Tesco mess with Windows 7 pre-order

tightarsey

Hi Sponge,
Just a telephone call from Tesco headoffice, to give a verbal response to re-inforce what Claire Gill had already stated, from a manager below Claire Gill, I'd specifically asked for it to be escalated above her in my formal complaint, so they broke the first rule of replying to a formal complaint, again I feel trying to fob me off.

I drove home my point that as a customer I was unable to pick up the item from City-link either on the 29th/30th (less than or equal to 7 days from 'launch') as it was immediately returned to Tesco on evening of the 29th/early morning of 30th . Tesco state that it was normal 'industry' practice for items to be sent out for delivery on launch date, but in the same sentence admitted the Windows 7 had been shipped 'early', due to the pending postal strikes. Even so I should still be given a minimum of 1+7 days 'after' the first delivery date before the item is returned. The item was actually sent out on the 20th, for delivery on the 22nd.

I stated that it might have been useful to email customers of the change, and/or inform City-link as the items had been delivered early, then it might have been useful to ask City link to hold onto the items for 10 days instead of the usual 7 days. Both I feel mistakes that have been made by Tesco, and are both uncceptable for a company the size of Tesco.

I asked them to look at situation again, and in fact I felt the Manager I spoke to did have some sympathy regarding the matter, but he stated early on he was just there to reinforce what had been stated, due to his positiion. Changing Tesco's/Ingram Micros company policy is another matter entirely, and changing that is proving difficult. (Are you hearing this Tesco?)

I stated I would have accepted things if an email had been sent with tracking info stating the early delivery, as you can't track an item via the Tesco website, you can only do that once a card has been left on a failed delivery.
Trouble is by making my views 'public', Tesco seem less likely to actually resolve things and instead stubbornly dig in their heals.

Either way now the damage has been done, so I'll probably have to go the formal route of a online small claim, just about to phone consumer direct, to log this with them, but really it just shows up as another complaint against Tesco.

The long and short of this is buy your software elsewere, if anyone works for Dixons, be interesting to know what their policy was regarding undelivered Windows 7 units, or anyone who has experience with Dixons regarding this (at least Dixons take payment on ship date) , or other e-retailers, was the price honoured?

...and Microsoft deal with your wholesaler Ingram Micro, and honour the price for the undelivered units - after all you want people who legitimately buy Windows 7 to be a painless as possible, and not resort to pirate versions of Windows 7.

Sponge

It's easy for me to say, but if I were you I would pursue this to the courts, or at least threaten to and/or get the ball rolling on proceedings - see if it changes their mind. (That would be the ideal result, nobody wants to go to court.)

I cannot understand how they can arbitrarily renege on their contract to supply goods at the price agreed. They cannot just decide, 'We will give you a refund and that will be the end of the matter, the end of our contract.'

I have no idea if it would actually work (the law and the court system are often beyond me), but I am reading interesting information on 'loss of a bargain', contract law and the SoGA. If they break the contract and as a consequence you have to pay more to put yourself in the position you would have been had they honoured the agreement, then they may be liable for your costs.

I'll keep you updated on how my case proceeds. :money:

OlliesDad

Im going to play devils advocate here.

Tightarsey, If you missed delivery and were expecting delivery on the launch date, did you not contact them to chase where this delivery was?

It is normal policy for the courier firm to return parcels after 7 days, not Tesco's choice. Surely by attempting delivery on more than one occasion, they are keeping there side of the agreement. They can't be expected to fork out for delivery everyday until you accept it.

I would expect that if you aren't there to accept the delivery you aren't keeping to your side of the agreement, so that the item being returned and refunded would be the logical answer.

For Sponge the situation is completely different and they deserve a replacement.

tightarsey

Hi OlliesDad, thanks for your post.
Tesco have admitted in a telephone call today that the item was posted early due to pending postal strikes, it was therefore returned early. I would quite happily accept Tesco's side of things if an email had been sent showing the item had been dispatched early. No such email was sent.

Obviously City-link would prefer to optimise their vehicles for the increase in post generated by the Royal Mail Strike, and not have to deliver something which could be delivered earlier in the week if possible, this wasn't done for the customer's benefit - it was done for the courier's benefit.

Not sure if you have used Tesco direct, but you cannot track the parcel via the City-link tracking reference, until a card has been posted through your door showing a missed delivery (it doesn't show the 8 digit code online or the courier). The first card I seem to have received was on the 29th, at which point the item was already been returned to Tesco. It was not possible to pick up the item on the 30th, 7 days after the day I would have expected the parcel to arrive. And even on the 29th the item had already been allocated to be returned by 6.00pm, so there was little chance of picking up on the 29th (I'm also 45 miles from my nearest city-link depot)

Tesco choose to move the delivery date without informing their customers, if you move it forward you also move the City-link return date forward, something they forgot, and didn't take into account.

I'll file a small claim, online if I have to- its simple, I claim for the time and effort in following this up too, and ordering from dixons, ebuyer etc at the new price.. Its a pretty straighforward process nowadays, and all the information is to hand - ie. Citylink tracking info, such as the initial dispatch from tesco being on the 20th (two days before launch)

Tesco have messed up here they just won't admit it, and all I want is the parcel thats got my name on put back in the post, this is not an unreasonable request, given the circumstances, but in the meantime I'll make sure as many people I can tell, know how Tesco work regarding undelivered goods/replacement of software - their processes. Internet is a powerful tool, and I'll use it for what it does best - informing people, so they can make a better judgement on where to purchase their software/goods in future.

