Obligation to return item sent in error?

tugual

First post so hope you can help me. I ordered a black camera from Tesco at the beginning of November. I received a black camera of the same make as I had ordered but a more expensive model. I assumed it was a replacement for a non-available item as happens sometimes when shopping with Tesco online.

Today (30th Nov) I received a telephone call saying that Tesco had made an error and I was to either return it for a refund or pay the difference. Can Tesco enforce this or can I refuse? I had already charged the camera up although not used it yet as it was to be a Christmas present.

Where do I stand please?

Equaliser123

Of course they can enforce it. It was an error.

You should have (and did) realise it was incorrect and took the wrong action by using it.

tugual

OK. Thanks

neilmcl

As it was sent in error and effectively not as described then make sure you're not out of pocket returning it back to Tesco, they are obliged to cover all costs in its return.

Techhead_2

Equaliser123 wrote: »

Of course they can enforce it. It was an error.

You should have (and did) realise it was incorrect and took the wrong action by using it.

It's not that clear cut. They do reserve the right to send a substitute model. So there is no reason for anyone to question this happening, other than to note it was a different model. How is the purchaser to distinguish between a substitution or a 'mistake'?

Personally, I would complain to Tesco that as it was their mistake, that couldn't have been recognised as such and they have left several weeks before contacting, that no further action is necessary or required.
If they are insistent, then I would request a full refund, return postage and compensation for the loss of use of the camera and extra costs associated with buying a replacement. Its their mistake, they can pay.

Equaliser123

Techhead wrote: »

It's not that clear cut. They do reserve the right to send a substitute model. So there is no reason for anyone to question this happening, other than to note it was a different model. How is the purchaser to distinguish between a substitution or a 'mistake'?

No they cannot offer a substitute. This isn't like online grocery shopping.

Equaliser123

neilmcl wrote: »

As it was sent in error and effectively not as described then make sure you're not out of pocket returning it back to Tesco, they are obliged to cover all costs in its return.

Query whether OP has accepted it by using it.

shaun_from_Africa

No they cannot offer a substitute. This isn't like online grocery shopping.

Yes they can, providing that the possibility of this happening is made clear before the contract is concluded.
If the buyer does not want the substitute, then the retailer is also responsible for the full cost of recovering the unwanted item.

Equaliser123

shaun_from_Africa wrote: »

Yes they can, providing that the possibility of this happening is made clear before the contract is concluded.
If the buyer does not want the substitute, then the retailer is also responsible for the full cost of recovering the unwanted item.

And where is that in Tesco Direct's terms and conditions?

shaun_from_Africa

I've no idea if it is in their terms which is why I stated that a substitute item is only allowed if the stipulation was made before the purchase.
I've never used Tesco direct before, but there may be something on their checkout page about this, if not, there is a bit in their conditions which states

"We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur."

so they are stating that the delivered item may differ from what you ordered, so this may well be good enough as a disclaimer.

Takoda

Did you tell them you still had it?

I reckon it was a present for long lost Auntie Doris from Australia who came over in the middle of November and who unfortuntely for Tesco has now returned home with the camera! She could post it back from Sydney but unfortunately it was swiped by a koala on her farm who grabbed it and jumped back up to the top of the tree. Tesco could ask the bear for it back but I'd tell them not to get to their hopes up.

Or something like that.