Tesco - missold laptop

choccyface2006

Thanks LittleJohn,

I emailed them to say I still was not happy and was going to take the matter to a higher leval. The replied and said

"I am really sorry you remain unhappy. As the laptop is not as described, we can arrange to take this back for you.
All you would need to do is to re-package this and let me know and I can arrange to pick up for you."

The trouble is that I do not have extra money to put towards a better laptop, I just wish I had the one I ordered.

Sarah

SuperNashwan

Well, it depends on how much time you want to waste on this and what outcome you want for how you proceed next. Personally I would shrug and move on but there's plenty of room for you to be difficult because of the legislation I mentioned above. Have a read here. It's a little convoluted but if you read carefully you'll see there is an heirarchy of remedies; ignoring "repair" as inapplicable the top option is replacement with goods in conformity with the contract unless that's impossible (no stock, that spec never really existed etc etc) or replacement is disproportionate to reduction in the purchase price or full cancellation and refund. If it were me I would write back to Tesco and ask them to explain how they have decided replacement is impossible or disproportionate under s.48B of the SoGA. And as s.48C initially allows you to require either a reduction or full cancellation I would ask them to come up with a figure for a reduction in price so you can get back to them with your decision (nb a court can later force you to take another remedy if appropriate: s.48E). In my experience quoting the actual sections at them is likely to move your complaint to someone more senior who may actually understand what you're talking about, so it's a useful tactic.
As for having to return the item "as sold", ignore that, as long as you haven't done anything extreme to make ownership of the item reverting to Tesco nonsensical (um, maybe like carving your initials in it) they can't make a fuss because the packaging is open or whatever else they were thinking.
Remember that if Tesco don't want to play ball you're going to be out of luck because you can't force them to do anything without seeing the inside of a court room; the best you could hope for is a sympathetic Trading Standards officer leaning on them a bit, so don't waste too much time on this.

choccyface2006

Thanks, I won't. I think I would happily settle for a reduction in the price as a replacement is out of the question really so I will try to get this but as you said it not worth enough to me to take this mush further than that, certainly not to court.

Sarah

Sooler

It appears that Tesco are just trying to coerce you into accepting the option that would be best for them.

I'd state that the option of a full refund would be of "significant inconvenience" as you'd be without a laptop for a period of time and you'd have to shop around again and wait for delivery.

Tesco's can always source one direct from Acer, so replacement is not impossible but may be disproportionate compared to a reduction in the purchase price.

Sooler

choccyface2006 wrote: »

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.

They amend the description and keep quiet about it by not informing anyone who has already purchased one - hoping buyers don't notice they didn't get what they ordered.

choccyface2006

Update - I got £35 refund. Reasonably happy with this, it beats sending the laptop back and looking for another one, I would have rather had the original processor but hey-ho.

Sarah