Tesco Direct - the whole truth and nothing but - breaking trading regulations?

SteveCherry

OK a few days ago I ordered a Computer Monitor from Tesco direct, the item was listed as in stock, the order placed and my £123 monitor was being readied for despatch.

I've just received an automated email from Tesco saying the order has been 'cancelled and refunded'.

When I called to find out why the first guy said that they were out of stock and couldn't get any more so the order was refunded (well within 5-7 days anyway).

The problem is that today the price has increased to £162, and appears to be available for order and is indeed in stock.

I had received both a confirmation email, plus they had already debited my card for the £123 so I had assumed that this constituted an offer and contract of sale ('offer to treat' and all that).

So on pressing some more on this I was put through to a 'manager' who let it slip that she was aware the item had increased in price and the order had been cancelled because of a 'pricing error'. That to me put a whole new spin on things. SO not only had I been lied to about the out of stock issue, but they had made a pricing error and corrected it AFTER taking my money!

She banged on about Tesco being a huge company and no way could their T&C's be incorrect and there was nothing I could do except find somewhere else to get the monitor as Tesco would not be delivering it.

SO, that got me thinking (well apart from vowing never to use Tesco Direct again especially after reading their T&C's and approach to pricing and ordering).

So anyway, their T&C state that they reserve the right to change prices, and can cancel at any time until the item is despatched, regardless of whether they have taken payment or not.

Is this correct? Can they really do that? I thought that was at total odds with Sale of Goods Act/Distance Selling etc.

Anyone got any advice or opinions?

Cheers

MamaMoo_2

SteveCherry wrote: »

OK a few days ago I ordered a Computer Monitor from Tesco direct, the item was listed as in stock, the order placed and my £123 monitor was being readied for despatch.

I've just received an automated email from Tesco saying the order has been 'cancelled and refunded'.

When I called to find out why the first guy said that they were out of stock and couldn't get any more so the order was refunded (well within 5-7 days anyway).

The problem is that today the price has increased to £162, and appears to be available for order and is indeed in stock.

I had received both a confirmation email, plus they had already debited my card for the £123 so I had assumed that this constituted an offer and contract of sale ('offer to treat' and all that).

So on pressing some more on this I was put through to a 'manager' who let it slip that she was aware the item had increased in price and the order had been cancelled because of a 'pricing error'. That to me put a whole new spin on things. SO not only had I been lied to about the out of stock issue, but they had made a pricing error and corrected it AFTER taking my money!

She banged on about Tesco being a huge company and no way could their T&C's be incorrect and there was nothing I could do except find somewhere else to get the monitor as Tesco would not be delivering it.

SO, that got me thinking (well apart from vowing never to use Tesco Direct again especially after reading their T&C's and approach to pricing and ordering).

So anyway, their T&C state that they reserve the right to change prices, and can cancel at any time until the item is despatched, regardless of whether they have taken payment or not.

Is this correct? Can they really do that? I thought that was at total odds with Sale of Goods Act/Distance Selling etc.

Anyone got any advice or opinions?

Cheers

Head over to the Consumer Rights board, and read the sticky "Do shops have to sell at the marked price" that'll give you all the relevant info.

However, the short version is (unless Tesco's T&C's state that a contract is formed any earlier) a contract is not formed until the goods have been dispatched, and until they are dispatched and a contract formed, they can withdraw their offer of the sale price.

peachyprice

SteveCherry wrote: »

Is this correct? Can they really do that?

Yes, and yes.

The DSR gives recognises that online pricing errors can and do happen and gives retailers the right to cancel and order right up to the point of dispatch.

SteveCherry

OK, so if I now order at the 'new' price and they actually deliver it, what grounds do I have in trying to obtain a refund for the difference in the two prices?

Given that they cancelled my order (not for stock issues) but because of a price issue.

Bearing in mind of course that the email, and both customer service folk were adamant that it was a 'stock issue'. It was only the manager who let slip that it was a pricing error. There are plenty of other purchasers who have ONLY been told is is 'out of stock' (and clearly is not).

Would that make any difference, or would it just be a discretionary thing based on 'customer service' (something it appears Tesco Direct are rather lacking)

Thanks.

Sooler

They chose not to sell it to you, offer of treat and all that.

DCFC79

Not much you can do, it was simply pulled due to a pricing error, yes it happens and it gets pulled before many are sent out or non at all.

peachyprice

SteveCherry wrote: »

OK, so if I now order at the 'new' price and they actually deliver it, what grounds do I have in trying to obtain a refund for the difference in the two prices?

Absolutely none, that's the price they're offering it at, that's the price you'd be choosing to pay.

Really, there's nowhere to go with this, accept the fact that Tesco have broken no laws, you have no recourse and and move on.