Complain to Tesco or Trading Standards?

turtle2k1

Surley there's more in life to worry about? They offered to sell it at £2.50 and he still wasn't happy :mad:

Poppy9

After speaking to consumer direct they requested he emailed TS with his complaint about misleading prices and the picture showing the display and price ticket. They said the amount was immaterial especially as it was over 100% overcharge and it's the offence that is important. According to CD he will now take no part in the investigation as he has merely reported the offence and it's upto TS to investigate.

As another poster mentioned Tesco have a double the difference policy, which replaced their refund and retain policy, because it's an offence to mislead customers with regard to the price of an item. They introduced this policy to stop themselves incurring fines for overcharging customers. A shop selling goods is making an offer to treat and they don't have to sell if they have mispriced the item if they notice before they make the sale but they didn't notice the misprice and they sold the item.

He took the picture of the display as previous experience has shown that staff remove labels when they go out to check the display for price and then deny it was ever there.

heather38

but if the staff member said that the sel wasn't for that product then he doesn't have a case. on tesco sel's the bar code of the product is printed on the label, if the bar code on the product and on the label don't match then the sel wasn't for that product and therefore the game wasn't £2.50

Poppy9

Call me simple but that indicates to me that the Friends game is reduced to £2.50

malky39

as said a price shown is an invitation to treat, this is the shop inviting the shopper to treat them self to this product, the shopper then must produce the product for purchase at which point the shop can refuse to sell the product to the customer. So when people say it is shown at that price so i have to get it at that price they are incorrect, but what will usually happen is that the shop will usually give the customer the item at that price if many of the same items have been mis priced but if its a one of genuine mistake they may not

Coupon-mad

What does the yellow SEL say, poppy9?

If it says 'Friends Trivia game' then OF COURSE he has a case, no customer can be expected to compare barcodes!!

But if it were me I would phone Dundee customer service & complain, they should send a giftcard & apologise, one would hope.

Let TS do their investigation as well but your friend should be due an apology and a nominal gesture. He should not have returned the item for a refund though, there's always 28 days to do that.....no rush in such circumstances, always keep the item for a while!

Murtle

It's £2.50m something but the picture isn't clear enough to read what i's regading. It may be Friends, but just because it's infront of the friends item I wouldn't assume it's for Friends.

Coupon-mad

malky39 wrote: »

as said a price shown is an invitation to treat, this is the shop inviting the shopper to treat them self to this product, the shopper then must produce the product for purchase at which point the shop can refuse to sell the product to the customer. So when people say it is shown at that price so i have to get it at that price they are incorrect, but what will usually happen is that the shop will usually give the customer the item at that price if many of the same items have been mis priced but if its a one of genuine mistake they may not

Yes but the customer had already paid, so Tesco's DTD policy should have applied as he WAS ALREADY overcharged (if the yellow SEL states that game).

dog_food

Unreal. They gave you a refund, go home and forget about it. Alternatively, if your time is that cheap, you could spend the rest of your life talking to people about.

MyUserNamesTaken

heather38 wrote: »

but if the staff member said that the sel wasn't for that product then he doesn't have a case. on tesco sel's the bar code of the product is printed on the label, if the bar code on the product and on the label don't match then the sel wasn't for that product and therefore the game wasn't £2.50

Sorry, but you're wrong. If the SEL said "Friends Trivia Game - £2.50" and that is what he purchased, then he does have a case. Products can and do sometimes have different barcodes when the packaging changes, etc. There are many reasons why this happens. If the SEL was sufficiently misleading, then an offence has been committed.


Oh, and for those going on about Contract Law, go away...this isn't about Contract Law....and seeing as he had already made the purchase based on the SEL and was not informed at time that his offer of £2.50 was not being accepted and a counter offer of a higher price was being made, then his contract to purchase the game for £2.50 (his offer when he took the item to the checkout) has also been breached.

If you're going to go on about the legal arguments, at least stick to the right legal field. This is about consumer law.