Illegal cancellation?

Tom59

Going back to my original post, irrespective of their term and conditions, is there not a legally made contract after money has changed hands? I can't believe that the world stops with Tesco T&C's.

squeaky

See our ReadMe sticky. In particular, this bit:- When is an on-line contract formed? (They took my money - but then declined the order)

Hintza

Tom59 wrote: »

Going back to my original post, irrespective of their term and conditions, is there not a legally made contract after money has changed hands? I can't believe that the world stops with Tesco T&C's.

You have every right to take them to court to challenge their T&Cs. Are you man enough to give it a go?

antrobus

Tom59 wrote: »

Is it worth my while taking this up with Trading Standards and or my credit card supplier?

No, but it might be worth complaining to Tesco Central Command on the basis that they might well sent you a £10 giftcard (or something like that) in recompense.

punkpink

Tom59 wrote: »

Having now read the terms and conditions. I can see where they have said that they do not need to honour any agreement until the item is dispatched.
I also see the bit that says that if an item is out of stock, it will be clearly marked on the web site.
Why did the Tesco rep feel that he had to give me a story about being out of stock?
Not only have they conned me but they are lying about it too.

Well, personally i would me more annoyed i was lied to on the phone, which actually goes AGAINST their T&Cs;

If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 7 below.

This however, is not what they put into practice if they told you the item was OOS rather than inform you of the price change so you could make your own decision.

But realistically you don't have a leg to stand on, no contract, they do not have to sell it to you. annoying though isn't it.

System

Tom59 wrote: »

Having now read the terms and conditions. I can see where they have said that they do not need to honour any agreement until the item is dispatched.
I also see the bit that says that if an item is out of stock, it will be clearly marked on the web site.
Why did the Tesco rep feel that he had to give me a story about being out of stock?
Not only have they conned me but they are lying about it too.

In theory it could have been out of stock, the physical quantity of stock does not always match the theoretical quantity of stock. When you ordered you may have got the last item the system believed was in stock, then when the request went to the warehouse to pick the item it is possible that the one item left was damaged so not fit for sale, or there could have been a miscount when the stock was placed in the warehouse.

The fact the item's price has been corrected and the item is still out of stock implies that the item is out of stock and they are not lying to you.....

Tom59

I am not happy at being lied to, so this is not finished. It is now obvious that they have got it stirched up in the T&C's, however this does not stop me from complaining directlty to Tesco head Office. I will be requiring a proper explanation of what EXACTLY happened with my order. I have the operator name, date and time, so it will be interesting to see if the "System" cannot be checked.

Tom59

goater78 wrote: »

The fact the item's price has been corrected and the item is still out of stock implies that the item is out of stock and they are not lying to you.....

The item is still on sale ergo "In stock"

arcon5

If a company has run out of stock it's not usually time effective to update the website, especially if they know they have more stock coming in.

wealdroam

Tom59 wrote: »

Going back to my original post, irrespective of their term and conditions, is there not a legally made contract after money has changed hands? I can't believe that the world stops with Tesco T&C's.

Tom, the world does not stop with Tesco.

When you buy something online, you agree to Terms and Conditions.
Generally these are provided by the seller, but there is no legal reason why there shouldn't be a discussion on what the exact t&cs for a particular transaction should be.
Clearly that might be a long drawn out process, and I am pretty sure that Tesco would not be interested in selling to you if you did not agree their T&Cs.

SOGA tells us...

Payment and delivery are concurrent conditions.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

The important words there are Unless otherwise agreed.

In other words, the law allows for the buyer and seller to agree exactly when the contract is formed.
Tesco proposed the contract is formed at despatch, and you agreed with that proposal by continuing the ordering process.