, have to buy sunday joints now and Xmas presents. Also gutted when h&b vouchers stopped, they paid for a £3500 holiday and free toiletries.

Got to be 2 years since it stopped, is it?