Free bluray player with HD tv at tescos

somethingcorporate

Zandoni wrote: »

You could start by trying not to be so rude.

The OP was not made aware and did not see the offer, why would you try so hard to see her cheated.

It's not rude, it's a statement of fact.

The OP saw herself cheated, Tescos are not to blame in this situation.

Zandoni

somethingcorporate wrote: »

It's not rude, it's a statement of fact.

The OP saw herself cheated, Tescos are not to blame in this situation.

I believe they are and should give the OP a bluray player.

somethingcorporate

Zandoni wrote: »

I believe they are and should give the OP a bluray player.

Your beliefs do not override consumer law.

The OP has no rights in this situation.

Zandoni

somethingcorporate wrote: »

Your beliefs do not override consumer law.

The OP has no rights in this situation.

If you say the OP has no rights I will need proof.

somethingcorporate

Zandoni wrote: »

If you say the OP has no rights I will need proof.

Basic contract law - the contract is agreed when both parties accept to be bound by the terms in the agreement.

http://en.wikipedia.org/wiki/Contract

The terms in this agreement were the OP wanted to purchase a TV, offered Tesco a value. Tesco accept. Contract affirmed with those being the basic terms (statute implies a whole host of things about consumer law in here).

Neither party has any rights to unilaterally change terms in the contract (i.e. demand something which was not in the original contract). The blu-ray player never paid a part in the transaction and demanding it now would be outside the terms of the contract. If Tesco had undersold the product and the contract concluded they would now also forfeit any rights to demand the OP paid a higher price.

That's my laymans understanding - anything Tesco did would be goodwill.

Zandoni

somethingcorporate wrote: »

The blu-ray player never paid a part in the transaction and demanding it now would be outside the terms of the contract. If Tesco had undersold the product and the contract concluded they would now also forfeit any rights to demand the OP paid a higher price.

That's my laymans understanding - anything Tesco did would be goodwill.

That's the grey area, signs in the store mentioned a free bluray player, so that is the terms of the contract.

Obviously this is my own opinion and I feel the OP still has a right to a free player.

somethingcorporate

Zandoni wrote: »

That's the grey area, signs in the store mentioned a free bluray player, so that is the terms of the contract.

Obviously this is my own opinion and I feel the OP still has a right to a free player.

Good point.

I'm of the opinion that contract was concluded without this being a term in the original contract, however, I do agree it could be argued conversely by a good lawyer! Whether a judge would agree is another matter...

Zandoni

somethingcorporate wrote: »

Good point.

I'm of the opinion that contract was concluded without this being a term in the original contract, however, I do agree it could be argued conversely by a good lawyer! Whether a judge would agree is another matter...

Shall we leave it there then, the OP can make up her own mind.

suited-aces

Weirdlittleman wrote: »

Tesco are honouring the offer.
The OP bought the TV and didnt know about the offer and didnt present the bluray player at the time of sale.

Tesco have no obligation to tell the OP of the offer or honour it in hindsight, furthermore the OP has no right to a refund anyway.

Didn't OP buy the TV under Tesco's policy, which allows for returns? Therefore under the under the contract with tesco, he has every right to a return?

wealdroam

Zandoni wrote: »

If you say the OP has no rights I will need proof.

Very difficult to prove a negative, Zandoni.

It might be useful though if you could tell us about the right that does exist in this case.

Oh, with a citation, of course.