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Tesco consider adding the points of discarded receipt as theft
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Do Tesco still let tramps pick up old ciggy butts off the ground or have they banned that too?0
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For a start, they must be non-discriminatory.There is no law at play here, since it is a private members scheme for collecting points; there is no law governing that and the T&Cs quoted do not override any laws.
It is a legal contract, so in any conceivable way. In particular, I'd hope that Tesco's would have had legal advice in drafting them. Though bearing in mind the end result, maybe not.Could you suggest how the legal profession might get involved in the T&Cs of the points system?0 -
There is no law at play here
Sorry, you are wrong.
Contract law is 'at play'.
Obviously there must be a law at play otherwise how could you distinguish between legal and illegal terms and conditions.Could you suggest how the legal profession might get involved in the T&Cs of the points system?
Whenever you have any term, condition, obligation, or restraint the legal profession might become involved to determine the legality or to argue the interpretation of the relevant clause(s).There are two types of people in the world: Those that can extrapolate information.0 -
T & Cs Item 17
Members must present their Clubcard card or key fob at the checkout in order to collect points for a transaction in store. Members who forget to do this may have their points added manually up to 14 days after the transaction upon production of a valid receipt, providing the receipt belongs to the claiming member and is based on their personal spend. Points may only be claimed for up to two receipts per day.
The details in the T & Cs explicitly say, points can only be added on where the receipt relent to their personal spend - so how on earth can that be interpreted to mean it was ok to acquire the points from someone else's receipt.
Tesco don't need to say you what you can't do, only what you can do.
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1 Tesco do need to say what one can or cannot do in their t&cs. It is a contract and, as such, would be pretty useless had they not. That's the whole point of a contract.
2 Nobody has said it was ok for the OP to acquire points from somebody else.
Rather, we have discussed the fact that Tesco failed to address the issue of unclaimed/unwanted points in their terms.
3 Clause 17 you have posted above states what a member can do to have their points credited to their card in the event they forget to do so at the time of purchase.
That does not address the issue of unclaimed/unwanted points.
It addresses the issue of members forgetting to claim their points.
Completely different scenario.0 -
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Whilst the T & Cs explain what can happen via Clubcard, the Store aren't obliged to follow that themselves, Security (as has been said already) can ban people if they deem it necessary - though how they do that I don't know.
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Why are you making a statement of fact yet in the same sentence admit you don't know how they do it?0 -
On the face of it the action for just two points could be OTT, on the other hand:
- Security could have been on the 'look out' for 'womblers' and either he was just unlucky or they recognised him from previous occasions.
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Had you read the OP's posts you would be aware that he states he didn't know how Tesco treat unclaimed/unwanted posts and it was the first time he had asked to have points credited to his card in these circumstances.0 -
I watched this thread with interest - we've had debates on Law, spurious analogies and even on grammar - I personally viewed 'taken' as the writers' shorthand for 'they asked me to accompany them to somewhere more private to discuss the matter'.
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A security guard confronting what he believes is a shoplifter, we know this as the guard called him a thief, is not going to give that shoplifter a choice in taking him to a backroom.
The OP and guard were hardly going to hold hands whilst skipping to the back room giving each other loving glances.
A security guard may ask, with cherries on top, but there would be no choice in the matter had the OP agreed or disagreed to this.0 -
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