Tesco - missold laptop

choccyface2006

Hi,

I recently bought an Acer laptop from Tesco direct (31st March), it was everything I wanted with £100 off, Quidco cashback and triple clubcard points. :j

I first saw it in the new Tesco direct catologue page 759, bottom item (200-0060) but couldn't stretch to £599 so I was delighted to find it had been reduced.

Next to the description is the processor logo AMD turion 64x2 Great for me as I was upgrading and really wanted a faster dual core machine.

I noticed online that the graphics were differant to those in the catologue but there was a clear notice so that was fine.

In the online description it said "The Aspire 9301 combines value and Dual core performance in a stylish, easy-to-use package"

So, I ordered but when it came the processor wasn't dual core, it was the regular Turion 64 (minus the all important x2) :mad: :mad: :mad:

I emailed Tesco, very annoyed that I have been sold a laptop with the most important componant inferior to the one advertised. I haven't had a reply yet, just an acknowledgement.

They have since updated their website to reflect the error (there is only 3 USB ports instead of 4 too, as well as the graphics being differant so a whole load of errors) Here is the laptop decription now. Good job I took some screen shots beforehand.

So, my question is, how are Tesco likely to correct this? I don't want a refund, I am otherwise happy with my laptop I just want the processor that I thought I'd paid for. I cannot afford to put any extra money towards a higher priced machine either and they don't seem to have another Acer with an equal processor at the same price.

Can anyone advise me about what they may come back with. Also am I best to write to them instead of emailing?

Thanks!

Sarah x

colin79666

I would stick to email unless you aren't getting anywhere with it. You could always phone them if you want an instant responce.

I think your best option might be a refund as its not like they can really do anything else. If you are really luckly they might offer a higher spec machine in exchange for the one you were sent but I wouldn't bet on it.

Butlers1982

they have disclaimers for their errors.

http://www.tesco.com/termsandconditions/termsconditionsGeneral.htm#liability

see section 13.

i think they will offer you £50 or offer to pay for the upgrade?

they are wrong but big companies manage to get away with things like this

Sooler

Some info here about misdescribed goods
http://www.bbc.co.uk/consumer/your_rights/goods.shtml

"At the end of March 2003, the rights available to a consumer who buys defective/misdescribed goods changed. First and foremost a consumer is entitled to have goods repaired. If repair is impossible or would cause significant inconvenience, the consumer is entitled to replacement goods. Where goods can't be replaced, a dissatisfied consumer is entitled to an appropriate price reduction or refund. Note it may not be a full refund because wear and tear will be taken into consideration."


I'd push for a free upgrade, the T&C disclaimer does not override consumer rights ... "THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS."


Tesco's misdescribed it, they are obliged to resolve it as above.

Sooler

useful info here ...

http://www.oft.gov.uk/news/press/2003/pn_77-03
Computer companies warned over unfair contracts and sales methods

Consumers who buy computers from Micro Anvika Ltd will get a fairer deal, following action by the OFT.

The company has given undertakings that it will stop using unfair terms in its consumer contract and will abide by distance selling laws. It has also promised to revise its terms to remove the unfairness. This follows a complaint by their local trading standards department. It has undertaken not to:
...
* exclude liability for mistakes or inaccuracies on its website

SuperNashwan

Sooler wrote: »

Some info here about misdescribed goods
http://www.bbc.co.uk/consumer/your_rights/goods.shtml

"At the end of March 2003, the rights available to a consumer who buys defective/misdescribed goods changed. First and foremost a consumer is entitled to have goods repaired. If repair is impossible or would cause significant inconvenience, the consumer is entitled to replacement goods. Where goods can't be replaced, a dissatisfied consumer is entitled to an appropriate price reduction or refund. Note it may not be a full refund because wear and tear will be taken into consideration."


I'd push for a free upgrade, the T&C disclaimer does not override consumer rights ... "THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS."


Tesco's misdescribed it, they are obliged to resolve it as above.

I agree with this. Ordinarily specific performance is a remedy unavailable in English contract law but, probably because it's European in origin, the 2003 amendment to the SoGA gives you some hope of getting an appropriate reduction in the price payed or the retailer to replace the goods so they're in conformity with the contract. If you think you need to quote chapter and verse at them I or another poster round these parts can easily point you to the right sections.
Because PC component prices are constantly changing I'd recommend you immediately get some screen grabs from a few websites illustrating the market price difference between the processor you thought you were getting and the one you actually got; that'll give you a good idea what to make of any reduction in price they might offer.

choccyface2006

Thanks so much Sooler and SuperNaswan. I still have not had a response but I am far better equipped to deal with it now when I do.

Does anyone know how much the performance of my laptop will suffer as a result of not being dual core? I ask because I might take a price reduction if offered if there is no way that they can upgrade free of charge. Also I notice they are having stock problems with their Acer laptops so actually getting an upgrade might take time and the next model up runs on XP whereas I am really liking Vista and don't want to go back.

Thanks

Sarah

choccyface2006

...I am going to get those screen grabs now, good idea SuperNaswan!

choccyface2006

Got my screen grab.

The next model up that has the x2 processor is £119.98 more expensive on the Acer site (and my model is the same price as I paid - £499) but it does have a larger hard drive (160GB as oppose to 120GB) and a better graphics card. So I guess they might just refund part of the differance if I'm lucky.

Sarah

choccyface2006

Can anyone advise me on what to do now?

I recieved this reply this morning and I'm not happy!!


I am sorry for any confusion caused by the Laptop you?d recently ordered from us.

I have checked our site and can see that the specification has changed and
reads:

Graphics stated previously were incorrect, this model comes with: Onboard
graphics NVIDIA GeForce Go 6100 This laptop is not dual core. 3x USB Ports.

I?m sorry we?re unable to exchange this item, but we?d be happy to process a
refund for you, if the item is returned in ?as sold? condition.

We hope you'll always be very pleased with every purchase from Tesco Direct.
But, if this is not the case, I have given you the information you need on how
to make a return to us.


So they think its okay to sell a missdecribed item as long as the decription is amended after the item has been recieved and just give a refund instead of a price reduction or upgrade. I have no chance of a refund anyway as I have opened it.

I am soo mad!

Sarah

Little_John

Contact tradeing standards. they failed to meet the contract that was set up as soon as they accepted and dispatched your order.

If tesco had canceled the order before taking any money and shipping th elaptop then they would have been covered but they took funds and shipped.

Tradeing standards will be better to advise you on where to take things now, I always take a screen capture when buying anything expensive online like the laptop I ordered from a company the price was very good hundreds less than RRP so I took a screen grab. The company has claimed many things to get out of shipping the laptop, like its discontinued no longer in stock etc so I contacted TS and they are chaseing them up. they didnt ship my laptop so I have no claim really but they should not display misleading prices like that.