tescos glitch 3 for £2 on shampoos

lil_tiger

Kaos wrote: »

Firstly just to say I wasn't picking on you hon, I didn't put enough smileys in that post, was just pointing out all Tesco's conflicting info

I agree that it shouldn't be legal to take that much extra without informing people and I have a theory on this suddenly....

At the beginning of this offer, I believe when people filled their baskets, the guide price correctly stated the amount they would be paying including the offers, i.e. someone who ordered 12 products had a guide price on their basket of £9. Note that initially (Tuesday deliveries, so Monday's orders) almost everyone was refunded the difference without too much fuss.

Now on Tuesday, when I ordered, the guide price was showing as the full amount, so for me was well over the £100 mark but it clearly said underneath that amount that special offers hadn't been included in that price and not to worry because the offers valid on the day of delivery would be deducted. (and the offer clearly stated it was on until 07/03/10

I reckon that they must have changed something on that web site so that they were then covering their own backs as obviously they KNEW that they would be charging full price to the cards... what do you reckon?

Note: I just got 2 phone calls in the middle of typing that so sorry if it doesn't make sense!

no worries...when I dont get my point across I get anoyed at myself for writing it wrong lol :beer:

It actually is illegal to take different amouts from debit cards (hence why hotels generally ask for credit cards so they can charge you after you leave, as you cant do this with debit cards)...with debit cards you authorise the fixed amount....so without knowing the amount yourself they cannot take the money (do you understand)

perhaps they did change something, although I think in the begnning people were saying different things, some showed the offer price and some showed the full price so not too sure on that one...the dodgy bit is that they can lead you to believe the offers will be deducted then go ahead and charge you full price....meaning the customer is completely unaware at what they may pay. If Tesco had done this right they should have changed the offer advert onlne then emailed everyone stating the mistake and asked if they still wanted te products at 3 for 2 or whatever they were....NOT waited for people to recieve their orders, charge them the full price then moan at the amount of complaints lol

Kaos_2

lil_tiger wrote: »

no worries...when I dont get my point across I get anoyed at myself for writing it wrong lol :beer:

It actually is illegal to take different amouts from debit cards (hence why hotels generally ask for credit cards so they can charge you after you leave, as you cant do this with debit cards)...with debit cards you authorise the fixed amount....so without knowing the amount yourself they cannot take the money (do you understand)

perhaps they did change something, although I think in the begnning people were saying different things, some showed the offer price and some showed the full price so not too sure on that one...the dodgy bit is that they can lead you to believe the offers will be deducted then go ahead and charge you full price....meaning the customer is completely unaware at what they may pay. If Tesco had done this right they should have changed the offer advert onlne then emailed everyone stating the mistake and asked if they still wanted te products at 3 for 2 or whatever they were....NOT waited for people to recieve their orders, charge them the full price then moan at the amount of complaints lol

I reckon it all comes back down to the fact that Tesco seem to think no laws apply to them Fascinating about the debit card thing... I paid by credit card so wouldn't have applied to me anyway but how on earth are they getting round the debit card thing?

Ausmummy has just squashed my guide price theory so I'm stumped... My head hurts, lol!

Crossing all my fingers that this was such a big issue that Tesco will finally be caught out with all their dodgy practices!

lil_tiger

Kaos wrote: »

I reckon it all comes back down to the fact that Tesco seem to think no laws apply to them Fascinating about the debit card thing... I paid by credit card so wouldn't have applied to me anyway but how on earth are they getting round the debit card thing?

Ausmummy has just squashed my guide price theory so I'm stumped... My head hurts, lol!

Crossing all my fingers that this was such a big issue that Tesco will finally be caught out with all their dodgy practices!

only 2 ways I can thnk of....either they get the buyer to in effect sign a virtual blank cheque (the only way to give someone an amount they decide on)....or the acceptance of the offer actually happens on delivery making their T&C's wrong lol

slangrish

lil_tiger wrote: »

only 2 ways I can thnk of....either they get the buyer to in effect sign a virtual blank cheque (the only way to give someone an amount they decide on)....or the acceptance of the offer actually happens on delivery making their T&C's wrong lol[/QUOTE

but in my case my g/f didn't accept the delivery (DUE to the massive change in cost and all the substitutes) she didn't sign anything, and yet I was still charged?! and this was on a debit card btw.. It just sounds so maverick no small Internet company would last five minutes with this business practice.

jeppy

lil_tiger wrote: »

only 2 ways I can thnk of....either they get the buyer to in effect sign a virtual blank cheque (the only way to give someone an amount they decide on)....or the acceptance of the offer actually happens on delivery making their T&C's wrong lol

I am sure the payment gets taken out before its loaded onto the van. If it was after we had signed for the goods surely we would only be charged for what we had accepted, but we get given a refund.

