where do i stand with tesco

Ivory_Tinkler

verityboo wrote: »

The B&Q threads suggest that if the supplier takes the payment then the court decided that a contract was in place. The supplier can write that they want in their T&C's but that does not mean that they cannot be challenged

I agree, especially when it comes to Tesco. I like to see them challenged now and again because I'm fed up of seeing them taking over all the little independent stores I'm sure one day there will be a Tesco in every street let alone every town

stebiz

A contract would be formed when an offer and acceptance has taken place. So I guess you could say that if they offer you a gold ring at £9.99 and you pay £9.99 then you have a contract. Like others have said before, it is irrelevant that they have T&C's. However, if this contract was formed by a Mistake, in this case unilaterally, then it would be down to the consumer to prove that they believed they had a genuine contract, and not that they had 'other' information, that the seller was unaware of. It is very cloudy though I agree. This type of case could quite easily go with the buyer on a sale price which looked reasonable - but would be unilkely to go in their favour if you had just bought a TV for a £1.

Stebiz

stebiz

tandraig wrote: »

does any know this - if you purchase online and your card details and payment accepted ......does the bank debit your account AT THAT TIME or when payment is collected. this may help clear the matter up. i think personally the amount is debited at the time - in which case - to my mind payment has been made. (considering the amount of times the bank has charged me for being overdrawn when i was certain that the site i bought from said that payment wouldnt be made untill goods were despatched!!!)

I have placed an order with Tesco.com for shopping and the order was accepted. However due to a miscalculation on my part there was insufficient funds in my account. Prior to my delivery slot I received a call to say that they had just tried my card and it hadn't been paid. So my guess is that it is authorised but not taken. I don't know for sure, but just my experience. As for Tesco, they can well afford to pay for their mistakes. I'd love to see somebody challenge them!

Stebiz

Ivory_Tinkler

tandraig wrote: »

does any know this - if you purchase online and your card details and payment accepted ......does the bank debit your account AT THAT TIME or when payment is collected. this may help clear the matter up. i think personally the amount is debited at the time - in which case - to my mind payment has been made. (considering the amount of times the bank has charged me for being overdrawn when i was certain that the site i bought from said that payment wouldnt be made untill goods were despatched!!!)

I think it depends from store to store and the word "acceptance" is an issue here. Some stores take your payment immediately (which is wrong in my opinion) while others take your card details and just get your card authorised (make sure it is valid, not reported stolen etc). Then they take your payment when the order is ready to go out assuming you have funds in your account. I placed an order with M&S before Christmas and it was confirmed but then a few days later they emailed to tell me that they couldn't send out the goods because the card had been declined. I was a little confused wondering why they had, as I thought, accepted a payment days before but they had only really accepted the card details and a promise that I would have the funds available when the time came for the order to be sent. I soon realised that the card had actually expired after I had placed the order so they couldn't get their hands on the money so I just had to give them my new card details and they debited that instead.

However, not all stores operate the same way - that's only my experience!

tandraig

well that makes it crystal cloudy!!! lmao ok - will go with acceptance of payment even if its just card details taken and authorised. to me this implies acceptance of payment - as in - the old days when you could pay by cheque but take goods home!!

tandraig

ivory - i learned the hard way not to believe sites or stores when ordering goods as to ' oh we dont take payment until goods are dispatched' thinking oh goody another payday to go. buying something else then finding am overdrawn. and banks insist was my fault!!!

tandraig

I ALWAYS now assume i have been charged - this way i know not to overdraw account!