Tesco Entertainment

JCookson

I recently pre ordered a Blu Ray DVD from Tesco. Before the date of release I noticed that another company sold the same BluRay much cheaper so I wanted to cancel my order.

Tesco Entertainment did not allow cancellation from their website so I sent the request via Email but offered them the chance to Price Match the disc which they couldn't. But my request was clearly to cancel the order.

Discussion Thread Response (*******) 17/09/2010 03.38 PM Dear John

Thank you for your email. Thank you for your email asking to cancel Robin Hood from your entertainment order.

Can I please explain that we only have a very short period of 30 minutes to cancel an item/order once it’s been placed. As it is now past this period I’m unable to process your request.

Your order will arrive within the next few days please can I ask that you return the item to the returns address on the delivery paperwork. As soon as the item is received back at our warehouse, a refund will be processed to your payment card. You’ll receive a separate email to confirm this.Thank you for taking the time to ask me about this and I hope that although I’ve been unable to help you on this occasion you’ll continue to enjoy the use of our Entertainment site in the future.

Kind regards
*********
Tesco Entertainment Customer (John Cookson) 16/09/2010 09.14 PM I tried to cancel the ROBIN HOOD Blu-Ray (part order) and your site will not let me. I have still not received any emails stating despatch as of 16 Sep @2115 hrs.
The reason for cancellation is that the Blu-ray version is cheaper on HMV.com. Please cancel this disc unless you can match the price.

Many thanks

John Cookson

They stated that they could not cancel the order as there were issues with the system that were inadequate for the task of cancelling. Two Days later they sent me an email stating they were sending me the disc anyway. I contacted them again and that I would have to pay for it's return to Tesco but they would reimburse me for it and then they would refund the payment they took from me after I requested the cancellation.

They later stated that the terms and conditions of the Website state I only had a short period to cancel the order (30 mins) from when I initially placed the order (some 2 months prior if not more).

I asked them for a pre paid label to return the goods and asked them to refund the cost of the Bluray to my account but they refuse to do so until they receive the Bluray back.

I believe that as this is UNWANTED item that they should not have sent me the item. Is this covered by the Sales of Goods Act or do I have to comply with Tesco's terms and conditions bearing in mind my cancellation request?

Many thanks

Freddie_Snowbits

BIT long winded, but when the disc arrives, notify them and send it back within 7 days under DSR.

next time use Amazon, they offer the lower price when they are released.

JCookson

Many thanks for your reply. The reason why I asked was that Under the DSR the seller can make terms and conditions to clarly stipulate a specific cancellation time. Their own terms and conditions do not Clearly reflect this.

From Tesco site:
5. 1.
If you would like to cancel your order you can do this using the "Cancel my order" option in the "My Account" section of the Tesco Entertainment Site (click on "Order History" and then "Order Details"). This option will be available for about 30 minutes after you place your order. Sometimes it may not be available for as long as this although it may also be available for considerably longer, particularly if you have pre-ordered a product which has not yet been released.

Is it 30 Mins or is it Less than 30 mins or is it more than 30 mins (mine was preorder)?

This why I think the DSR stipulations have not been met.

unholyangel

I refer you to:
Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

unholyangel

Also worthwhile to mention that websites are not considered a durable form and terms and conditions must be given in a durable form.

They have 30 days from your notice of cancellation to give you a refund.........regardless of if they have received the item back or not. Doesnt mean you can keep the item as they can charge you for it, but they MUST give you a refund.