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

gik

ThumbRemote wrote: »

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

Right, it's someone else's fault that you failed to read the OP properly ?

ThumbRemote

notanewuser wrote: »

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.

Ah, so now you're on a completely different tack to post 2.

OP has indicated a replacement would be acceptable. This now falls outside the scope of the SoGA, for both OP and Tesco. It could argued that Tesco had no legal right to offer a replacement to OP; the only option the SoGA gives is to refund and let OP choose to place a new order if they wish.

ThumbRemote

gik wrote: »

Right, it's someone else's fault that you failed to read the OP properly ?

Where did I say I failed to read the OP properly?

Clearly I failed to remember the OP properly. The two are quite different.

gik

ThumbRemote wrote: »

Where did I say I failed to read the OP properly?

Clearly I failed to remember the OP properly. The two are quite different.

Is that all you've got? Oh dear!

visidigi

ThumbRemote wrote: »

Ah, so now you're on a completely different tack to post 2.

OP has indicated a replacement would be acceptable. This now falls outside the scope of the SoGA, for both OP and Tesco. It could argued that Tesco had no legal right to offer a replacement to OP; the only option the SoGA gives is to refund and let OP choose to place a new order if they wish.

That works on the theory that Tesco are obligated to educate the customer on their legal rights - they are not.

Tesco produced a product (through a third party I don't doubt), there was a flaw, customer complained, customer accepted a reprint of the item.

Customer then went online and saw it was half price if you began a transaction NOW. As the customers transaction was already in place and as the customer accepted the reprint of the item they aren't then legally entitled to a refund.

The fact remains that Tesco are not legally obligated to retrospectively apply a price offered today on an order placed prior to its existence.

The OP accepted Tesco's offer to buy the item at the price on offer at the time and that is the contract in place.

Bantex_2

Can a customer just reject custom, made to order items with no comeback?
Doesn't sound quite right.

ThumbRemote

Bantex wrote: »

Can a customer just reject custom, made to order items with no comeback?
Doesn't sound quite right.

If they fail to conform to contract, yes.

Bantex_2

ThumbRemote wrote: »

If they fail to conform to contract, yes.

Would not the offer to reprint, bring them back within contract?

bris

ThumbRemote wrote: »

If they fail to conform to contract, yes.

You once again fail to realise that by accepting the offer of a replacement they have formed a new contract, rejection is no longer possible. Please try to understand the basic concept of contract law.

halibut2209

post #13 would contradict that.