Complain to Tesco or Trading Standards?

Poppy9

I can't make out the wording but Tesco's are not denying that the label said Friends game but that because it said reduced from £5 not the £5.97 that he was charged it wasn't a mis-price!

He refunded because he didn't like the SA attitude and he didn't want to give them his business.

Poppy9

Murtle wrote: »

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.

So what would you think it referred to then? I rely on shelf prices when I'm shopping, isn't that what they are there for? If it's something I don't normally buy or it's reduced or on offer I check it says the same on the label as the goods I'm buying but I don't check bar codes.

saintscouple

Poppy9 wrote: »

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

If you're going to take photographic evidence, you need to ensure the writing on the sel is legiable. Unfortuately this photo doesn't prove the sel is for that product.
I also thought that you need the stores permission to take photographic evidence and without this consent the photo cannot be used as evidence, though i may be wrong.

alternate

I'm all for putting the boot in to tesco but this all seems a little sad.

marcellep

I agree with many other posters - You taken the refund - Forget about it

Poppy9

For those who say forget it I think you forget what site you are on. Look up to the top of the page under MoneySavingExpert.com and it says in capitals: CONSUMER REVENGE.

This site is about fighting back when retailers are ripping you off. If you are happy that Tesco has breaks the law by misleading you over price and are happy to be charged £6 for an item it has a price label indicating £2.50 then fine carry on being ripped off. It's your money and I wonder why you have joined this site. I'm of the opinion being a MSE that every penny counts and I check my receipts to ensure I'm paying the correct price as it's strange how 99% of Tesco's misprices are in their favour not the shoppers. Tesco's are no stranger to reporting their competitors to TS for misleading prices over a few pence. Perhaps I would be better off telling Asda so they can get their revenge for the fines that have been imposed on them as a result of Tescos complaints. To reiterate. Tesco have a DTD policy to avoid paying such fines. Most items in Tescos are low value and they count on most people not bothering with complaining about being overcharged as it's for pence. The more apathy there is the more profit they make. If you feel it's wasting my time don't bother wasting your time commenting on the thread as you obviously have better things to do!

Re taking pictures. I've seen from other Tesco threads that people have been told to stop taking pictures and it's been commented that it's a civil not a criminal matter. If Tesco has signs saying "no photography" then they can ask you to leave the store if you do. They can't have you arrested though as no criminal offence has taken place and they cannot confiscate your camera. The photographer in this case was well aware of the law being an enforcer of the law himself.

Myself I frequently take pictures of items in various stores in full view of staff. I'm usually SMS them to my DD to see if she likes the item which saves me buying it and taking it home to be told that it's "old fashioned" or just plain "minging". The SA in Next even offered to hold the boots for me while I took the picture!

sco0ter

Poppy9 wrote: »

This site is about fighting back when retailers are ripping you off. If you are happy that Tesco has breaks the law by misleading you over price and are happy to be charged £6 for an item it has a price label indicating £2.50 then fine carry on being ripped off. It's your money and I wonder why you have joined this site.

But the one thing being was you weren't ripped off... The person complained and was offered the item at the discounted price so therefore they were not getting away with anything.. The price MAY have been misleading but they were willing to give the item at that price when others have said they didn't have to. If you took an item to the cash desk and it came up at £1 and they said "but its displayed at £2.50 the bar code must be wrong so you owe us another £1.50" would you have paid it????

There have been MORE expensive mistakes and price errors reported here. At least you got offered the item at the discounted price.. Many don't even get that opportunity and its a take it or leave it offer. There is no use in getting all heated just because you strongly feel that you were ripped off and others don't agree.

sco0ter

MyUserNamesTaken wrote: »

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.

But surely that is dependent on the SA KNOWING that the item was for sale for £2.50 in order to inform the customer that his offer was not being accepted and a counter offer was being made. As the SA cant be expected to know the price of EVERYTHING from memory then how can they be held responsible for breaching his contract to purchase at a sale price???. Does the fact that CS rectified this and gave him back his offer to purchase for £2.50 not amend that???

Also if the person had misread the sel (wrong item/Wrong edition as there are more than one friends game) then surely nothing has been broken and TESCO are not to blame at all.

Just another little point

ARGOS advertised a TOMTOM 720 for £159.99 in one of thier e-mails.(normal price £221). People went down and could only purchase at the higher price as they would not honour it. If I had bought it at the higher price what would have been my stand on getting the difference refunded as I had hard evidence about the offer and if nobody had told me that my offer of £159.99 was being rejected and I had to pay the full price.

MyUserNamesTaken

sco0ter wrote: »

But surely that is dependent on the SA KNOWING that the item was for sale for £2.50 in order to inform the customer that his offer was not being accepted and a counter offer was being made. As the SA cant be expected to know the price of EVERYTHING from memory then how can they be held responsible for breaching his contract to purchase at a sale price???

