PLEASE HELP! I need advice about Tesco & Statutory Rights

masonsuk

I've noticed Tesco have stopped wrapping items in sellophane, whether it be CDs, computer games, or DVDs. The majority of items are no longer wrapped, and this makes things very difficult when needing a refund. Perhaps in future ask if it can be sellophaned when you purchase it, although I dont know if they have that facility?

scraptrap

The people on the Customer Services Helpline have contacted the Stevenage store and arranged for me to go back this evening for a refund of the cd. :T

I can appreciate what Tescos are saying about copyright law, but I haven't copied, opened or even taken the blummin cd out of the bag since I bought it. But there's no way of proving that as it was never in cellophane wrapping to start with. Think they might need to have a bit of a rethink on their packaging!

The Tesco staff I spoke to on the phone today couldn't have been more polite and helpful, just a shame that the manager I spoke to instore was a bit rude - hope he's ok when I go back in later... :eek:

Thank you for all your help MSErs! Knew I could count on you guys :T

achtunglady

i think the cd/dvd companies should coat the disk with a layer that burns off when played, then it would prove without a doubt that the disc had not been played/copied. I worked for woolies on the entertainment department, and even if items were brought back wrapped in cellophane we opened them up, we caught out two lads who shoved in an old manky ps2 game instead of the one that was supposed to be in it,(£39.99 brand new game they bought) and upon closer inspection of the cellophane they had made a slit in the cellophane with a razor then stuck it down with sellotape. They argued the toss that it was sold like that until we said well perhaps the police will fingerprint the case and the disc, upon which they went very quiet and said they would take the game back and didnt want a refund after all.

snu

Unfortunatly the store is in the right.
All Tesco would have to do would be to exchange it if it was faulty. Even then they will only change it for the same title.
The wrapping isn't a written rule, it's what the cSD people use as a grey area - if it's still in it they can refund because there is no way it could have been played.
The store don't do anything to the CDs - they come either unwrapped or wrapped. I have noticed they are wrapping more as it's near to Christmas - but again Tesco do not have to wrap them.

Jon_C

Tesco's willingness to exchange your CD for another but not refund it reveals their real agenda - they just want to keep your money and they don't really care what you swap the CD for.

If they were really concerned about a record company's copyright then they would NOT let people exchange one CD for another.

Unscrupulous customers can buy a CD, copy it, exchange it for another and repeat the process as many times as Tesco will allow (I'm guessing once or maybe twice). Even if a dishonest customer kept the second CD after copying and swapping the first, they would still have breached copyright law and got two albums for the price of one.

I'm not for one second suggesting that the OP is dishonest but I'm illustrating how the manager's explanation was total BS.

Many other shops do this too. Just after Christmas last year I was able to return an unwanted gift (I had it already) to HMV and swap it for another item of the same value with no problems.

If only these retailers would be honest and admit they don't give a damn about the copyright held by record companies or artists - they just don't want customers to get a refund and take their money elsewhere.

sainthalo

Nothing to do with copyright law as that is nothing to do with Tesco because they dont own any copyright and plus there is no copyright law which has anything to do with cellophane or refunds from tesco!!!!!

Some people think if they use the word law it makes them right - and the Tesco clowns who served you are one of them. Make sure you see the same idiot who said the rubbish last time and tell him he shdnt lie to customers about irrelevant laws and make up untruthful excuses.

fubar_2

Its the same with computer games or programs, but your in a catch-22 with those, you only get the EULA (End User Licence Agreement) details once you start installing the program, if you disagree with the EULA conditions then you should be able to return the program back to the place of purchase, but to get the EULA details you have to break the cellophane wrapper which then breaches the stores none return policy because you have broken the cellophane wrapper :?:

blackcateddie

weemee wrote:

Just to confirm this thread for anyone reading so no one misunderstands where they stand;

Tesco were in no way legally obliged to take the item back. Even if the item was fully wrapped (if it had been already) and totally unused the OP had, legally speaking, no right of return.

Thankfully most stores operate a returns policy from a customer services point of view. Generally speaking detail of these policies can be found on the back of your receipt!

these terms are clearly displayed next to the tills and behind customer services - I'm surprised you would buy a Cd that wasn't wrapped in the first place. i know I've picked up several PS2 games and taken them to the desk and when they've got them out and they weren't sealed I've declined. otherwise it just looks like I've bought second hand from ebay:mad: