Tesco Direct Black Friday items - big disappointment

belbeta

Hi I am new to the forum and looking for a bit of advice.


I ordered several items on Black Friday from Tesco Direct (stupidly I saw them in the store a few days later but didn't buy them as had already placed my order) and four weeks later I still have not received them. I have been tracking them online and a week after I purchased them they were dispatched to the local depot and subsequently called to ask when they would be coming into the store and they said that they would follow up with Yodel. I gave them a call on Monday to ask if they could update me on my order and they said that they would follow up with Yodel again. I spoke to them in the afternoon and they said that Yodel have mislaid the package and therefore the solutions they are proposing are:
a) Cancel and refund my payment
b) substitute my order however they have no products that for a similar value (due to good discounts in Blackfriday) and therefore said that this was not feasible
c) wait until items come back in stock - they could not confirm when this will be or if they will come back in stock.


I am really disappointed as Tesco have taken the money from my account and I can't believe that almost 4 weeks later I have not received the items, had no feedback or action from my previous call and now I am without the items. Some of the items were a great price on BlackFriday e.g. tablet, Dyson hoover with a huge discount applied. I have said to Tesco these items have went up in price in other stores and are no longer available at the Black Friday prices that they and other stores had available at the time.


As payment has been taken from my account and the items dispatched and lost (I asked did they not have an insurance policy/service level agreement with Yodel or ask them to try and look for the package), I am looking for some advice on what to do next. When speaking to Customer Services, I have not found them to be very helpful so was thinking of tweeting them directly or any other advice on what to do.


Sorry for the big rant (was trying to get all the details in)

agrinnall

I suspect money back is the best you'll get out of this, and that will satisfy Tesco's legal obligation to you.

spo2

At least you're getting a choice of what to do - I ordered an item with Tesco on Black Friday using click and collect. On the date it should have been ready to collect I checked the order and it said "awaiting dispatch"

I emailed them and two days later they replied "it's out of stock, we will refund you". Should they not have let me know before the pick up date!!?? Or should they not have taken it off their site once it sold out instead of taking the payment?

Also it is now almost twice the price anywhere else now! Plus I'd paid half of it using clubcard boost so it was a really good deal

belbeta

Spo2 I understand your frustrations and have been surprised by their issues in delivery of items. However, what has annoys me in relation to my order is that my items have been dispatched so the item was in stock when dispatched - I don't mind waiting for a few days for them to find it but the solution of just refunding me is totally unacceptable as you say the items are now almost twice the price everywhere now.
03/12/201514:12Parcel is with our carrierXXXXXX02/12/201517:30Parcel at carrier sort centreLeamington Spa02/12/201501:50Your parcel has been dispatchedFennylock FC

unholyangel

agrinnall wrote: »

I suspect money back is the best you'll get out of this, and that will satisfy Tesco's legal obligation to you.

If a contract has been formed, they can't end the contract without being liable for the other parties losses - just the same way that consumers have no automatic right to cancel (except where mandated by law of course) and can be liable for losses incurred by the retailer.

So every possibility that a refund won't satisfy their legal obligation as it sounds like a contract has been formed.

agrinnall

unholyangel wrote: »

If a contract has been formed, they can't end the contract without being liable for the other parties losses - just the same way that consumers have no automatic right to cancel (except where mandated by law of course) and can be liable for losses incurred by the retailer.

So every possibility that a refund won't satisfy their legal obligation as it sounds like a contract has been formed.

Yes, you might be right, I'm not familiar with the Tesco T&Cs but given that dispatch has happened that could well mean the contract has been formed. Even so, they may argue that a full refund would put the OP back into the position before placing the order so there would have been no loss - it would then be a question of whether loss of bargain would apply, and that's not so easy to win.

unholyangel

That would only be the case if there was a good reason not to claim expected losses (ie where expectation losses are immeasurable).

This page explains it a bit better:
http://www.drukker.co.uk/publications/reference/damages/#.VnmFtfmLSUl

Or this one:
http://www.gannons.co.uk/services/dispute-resolution/breach-of-contract/