OlliesDad

Good luck to you with small claims. Before you proceed with the action i would fully familiarise yourself with their T's and C's. It does state that ownership passes to you upon acceptance of the delivery, so technically you have never owned Windows 7.

I think the best you could hope for is them just giving up rather that go through the hassle of the court case.

tightarsey

Thanks for you response OlliesDad.
I'd read their terms and conditions, but I also had a contract that delivery would be initiated after Windows 7 official launch on October 22nd. Tesco have admitted by phone that the times was shipped before the official release date on the 20th, due to pending Royal Mail stikes Also small claims, because they are aimed at the lay-person, tend to follow a common sense approach to these things:

The crux of this is:
Tesco choose to move the delivery date without informing their customers, if you bring it forward you also bring the City-link return date forward, something Tesco forgot, and didn't take into account. This is an error by Tesco.

You can't tell from the Tesco website who is shipping the item, so the customer could also reasonably assume it was Royal mail, and as they were on strike expect a delay. It didn't state the courier.
Tesco have messed up here they just won't admit it, and all I wanted originally is the parcel thats got my name on put back in the post, this is not an unreasonable request, given the circumstances. (Tesco/Ingram Micro are you listening?)
But if they want to dig in the heals, let them. Happy to watch the meter tick by as they come to a decision.

tightarsey

Its a shame because if you are thinking of upgrading Winodows XP, Vista - Tesco currently have a hot deal for Windows 7 on hotukdeals.com
http://www.hotukdeals.com/item/520969/windows-7-home-premium-full-version, seems very popular, in terms of feedback.

Sponge

OlliesDad wrote: »

Good luck to you with small claims. Before you proceed with the action i would fully familiarise yourself with their T's and C's. It does state that ownership passes to you upon acceptance of the delivery, so technically you have never owned Windows 7.

I'm not sure I get your point. He entered into a contract to purchase goods. The fact they haven't been delivered simply means Tesco still haven't fulfilled their obligation. They cannot 'buy their way out' of a contract by arbitrarily giving him a refund.

This isn't like a retailer offering to sell something at an incorrect price and a customer trying to force them to provide it at that price. Payment has been made and delivery attempted. They should simply perform their side of the contract and supply the goods at the price paid.

How would you react if after buying a trolley full of food Tesco staff decide they don't want to sell to you and take them off you as you approach the exit saying, 'It's alright, we've given you a full refund and as you haven't actually left the store yet, we're well within our rights.'? All things being equal, Tesco cannot just decide which orders to fulfil and which to cancel & refund on a whim. Maybe I'm misunderstanding contract law, but I didn't think a retailer's T&Cs could absolve them of their legal responsibilities to fulfil a contract. I also thought the clause above about ownership was also to do with risk and responsibility for the goods in question. It's not justification to bail out on a contract.

I can't help but think this is all too complicated, what with Royal Mail strikes, alternative couriers, software distributors, release dates, early dispatch. As I see it, it's very simple. They have to supply the goods you ordered and paid for. The rest is an internal matter for Tesco to worry about. It's of no concern to the customer.

OlliesDad

Sponge wrote: »

How would you react if after buying a trolley full of food Tesco staff decide they don't want to sell the goods to you and take them off you as you approach the exit saying, 'It's alright, we've given you a full refund and as you haven't actually left the store yet, we're well within our rights.'?

Thats not really a good analogy.It would be more like i went to the checkout paid for the goods, and then i wouln't pick up the bags of shopping.

Tesco have been trying to hand over the goods to tightarsey, and as the t's and c's state a signature is required. If he is not there to sign for the goods, he is rescinding on his part of the agreement.

While i think it would be good customer services to provide the goods at the original price, i dont believe it to be a legal obligation.

tightarsey

OlliesDad, thanks again for your post.
quote: 'Tesco have been trying to hand over the goods to tightarsey, and as the t's and c's state a signature is required. If he is not there to sign for the goods, he is rescinding on his part of the agreement'

Just want to make it clear that your points are valid if Tesco had kept to their original delivery schedule,
But...
Tesco/City-link/Microsoft all must have agreed at some point and Tesco choosen to move the delivery date without informing their customers, if you bring it forward you also bring the City-link 'undelivered return date' forward, something Tesco forgot, and didn't take into account.

And this undelivered return date is the crux here for me. Its not my fault for not receiving the goods, if Tesco brings the 'window' of delivery forward, from that originally agreed on purchase without informing me. No email was sent out by Tesco.

The delivery 'window' can't be a new subset of the dates the customer might have expected when agreeing to the purchase as a pre-order. The delivery 'window' must cover all the dates that the customer might have expected, and be available for redelivery/collection.

If the undelivered Window had been extended to 10 days by informing city-link of such a request, I would have been able to collect the goods, and no problem, as I was away from the 22nd to the evening of 29th October.

As stated, You can't tell from the Tesco website who is shipping the item, (tracking info not shown) so the customer could also reasonably assume it was Royal mail, and as they were on strike expect a delay. It didn't state the courier.

But thanks for your reply.

@Sponge, are they now sending out a replacement then?, have you received it yet, did they manage to get a Manager to 'sign off' your request.