Tesco cancel order due to wrong pricing

scoff88

Hi all, I'm a newby. I ordered an xbox 360 game online from Tesco Entertainment. The game was "Left 4 Dead 2" and priced at £15.00 with free delivery. This was an awesome price as the game sells between £35 & £40 everywhere else. I bought it yesterday but this evening I got an email saying the order had been cancelled due to them advertising it at the wrong price, it should have been priced at £36.71 (that's not even close).
Does Tesco have to honour this sale or can they just cancel all of the orders?

4743hudsonj

scoff88 wrote: »

Hi all, I'm a newby. I ordered an xbox 360 game online from Tesco Entertainment. The game was "Left 4 Dead 2" and priced at £15.00 with free delivery. This was an awesome price as the game sells between £35 & £40 everywhere else. I bought it yesterday but this evening I got an email saying the order had been cancelled due to them advertising it at the wrong price, it should have been priced at £36.71 (that's not even close).
Does Tesco have to honour this sale or can they just cancel all of the orders?

this has been posted today already, with another 2 or so people hijacking the thread for the same problem.

ever considered doing a search?

http://forums.moneysavingexpert.com/showthread.html?t=2116133

its the 8th thread in the forum

Summary - no you have no rights, be happy with the goodwill gesture, albeit £2, and read up on the distance selling regulations or the thread for more info

scoff88

As I said I'm a newby to this, so thanks for your rather blunt reply and I hope you have a better day tomorrow...

EliziumX

4743hudsonj wrote: »

this has been posted today already, with another 2 or so people hijacking the thread for the same problem.

ever considered doing a search?

,

its the 8th thread in the forum

Summary - no you have no rights, be happy with the goodwill gesture, albeit £2, and read up on the distance selling regulations or the thread for more info

Not a very pleasant post to someone who has said they are a newbie. The search system is a little cluttered as it returns posts not threads. None of the threads had Tesco in the title when I scanned over them briefly.

Anyway, I've got the same email. From what I can see, Tesco have taken my money so they entered into a 'contract of sale'.

Can someone clarify what conditions 'unable to perform the contract' covers and whether 'we've changed our mind and we want to retrospectively charge you more than the contracted amount so we're going to cancel the contract and make you buy it again at a different price' is actually a breach of the contract of sale.

Performance of the contract

Unless the parties agree otherwise, the supplier must perform the contract within 30 days from the day after the consumer sent his order to the supplier.
If the supplier is unable to perform the contract within this period, he must inform the consumer and repay any sum paid as soon as possible (and in any event within 30 days), although it is open to the supplier and the consumer to agree a revised date for delivery.
A contract which is not performed within the 30 day period shall be treated as if the consumer never entered into it, but the consumer will still have remedies for non-performance.
If a longer period than 30 days is required then this must be clearly stated in the supplier's terms and conditions and the prior information. The supplier may perform the contract by substitute goods or services of equivalent quality and price if the contract provided for this possibility and the supplier gave the consumer the prior information in the appropriate way.

4743hudsonj

well you "tend" to think worng im afrain

And the distance selling regulations deal with all aspects of distance selling

hence their name

The DSR allows businesses to decide in their terms and conditions when a contract has been formed, this is to protect them from mistakes as a store clerk would see silly mistakes whereas machines are indifferent.

This means that the product was an "invitation to treat", you made them an offer with the money, they have rejected, as their terms state that the contract is concluded on dispatch, this is perfectly legal and they have never had a contract with you and have no obligations.

its not a matter of opinion. the dsr is one of the few areas of law that is very clear cut and all or most of this info can be obtained for the OFT's guide to businesses for DSR

sorry to the OP i dont mean to be harsh, i didnt notice you were a newbie hence my rattyness towards not searching.
:beer:

BFG_2

Hudson,

It puzzles me that they can take your money and there still not be a contract formed??

4743hudsonj

BFG wrote: »

Hudson,

It puzzles me that they can take your money and there still not be a contract formed??

well imagine thomas cook

error causes a holiday to be listed for a penny

in store a clerk would spot it and not sell it

online automation would accept the contract

forcing TC to honour the contracts and most likely go into liquidation

not a good idea?

so thats where this law comes in

in shops though the story is different and money is usually the point of contract acceptance.

b33r

BFG wrote: »

Hudson,

It puzzles me that they can take your money and there still not be a contract formed??

They don't take your money though, they authorise your account for the money but don't actually take it until they dispatch your goods. Same as when you use an automatic petrol pump and your account gets authorised for usually £70 and then when you have finished they CHARGE you the correct amount. This is common practice to stop people spending more money than is available in their account.

EliziumX

4743hudsonj wrote: »

well imagine thomas cook

error causes a holiday to be listed for a penny

in store a clerk would spot it and not sell it

online automation would accept the contract

forcing TC to honour the contracts and most likely go into liquidation

not a good idea?

so thats where this law comes in

in shops though the story is different and money is usually the point of contract acceptance.

Makes sense although don't DSR say you should receive your product 30 days from date of order? How can this be enforced if there is no contract until dispatch?

Snakeeyes21

4743hudsonj why do you feel the need to be such an a*se to a new member?

and I believe you are wrong, if they take the money they have entered in to a contract, whatever their terms and conditions say.

Them accepting and processing a payment is them accepting your offer to buy the goods at the advertised price.

You would be well within your rights, if they have infact taken the money, not just put a shadow on the funds, to buy the game elsewhere and pursue tesco for the difference between their price and what you bought for under loss of bargain, which has been taken through the courts albeit for larger sums but the same principal applies.

dmg24

Snakeeyes21 wrote: »

4743hudsonj why do you feel the need to be such an a*se to a new member?

and I believe you are wrong, if they take the money they have entered in to a contract, whatever their terms and conditions say.

Them accepting and processing a payment is them accepting your offer to buy the goods at the advertised price.

You would be well within your rights, if they have infact taken the money, not just put a shadow on the funds, to buy the game elsewhere and pursue tesco for the difference between their price and what you bought for under under loss of bargain, which has been taken through the courts albeit for larger sums but the same principal applies.

4743hudsonj is correct. Your application of offer and acceptance is far too basic for a real life situation.