Irrelevant - the SA works for and on behalf of Tesco. The SA merely operates the till and takes the payment. The price is set centrally through Tesco's system. So, even though the SA is operating the till, the counter-offer is still being made by Tesco. The customer was not made aware that he could have the item at a higher price until after he'd already paid for his shopping. Thus, the contract was broken.

sco0ter wrote:

Does the fact that CS rectified this and gave him back his offer to purchase for £2.50 not amend that???

No, it doesn't. Tesco's Price Promise is a nationally advertised promise, displayed behind the CS of every Tesco store. It is also posted on every single checkout, and even in the Petrol stations. Where the store does not have a CS desk, it's displayed behind the cigarette kiosk. Due to this being a nationally advertised policy, it could easily be argued that the policy has become a part of the contract when purchasing anything from Tesco, as it has affected the shopper's decision to use Tesco for hs/her purchasing needs. Tesco is trying to buy consumer confidence, and uses this policy to entice people into the stores and shop with them. After all, if the customer is overcharged, they will receive double the difference...or they should do. In this case, that did not happen. The store refused to honour the policy, even though the customer had been overcharged (assuming the customer had not misread the SEL).

sco0ter wrote:

Also if the person had misread the sel (wrong item/Wrong edition as there are more than one friends game) then surely nothing has been broken and TESCO are not to blame at all.

Sorry, but Tesco is still to blame if the SEL is misleading. If there are two different versions of the Friends game, the SEL should make it clear which one has been reduced. If it's misleading in any way, a criminal offence has been committed. The law states that the price indication has to be clear and unambiguous.

sco0ter wrote:

Just another little point

ARGOS advertised a TOMTOM 720 for £159.99 in one of thier e-mails.(normal price £221). People went down and could only purchase at the higher price as they would not honour it. If I had bought it at the higher price what would have been my stand on getting the difference refunded as I had hard evidence about the offer and if nobody had told me that my offer of £159.99 was being rejected and I had to pay the full price.

Argos' advert was an invitation to treat. They gave customers the option (counter-offer - sorry, sir, it's a misprint....you can buy it for such and such an amount, but I am not allowed to sell it for price advertised, as it was a mistake) before people paid for the item. See the difference? I know people who had the misprice honoured, by the way. If you had gone to Argos an attempted to buy it for the lower price, the SA would have told you the higher price before taking payment (which is what happened in most cases).

Point of the matter is the offer and acceptance are not relevant here. This is about Consumer Law. Google misleading price indications and see what you get.

sco0ter

MyUserNamesTaken wrote: »

Google misleading price indications and see what you get.

After having a look through various things on the net it there is no doubt that a misleading price was in place but ONLY if the information on the SEL was wrong, And since we do not have a complete view of that then it is hard to say if it was.... Another thing that seems to come up a lot is the fact that the Misleading price is if they advertise an item for a set price and then charge higher.. As Tesco reduced the item after the querie then they are not guilty as the Consumer lost nothing out of it getting the item for the advertised price. The Price Promise is a TESCO only thing and therefore should have been dealt with by the buyer all they had to do was take the reduction then name of the person serving and contact head office for clarification or explenation. There also is another little paragraph in the Code Of Practice For Traders that states

It is guidance, rather than mandatory, although it may be taken into account in establishing whether an offence has been committed under the Act. You may, therefore, still give price indications which do not accord with this Code, provided they are not misleading.

Not misleading is only if the information is not available on the advertised price... So if the barcode on the friend game WAS different from the SEL then it is not misleading as it applies only to that specified Version/edition irrelevent if all the other info was correct. It is taking liberties with the definition but completely legal. They are in fact providing more information than neccesary about exactly which product is reduced.

MyUserNamesTaken wrote: »

Argos' advert was an invitation to treat. They gave customers the option (counter-offer - sorry, sir, it's a misprint....you can buy it for such and such an amount, but I am not allowed to sell it for price advertised, as it was a mistake) before people paid for the item. See the difference? I know people who had the misprice honoured, by the way. If you had gone to Argos an attempted to buy it for the lower price, the SA would have told you the higher price before taking payment (which is what happened in most cases)..

See this is where its confusing... If you walked into argos and bought 3 grands worth of stuff and the TOMTOM was amongst it then after paying you notice the higher price and go back to the CS desk and pull out the e-mail then surely that is the same situation as what happened in TESCO.. As you say irrelevent of the SA its the computer that dictates the price. The same thing would have happened if the customer had pointed out that the game was meant to be £2.50 instead of £5 before purchase. I just dont see how the 2 differ if they are done in the same way.

The sales staff from ARGOS were not making people aware and actually rung the price up before the e-mail was produced then it was a manager called who refused the item. No counter offer was made by the staff at the time it was the manager.. I could have easily walked away with this item for the full price with nothing said...

As you can see the 2 situations are very much alike... In tesco he never made the staff aware or said anything about it being reduced so therefore they just rung it up and the exact same thing would have happened to me had I not queried the price then and there. so what would have happened if I had bought the item at the right price and then complained it should have been lower like the TESCO one???

In fact after reading through the Consumers Act It is more than evident that ARGOS were in breach of it. I only wish I had bought the thing for full price now

Anyway we could be here all night with this...

Im:j OFF