I think the signature is simply proof of delivery!

That would mean that we could be charged basically - anything!!! This cannot be right!! Surely as with the shampoos if there is a substantial difference this should be brought to our attention, by phone or email before taking the money from our cards!!

Bindibabe

The contract cannot be formed at the moment that they take the money from your account - because the price is not known to you until the money is debited from your account. As previously stated by other posters it is illegal for Tesco to take whatever amount that they want to from your account. For a contract to be formed the goods must be offered at a price and then accepted at that price by the buyer. At the time of acceptance a contract is formed. Signing for delivery after the money has been removed from the account could definitely be seen as acceptance BUT of a new contract.

So if you ignore all the internet ordering part, when the man arrives at your door with the goods, he tells you how much it costs (offers it) and you sign (accept) a contract is formed.

This to me is not the relevant issue and I think some of you are getting sidetracked by it.

The issue is the internet ordering part - the goods are offered on the website and then accepted by the placing of the order - the amount taken out of the account is then not what the customer believed (by way of the prices shown for the individual items - not the ridiculous ruse of a guide price at the end) it would be. So this should be breach of contract, breach of countless regulations and directives on distance selling etc. and possibly fraud. Fraud = obtaining money by deception.

So if Tesco were acting illegally as far as civil law goes all they have to do is put the customer back in the position that customer would have been in if the fraud/deception etc. had not taken place i.e. refund the money.

In other words I don't think that there is a way to get them to honour the contract (give us 3 for £2) because a fraudulent contract can't be enforced.

It is a loophole I think and maybe that is why they get away with it.

There's always the criminal side of it (not my area of expertise) and the breaching of industry guidelines etc.

I'm afraid that I have to disagree with the previous poster:

THE SIGNATURE PROBABLY IS ACCEPTANCE OF THE CONTRACT AS STATED ABOVE.

As I said before I am off to check the Distance Selling Regulations as I haven't heard from any commercial lawyers offering to help me yet ....

EDIT sorry just read Lil-Tiger's previous response. Thanks for the input, still think that this needs investigating.

derbylady

Not read any of the recent posts as there a bit long, i refused my delivery at the door on tuesday because half of it was missing, didnt give it another thought and just realised they have charged me nearly £20 for the stuff that they did bring, so will be on the phone to them first thing in the morning!!

slangrish

Ok so it just gets even stranger for me. Tescos have just redelivered my entire first order! The first time they came round on tues eve only 3 items hadn't been changed from my whole order so it was all sent back. I spoke to them yesterday and they agreed to resend the 3 that hadn't been switched for free at the £2 offer glitch price. Now they've shown up with all 33 items at a new '3 for 2' offer price. Another £100 from my account DEFINITELY without my approval or knowledge (having merely expected 3 items for £2.) looking fwd to speaking to CD tomorrow. Any tips/pointers much appreciated!

jeppy

Tesco should not charge a different price to the one advertised at the time of purchase. If there has been an error they can easily get out of this by saying that the goods are oos!!!

Why don't they do this?? Well how many people order and are not aware of the error! How many can't be bothered to call to ask for a refund!! How many call and accept a smaller refund - like you are only entitled to 9!!

Those of us that do, they just make their own rules and change them whenever they feel like it!!

Was this and others glitches like this manufactured as "loss leaders" and then just not deliver the "goods"

Also, if and when I take my shampoo back to store (5 miles away) how do they know that I didn't get the full discount!! More confrontation - they are hoping that we wont bother!!

Kaos_2

Bindibabe wrote: »

So if Tesco were acting illegally as far as civil law goes all they have to do is put the customer back in the position that customer would have been in if the fraud/deception etc. had not taken place i.e. refund the money.

In other words I don't think that there is a way to get them to honour the contract (give us 3 for £2) because a fraudulent contract can't be enforced.

It is a loophole I think and maybe that is why they get away with it.

Argh! A law to protect the innocent abused by Tesco Sounds right
Why can't they be punished for breaking the law rather than just having to rectify the situation? (and why isn't there a little devilish smiley to put here?)

Bindibabe wrote: »

THE SIGNATURE PROBABLY IS ACCEPTANCE OF THE CONTRACT AS STATED ABOVE.

But howcome the person who ordered and paid for the goods doesn't have to sign this? I sign for my housemates' order most weeks *worries* Every driver who has delivered here has always maintained I am simply signing to say he dropped the goods off, not for what is there or how much it cost etc
The more I learn about legal stuff the more it scares me! :rotfl: