Tesco misprice policy discussion area part 8

smartsuit

del_trotter wrote:

Sorry if I'm a little off topic here but has anybody had sucess with R&R and ambigiously worded SELs?

I saw the Xbox 360 offer in my local Tesco's today and the SEL reads "Save £20 when you purchase a Xbox 360 or PS2 and the Game of the Week". Now I could see a pile of games next the PS2 boxes stating Game of the Week, but could not find a Game of the Week as such for the Xbox. I proceed by calling a member of staff about the deal and asked where the Game of the Week was for the Xbox. After looking re-reading the offer SEL a few times, he came to the conclusion that there was no Game of the Week for the Xbox, and that £20 would be deducted for buying the Xbox alone. He said that it was only the PS2 with which you needed to buy the Game of the Week to get £20 off. As there are clearly two ways in which the offer could be understood, are there any grounds for claiming an R&R?

Try it, I noticed the SELS had been changed now too, but I never interpreted it like that, but come to think about it I suppose it is a bit misleading. Buy an Xbox, or PS2 and Game of the week save £20. So yeah, I suppose that could be read as buy an xbox on its own and save £20, but you need to buy the PS2 and Game to get the discount. At least doing it that way they couldn't say that the discount is only on the game! Now who is going to try it? Will they ever learn?! ?

Little_John

The SEL's have been modified over the week to read game of the week oposted to just and game to make it more clear what the offer is, unfortunatly the offer is still not comming off so whats going on?

Has the game of the week changed? I saw a poster today and it is still Prey

shoperholicnot

coolio wrote:

Although I haven't been taken to a room I have been shouted at a couple of times. I literally probably R&R once a month and for small amounts in this store. As soon as I walk up I am told 'you deliberrately do this, you're not getting a refund' And when I ask to speak to a manager the first thing that is said to them by the customer service person is 'Shes always here doing this deliberately'. I have remained calm and said I do not like the insinuation, but I have been called a b1tch as I've left the store twice now by this member of staff.

What branch is this??
If that happened to me I would go !!!!!!! loopy!!

bb999

smart-suits.com wrote:

Try it, I noticed the SELS had been changed now too, but I never interpreted it like that, but come to think about it I suppose it is a bit misleading. Buy an Xbox, or PS2 and Game of the week save £20. So yeah, I suppose that could be read as buy an xbox on its own and save £20, but you need to buy the PS2 and Game to get the discount. At least doing it that way they couldn't say that the discount is only on the game! Now who is going to try it? Will they ever learn?! ?

Although this may be ambiguous and MAY work in some stores, I would be very doubtful of success.

Any Tesco manager worth his salt would defend you trying to make the poster sound ambiguous by referring you to the price promise:...In the unlikely event you are charged a higher price than on the shelf or the product we will refund your money and you can keep the product

The price promise - if Tesco decide to go down that route - only refers to price on the shelf or on the product; No mention whatsoever of 'on a poster, etc'

smartsuit

Little_John wrote:

The SEL's have been modified over the week to read game of the week oposted to just and game to make it more clear what the offer is, unfortunatly the offer is still not comming off so whats going on?

Has the game of the week changed? I saw a poster today and it is still Prey

AFAIK Game of the week for the Xbox is Tomb Raider Legend this week

mcdonag

bb999 wrote:

Although this may be ambiguous and MAY work in some stores, I would be very doubtful of success.

Any Tesco manager worth his salt would defend you trying to make the poster sound ambiguous by referring you to the price promise:...In the unlikely event you are charged a higher price than on the shelf or the product we will refund your money and you can keep the product

The price promise - if Tesco decide to go down that route - only refers to price on the shelf or on the product; No mention whatsoever of 'on a poster, etc'

The posters are on the shelf!!!

bb999

mcdonag wrote:

The posters are on the shelf!!!

Good point!

The_Old_Bag

Danlaur wrote:

Without Prejucide....

What you are all talking about ( Fraud) can actually legally termed as DECEPTION or THEFT

This link covers many types of deceptions commonly practised..... ( Look particularly at obtaining property by deception , Evasion of liability, Pecuniary Advantage etc.... ) it is all a very complex field

[In fact, I also consider, that this scenario could simply be considered as theft...
(a person is guilty of theft if: he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. )

Were the person's actions honest according to the standards of reasonable and honest people?" If a jury decides that they were, then the defendant's claim to be honest will be credible. But, if the court decides that the actions were dishonest, the further question is:

"Did the person concerned believe that what he did was dishonest at the time?"

If not criminally liable, ( & I suspect it just might be the case )I would imagine that it is morally WRONG to purchase goods, knowing that under Ts trading policies, that you will be able to claim a FULL refund whilst retaining the goods....

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:
I am not criticising Danlaur at all. I am most grateful that occasionally someone dares to throw in an opposing view to make us think about what we are doing and how we are doing it.

Where I would query the interpretation of the 'legal' points you have raise is this:
We are not shop lifting/stealing
We PAY Tesco for the goods in full.
We are not tampering with or amending the receipt
We do not tamper with or amend the price sticker or sel ( if anything it is cs staff who do this)
Due to TESCOs ILLEGAL action (ie overcharging for items compared to the sel/sticker) we take our receipt to cs, and YES we do expect a full R&R, because that is TESCO policy.
We do not steal/snatch the money from the till. It is GIVEN to us by Tesco staff - because we have been overcharged.
They will only give an R&R if there is evidence that we have
a) PAID
b) the price on the sel or sticker is £x
c) the price on the receipt is £x + y

Now if Tesco and their legal counsel would argue that we are "obtaining property by deception" because " it is morally WRONG to purchase goods, knowing that under Ts trading policies, that you will be able to claim a FULL refund whilst retaining the goods...." surely they would have to:-
1) Prove you KNEW you were going to be charged higher than the sel/sticker
But there are countless posts about mis-prices being fixed, or not working in different stores etc. So we never KNOW for definite. We could have picked up a gba game and the over price is on a ds for example. There are a dozen reasons why even if we THINK it MAY be a mis-price, it isn't. I have a cupboard full of chocolate biscuits where the discount DID come off :eek: yet EVERYONE else on here seems to be getting R&R's:rolleyes:
or
2) At the time when the item is scanned we saw the 'display' price and KNEW it was higher than the sticker/sel. But said nothing to the checkout operator, with the clear intent to go straight to the cs and ask for a R&R.
But would a jury think that "according to the standards of reasonable and honest people" that ALL customers WOULD watch EVERY price that is displayed, and compare it to the price they have MEMORISED from the sel etc.
How can Tesco PROVE you saw the price at the checkout. Most people ( inc those on a jury) would be too busy packing, making sure the cream cake doesn't get squashed, you can find your cc or cash, and that you don't loose your car keys underneath the cat biscuits - hence the thousands of people who never even realise they have been overcharged, or return the next day when they DO check it !
Also, if we are expected to comply with "standards of reasonable and honest people", and see the price and inform the staff BEFORE we ask for an R&R, surely the same applies to Tesco staff. I have not had dozens of R&Rs, but the vast majority are ones chearly labelled with a price sticker. Now if I can be REASONABLY expected to keep my eye on the display, surely the checkout staff should be REASONABLY expected to see the price they have charged is higher than the label. With games/cds/dvds they even have to 'open the box' so spend even more time in direct eye line of the price....but they still do not call our attention to the overprice, or adjust it !:p

3) Even if you have used a scanner to check the price, this wouldn't tell you is a discount would/wouldn't come off - eg chocolates or Xbox plus game !

4) We do not even 'ASK' for an R&R, we simply point out to cs that we have been overcharged. The ball is in their court. Only on ONE occasion have I had to refuse the kind offer of the 'difference'. On all other occasions it has been a straight forward proceedure
Me - " I've been over charged" - hands over receipt & item
CS - checks receipt, checks and scans item. does a bit of paperwork
"Have you got a penny?/can I have your credit card?"
"can you sign this" "Heres you £/I've credited the amount back on your card, Oh and here is your goods"

I have (over)paid for the item - therefore I am not 'dishonestly appropriates property belonging to another (TESCO) with the intention of permanently depriving the other of it"
I have not demanded the item or the money with menace. I have simply pointed out THEY have acted ILLEGALLY to me !
Other stores admittedly, simply offer to refund the overcharge. Tescos choses to have a policy which means they give back the whole cost and you keep the item. That is TESCOs policy, I have not somehow co-erced or manipulated them into this.

Yes my heart is is my mouth, and I do feel a 'guilty' rush, but I also feel guilty when I only put 50p in the collecting tins round town...
Plus I also feel a bit guilty when I buy reduced items in multiples so I also get the benefit of the offers, and come out with the stores VIRTUALLY paying me to take the food.....and they don't have R&R. Could that be classed as being dishonest and depriving Sainsburys of their goods

Also as other posters have pointed out
1) Tesco are breaking the law by charging more than the LOWEST price displayed
2) Tesco often DELIBERATELY repeatedly overcharge the public by leaving the sels in situ even when their error has been highlighted by an R&R
3) If they think you are acting dishonestly they can simply refuse to give you the refund in the first place. Presumably they are then putting the burden of proof on the customer - and if we have the receipt, and the item with the lower price sticker on......how can the customer be wrong

Sorry this is a bit long (ok a lot long) but I'm no lawyer, and I wanted to make sure I got all the wording right

I'm just off out to Tescos, and I will TRY to resist.......but I cannot promise. If you don't hear from me again I have probably been detained at cs leisure....but I have only had one R&R at this store, they are so hot !:T

ben500

Danlaur wrote:

Thanx for your Q ... Jack... & his dad !

I agree with your sentiments with regards to Ts overpricing.... this ought to be addressed more stringently.... and in my experience, when visiting CS, they update their computer there & then ( ?? )

The original points of my email was to advise people they MAY be committing criminal acts ( ... Did the person concerned believe that what he did was dishonest at the time?... this could amount to theft )

And ... by knowingly & repeatedly claiming a FULL refund whilst retaining the goods....thereby abusing Ts trading policies, some people :doh: ruining things for the rest of us

Take Care


Danlaur

Ahem without prejudice......

Twenty years practicing law are you serious?

Please provide an example of how r&r MAY be illegal just one will do and I'll shoot it to bits for you, and no I haven't practiced law for as much as twenty minutes never mind years.

Go on lets give it a go Danlaur

Sunit

smart-suits.com wrote:

AFAIK Game of the week for the Xbox is Tomb Raider Legend this week

I think its Saints Row - but none in my local so couldnt check it out