Tesco refuse point blank to cancel an order even though item is out of stock

Retrovertigo

I tried ordering a videogame from Tesco entertainment earlier today. The website didn't mention the item out of stock. In fact when ordering it mentioned the despatch date being for today (20th May). I placed my order and was waiting for a confirmation email which didn't seem to be appearing.

So around an hour after ordering I checked back with Tesco's website and found my status for the item had changed to being despatched on the 21st May. I tried canceling the order but it wouldn't let me, so I contacted their customer services by phone. A lady told me that pre-orders had taken precedence over later orders (which is understandable) and they hadn't had enough stock in to fulfill all orders. I then asked why I couldn't cancel my order in that case, and she said because it was most likely being picked and packed. I then asked her how it could be being picked and packed if the item was out of stock. She didn't really have an answer but said she would force a cancellation through manually for me. I waited the 30 mins she said it would take for a cancelation email but all I received was another email telling me it couldn't be canceled.

I have since phoned them twice (and meantime had 7 emails all telling me it couldn't be canceled!!) and both times have been told they are expecting stock tonight and so my order is with the warehouse ready to be packed when shipments arrive. They are admitting they don't yet have stock, but point blank refuse to cancel my order saying it is too late to do so. But how can that be when they don't have stock? They have also told me I will have to post it back to them when it finally arrives as they don't do free returns.

Where do I stand on that point? I'm not going to pay to send something back that I have done my best to cancel, when they have admitted they don't as yet have stock, and my order is just sat in a list on a computer somewhere. Surely they can't hold me to order something when they didn't have it in stock when I placed my order - and indeed failed to mention on the website that the item was out of stock anyway.

Thanks for any input.

withabix

Why not just wait for it to be delivered? What difference does 1 day make?

Retrovertigo

To be fair, Tesco were boasting that anyone ordering this particular item would receive it on the day of release. I believe they even twittered it. They made a big deal of posting it out early so customers would receive it the day it was on sale in the shops. I don't want them posting it tomorrow (if they get stock - stock is only "hoped for" this evening with them, it wasn't cast iron as the game is in short supply it seems) as I can go shopping around and try and pick it up. I was trying to save myself that hassle.

It is why I am annoyed as I wanted it for the weekend as a few of my mates are picking it up as well. It is more the principal though, of them admitting the lack of stock, yet refusing to cancel the order, and of course, I will have to pay return postage (I'll have to send it back recorded to ensure it doesn't go missing) which is unacceptable when they could cancel it so easily.

Edit: to answer withabix, I have rarely had stuff come next day when posted on a Friday, which means waiting until next Monday. I miss the lanuch weekend of playing with my mates. It might seem silly if you aren't into that kind of thing. But when I spend a lot of my weekend playing online with family and friends around the globe, you feel like you are missing out.

But that isn't the point. The point is they won't let me cancel. The waiting has NOTHING to do with the fact they held me to an order they couldn't possibly fulfill. Yet refused to cancel it. Surely that is the bigger issue here?

DVardysShadow

Use the Distance Selling regs to send it back

gordikin

Buy the game elsewhere and when the game arrives from Tesco send it back under DSR.

Retrovertigo

Ok, I'll try again. I appreciate I can send it back. But as of now, Tesco DIDN'T get resupplies in, they still won't cancel my order. I will have to pay out of my own pocket to return the game.

I'm going to be out of pocket sending something back that I don't want them to post to me, and as of this moment, nearly 24 hours later, they don't have in stock yet won't cancel it.

So where do I stand on getting my postage back? Why should I pay to send something back that I don't want, and that at this moment in time, they can't provide, but are holding me to an order anyway?

gemstars

Retrovertigo wrote: »

Ok, I'll try again. I appreciate I can send it back. But as of now, Tesco DIDN'T get resupplies in, they still won't cancel my order. I will have to pay out of my own pocket to return the game.

I'm going to be out of pocket sending something back that I don't want them to post to me, and as of this moment, nearly 24 hours later, they don't have in stock yet won't cancel it.

So where do I stand on getting my postage back? Why should I pay to send something back that I don't want, and that at this moment in time, they can't provide, but are holding me to an order anyway?

Someone mentioned sending it back under the DSR, this means the distance selling regulations. If you have no experience with these I'd suggest having a read through http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf I've found them really useful.

aspinallkate

could you refuse to take the delivery when it arrives?

Retrovertigo

aspinallkate wrote: »

could you refuse to take the delivery when it arrives?

Sadly not as they don't send recorded delivery, so it will just pop through my letterbox.

I have just spoken to one of the supervisors and they remained adamant they won't cancel it for me. Even though they are only "hoping" to get stock today, they claim there is no way their system will allow them to cancel an order when the item is out of stock (this is despite them having a "cancel order" button on the website - which I used and it told me it had failed). They also seem confused as to why the website wouldn't let me cancel when the item was out of stock. They seem to be full of contradictions - saying I can't cancel, but that the website should have allowed me to do so.

I'm totally blown away to be honest. They just keep saying "post it back" but that I have to cover the return fees myself. Totally unacceptable.

Retrovertigo

How is this for the most ridiculous punchline ever. Bear in mind the game was out of stock. Every staff member confirmed my order couldn't be fulfilled.

It has just dropped through the letterbox, and my order with them still shows as not being despatched until stock arrives.

A happy ending for sure - but it does make me wonder what the heck goes on over at Tescos.

gemstars

Glad you had a happy ending. Let us know if you end up receiving two copies!