what are my rights please?

harveysnana

ok i bought a shower from online from tesco direct. payment was accepted and i recieved an email stating that it would be dispatched from one of their partners 'nutricentre'. shortly afterwards i got an email telling me that my item was dispatched.

now, the deal was so stupidly good it was too good to be true but on the terms and conditions it says that they can cancel my order and no contract of sale has been entered into until dispatch. to be honest i thought they would realise their mistake and cancel my order.

when they didnt i told family who then asked me to order another 2 for them. i did so and both those showers are now showing as dispatched.

my aunt who also ordered one had a package delivered today with a mouthwash in that she hasnt ordered. as she is over i n malta she has been unable to check the full details yet as it was delivered to her address here in uk.

i also had a red card from delivery company dpd to say they tried to deliver a package...wondering if its my shower? wont know till redelivery tomorrow.

so, what happens if theyve accepted my order for shower...took payment...then theyve sent out an item that wasnt ordered.?

can i demand they send me the shower. i have emails with all details and even pics of the shower .

or can they say im not having it because at £5.00 for a shower i shouldve known better?

cheers in advance guys x

marliepanda

If they did not dispatch a shower then there has not been a contract created. It is only with this dispatch of the actual item (aka they cant send you the shower, then say woops its actually £50.00, you owe us £45.00) If you get a shower, bonus. If not, then no, you have no rights to demand the shower.

You could take them to court, but with it being an obvious misprice it could be difficult, PLUS the fact you ordered an additional two which would be seen as taking advantage of the misprice.