Tesco's Canvas Photo Centre Refused a Refund Help and advice please

Owookie

Hello,
I hope someone could kindly help me with a problem I have had with Tescos Photo Centre
I purchased a very large Canvas Print on-line on the 12 of Feb for £79.50. I picked the picture up from the Local store on the 21st after not receiving any notification to tell me it was even ready and having to go online to find out what was going on with it.
When I got it home I found that when it had been printed a print flaw (black line) that was going along the bottom of the picture near the fold but clearly visible. The line is about 12 inches long.
I phoned up Tescos this morning and the lady on the phone was more than helpful and apologetic said she would sort another picture for me that I could collect next Friday. She said the team dealing with Canvas prints would not commence the order until Monday when the staff were in. I went to the Tescos Photo centre web site about an hour later to find that they were now offering Half price on all canvas' and my picture would be £39.75. I phone up tescos and said to them as there was a flaw with my picture and the order had been resubmitted can I have my picture at the value it is to purchase now. The guy on the phone told me he could only give me a 20% discount. I said ok can I have a refund then as I am not happy with the picture and I will re submitted the order. He refused to give me a refund. I then asked to speak to his manager who offered me a 25% discount which again I said was not acceptable and asked once more for a refund. He refused to give me a refund saying that I had agreed this morning to another print being made and had committed to to this and so I was not eligible for a refund. I then said to him I will collect the new print next week and instantly ask for a refund as I was not happy. He stated I would not get a refund.

I may be mistaken but I am sure Tesco has no right to refuse me a refund. I'm fuming about this. I thought I was well within my rights to change my mind. Especially if I am not happy and the product was flawed?????

Anyones help and advice is kindly and sincerely appreciated thank you

notanewuser

Owookie wrote: »

Hello,
I hope someone could kindly help me with a problem I have had with Tescos Photo Centre
I purchased a very large Canvas Print on-line on the 12 of Feb for £79.50. I picked the picture up from the Local store on the 21st after not receiving any notification to tell me it was even ready and having to go online to find out what was going on with it.
When I got it home I found that when it had been printed a print flaw (black line) that was going along the bottom of the picture near the fold but clearly visible. The line is about 12 inches long.
I phoned up Tescos this morning and the lady on the phone was more than helpful and apologetic said she would sort another picture for me that I could collect next Friday. She said the team dealing with Canvas prints would not commence the order until Monday when the staff were in. I went to the Tescos Photo centre web site about an hour later to find that they were now offering Half price on all canvas' and my picture would be £39.75. I phone up tescos and said to them as there was a flaw with my picture and the order had been resubmitted can I have my picture at the value it is to purchase now. The guy on the phone told me he could only give me a 20% discount. I said ok can I have a refund then as I am not happy with the picture and I will re submitted the order. He refused to give me a refund. I then asked to speak to his manager who offered me a 25% discount which again I said was not acceptable and asked once more for a refund. He refused to give me a refund saying that I had agreed this morning to another print being made and had committed to to this and so I was not eligible for a refund. I then said to him I will collect the new print next week and instantly ask for a refund as I was not happy. He stated I would not get a refund.

I may be mistaken but I am sure Tesco has no right to refuse me a refund. I'm fuming about this. I thought I was well within my rights to change my mind. Especially if I am not happy and the product was flawed?????

Anyones help and advice is kindly and sincerely appreciated thank you

This is a personalised item. You are entitled to a refund, a repair or a replacement. You are not entitled to decide which of those you get.

It obviously can't be repaired, so Tesco are perfectly within their rights to offer a replacement (cheapest option for them). You were happy to pay £70 for the item a fortnight ago. It now being on sale is nothing to do with it. Take the replacement and 25% discount - it's more than you're entitled to.

unholyangel

notanewuser wrote: »

This is a personalised item. You are entitled to a refund, a repair or a replacement. You are not entitled to decide which of those you get.

It obviously can't be repaired, so Tesco are perfectly within their rights to offer a replacement (cheapest option for them). You were happy to pay £70 for the item a fortnight ago. It now being on sale is nothing to do with it. Take the replacement and 25% discount - it's more than you're entitled to.

OP may not be entitled to a refund under DSRs regulation 10 but under SoGA, he still has the right to outright reject under non-acceptance - a retailer cannot insist on a repair or replacement if acceptance has not yet occurred. Of course, the retailer has no obligation to resell it to him at the lower price though and if he has indeed committed to another print, that confuses matters.

ThumbRemote

notanewuser wrote: »

This is a personalised item. You are entitled to a refund, a repair or a replacement. You are not entitled to decide which of those you get.

It obviously can't be repaired, so Tesco are perfectly within their rights to offer a replacement (cheapest option for them). You were happy to pay £70 for the item a fortnight ago. It now being on sale is nothing to do with it. Take the replacement and 25% discount - it's more than you're entitled to.

This information is completely incorrect. Personalisation has nothing to do with it. OP is entitled to reject the product for a full refund of the £70 paid.

POPPYOSCAR

Strange ,I thought Tesco operated a price match policy if you could buy it from them cheaper within 30 days?

They did this last year with a lawnmower we bought.

notanewuser

ThumbRemote wrote: »

This information is completely incorrect. Personalisation has nothing to do with it. OP is entitled to reject the product for a full refund of the £70 paid.

Please provide proof of this.

gik

ThumbRemote wrote: »

This information is completely incorrect. Personalisation has nothing to do with it. OP is entitled to reject the product for a full refund of the £70 paid.

...but they paid £79.50?. Are you saying they are entitled to less than they paid?

ThumbRemote

notanewuser wrote: »

Please provide proof of this.

It's hardly complex. The Sale of Goods Act allows the rejection of goods that do not conform to contract. After goods have been accepted, then the repair/replace/refund option comes into play.


http://www.legislation.gov.uk/ukpga/1979/54
See section 35.

ThumbRemote

gik wrote: »

...but they paid £79.50?. Are you saying they are entitled to less than they paid?

Apologies, quoted the £70 stated by notanewuser. They'd got everything else wrong, I should have realised that was wrong too.

gik

ThumbRemote wrote: »

It's hardly complex. The Sale of Goods Act allows the rejection of goods that do not conform to contract. After goods have been accepted, then the repair/replace/refund option comes into play.


http://www.legislation.gov.uk/ukpga/1979/54
See section 35.

Even simpler £70 or £79.50?

notanewuser

ThumbRemote wrote: »

It's hardly complex. The Sale of Goods Act allows the rejection of goods that do not conform to contract. After goods have been accepted, then the repair/replace/refund option comes into play.


http://www.legislation.gov.uk/ukpga/1979/54
See section 35.

Please show me the exact clause that allows a customer to reject an order, accept a replacement and then demand a refund before the replacement is produced.