Tesco direct order cancelled AFTER notification ready to collect in store

meanmum

What are my rights in this situation, I believe a contract has been made.
I ordered a camera from Tesco Direct (using a £10 off £75 spend code). My credit card has been debited and the camera sent to store, but when I went to pick it up, they couldn't find it, although their system said it should be there. They have now cancelled the order and promised to refund my payment.
The camera was a really good deal, especially with the £10 off, and I now cannot find it for anywhere near that price (£55 more). I have also missed out on using the Telegraph Argos £10 voucher for my 2nd choice purchase when I ordered from Tesco.
I have effectively lost out to the tune of £55. Do I have any comeback with Tesco?

frugal_mike

What do the terms and conditions say about when the contract is formed when delivering to store for collection?

meanmum

15. ACCEPTANCE OF ORDERS

15.1 Your order is an offer to buy from us. We will send you an order confirmation email detailing the products you have ordered and an estimated date for delivery or collection in store, as applicable. Please note that this email is not acceptance of your order by Tesco.

15.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you or notifying you when a product will be available to collect in store (as applicable). At this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us. Where products are despatched or made available to collect in store separately, our acceptance of the order in respect of each product takes place when we notify you by email of such despatch.

15.3 After the time the contract is made, you cannot amend your order (however, you may cancel an order set out in our return and refund policy).

15.4 At any point up until the contract is made, we may decline to supply a product to you. If we decline to supply a product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product in accordance with our return and refund policy.

meanmum

I did get an email telling me the camera was available to pick up in store. Thus I believe a contract was formed.
What can I reasonably expect them to do for breaking this contract?

Valli

Presumably you have kept the email confirming the order is ready to collect?

meanmum

yes, I have the e-mail. I am now pretty sure they are in breach of contract & plan to contact them today.

Cycrow

Im surprised they canceled the order, usually if it doesn't turn up they just reorder it.
unless they cant get hold of any more, if thats the case theres very little you could do

halibut2209

The contract was in place. If they fail to fulfil it, this is one of those occasions where you could sue for 'loss of bargain'

Valli

There you go - halibut has said what I would have done.

Halibut - would you advise sending a Letter before Action first?

In addition to the documents you have from Tesco I suggest that, in the meantime, you obtain evidence of the same item being available elsewhere AND THE PRICE YOU WOULD HAVE TO PAY.

halibut2209

A good idea. Advise them that you expect a camera at the price paid due to the contract being formed (quote their own terms), and if not you will purchase the item elsewhere and sue them for the difference under "loss of bargain". Tell them they have 14 days before you take further action

As a side note, you have a duty to mitigate your losses so have a browse around for other prices. Don't get the most expensive one!

EDIT: And get screengrabs and printouts of their T&Cs in case they decide to alter them

bcl999

I always thought that under contract law they only had to put you back into the position you were in before the contract was formed e.g you didn't have the camera before the contract was formed so a refund satisfies contract law.