Tesco Direct Sent Wrong PC

[paulandjules]

On Friday I ordered a new PC from Tesco Direct for collection at my local store. The pc was advertised as an Acer Aspire M5201 4GB 640GB desktop for £299. I received my order confirmation which stated the above. On Monday I collected my PC from Tesco and then did some shopping. While loading the car I noticed that the model number on the box read M3201 2GB 320GB Desktop - half the expected specification. When I checked the Invoice this still stated the description as M5201 4GB 640GB Desktop. Nowhere on any correspondence from Tesco is the lower spec product shown.

 

I returned to the customer service desk who then rang Tesco Direct for me. After some 45 minutes without any joy, one of the managers took my details and said they'd contact me when it was sorted. He also suggested I leave the PC with them as they would need it in order to arrange the exchange.

 

I received a call later that night from the store saying that a mistake had been made on the website and that the wrong title and description had been provided for the PC. The one I had received was in fact correct, but they would offer me a £10 good will gesture. This was declined and I requested a call back from Tesco Direct.

 

Later that night I received a call from Tesco Direct repeating that the goods were wrongly described online and that this had been amended. As a good will gesture he could offer me £30 discount off either the lower specification PC or the one I thought I ordered (leaving me to foot the £170 difference for the model I believed I'd ordered.

 

This was declined and a call from a manager requested. This never happened. Following several other calls I am now awaiting a call back from a Customer Service Manager.

 

My question is "am I entitled to the PC I thought I ordered?"

 

Tesco Direct's Terms & Conditions state "if by mistake, we have underpriced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you." - They did not do this. I had to bring it to their attention after taking receipt of the goods.

 

At present tesco have both my money and the PC, and on a couple of occasions they've offered to refund me while I sort it out but I'm reluctant to do this as I feel it weakens my case if I accept a refund.

 

I was due a call back this afternoon but this never came so I plan to chase them tomorrow. Any help would therefore be appreciated

 

Thanks

[Trilby274]

Hi paulandjules. KEEP HOLD OF THE INVOICE!! It doesn't matter what it says on the website or whatever they are telling you about errors or anything else. The invoice serves as a contract which they have not honoured.

 

You want the machine that is specified on the invoice and nothing else - no refund, no goodwill gestures.

 

I know I will get burned if this is wrong but I don't think it is.

[flyingdoc]

Its slightly more complicated than that trilby

 

Law of contract states that adverts (including the internet) are not offers according to the legal sense of the word but invitations to treat

(Partridge v Crittenden)

IN MY OPINION (I put this in capitols as it is only my opinion but is based on what I know of contract law)

The transaction took place when the computer was collected.

The computer was offered in the box, clearly marked as what it was and you accepted the offer when you accepted it.

the transaction was completed.

 

You could possibly claim negligent misrepresentation on behalf of Tesco but I suspect that they would defend that on the grounds that the goods were visibly and clearly marked correctly, so they at worst would be guilty of innocent misrepresentation and the remedy for that would be voiding of contract - they get their computer back - you get money back.

 

Sorry to say I dont think you would have a case for claiming the new computer at the price advertised.

 

Again I stand to be corrected.

[Trilby274]

Thanks FD - a bit muddy isn't it. I was relying on the invoice being the contract but I see where you are coming from with the rest of it. I was also (deliberately) totally ignoring the internet sale/purchase as I know that can be a bit of a minefield. I'd be tempted to still go and wave the invoice in the manager's face - bit cheeky I know, but it might work.

[paulandjules]

Thanks folks.

 

 

My wife spoke again with them this morning and they insist their small print covers them for giving us a refund and nothing more. Unfortunately she wasn't able to check the wording at the time so couldn't challenge it.

 

 

 

How do they stand that they knew there was a mistake, updated their website to rectify it but made no action to notify affected customers? Could this not be taken as a deliberate act to mislead?

 

 

 

I am planning to call again before 5pm to see what parts of there T&Cs absolves them and will report back with their statements.

 

 

Thanks for the guidance. Yet again it appears the big fish has the advantage over the little fish

[kiptower]

you may well be able to use this

 

"provided that we notify you before we despatch the item to you"

 

it very clear they didnt contact you before they sent it

[paulandjules]

that's what i thought, but they keep insisting that there small print covers them. on hold at the moment so we will see what print they start quoting

[flyingdoc]

Sadly contract law is very clear on the point that catalogues, brochures and internet sites are not Offers - which means that you cannot hold them as part of the contract.

[paulandjules]

I accept that the offer isn't accepted until monies/goods change hands but this did happen. money was taken on the day the order was placed and goods received a couple of days later (and subsequently returned as per original post)

 

Just got off the phone to them and they insist that while there was a mistake they won't be providing the goods I ordered. However, they were not able to quote any T&Cs explaining why, only that they were sorry.

 

Now waiting a call back from the Supervisors supervisor. Can't wait

[flyingdoc]

When they stated in their terms and conditions "provided we inform you before goods are despatched"

 

I suspect what they had in mind was that lets say they had sent a 5201 and not a 3201 and you had walked away - they, according to their own terms, would not be able to pursue you for its return or for the difference in price.

 

However they did not supply a 5201 - they sent a 3201 and you paid for it. The fact that you ordered a 5201 is irrelavent. You paid the correct price for what you got.

 

If it was not what you wanted then you have the opportunity to return it for a full refund - but you do not have the right to the more expensive computer at the lower price.

 

I am sorry but I do not see this ending in your favour.

 

In your place I might try negotiating more than £30 of the price of a 5201 perhaps as a goodwill gesture they would do that - but they are within their rights as I understand them to do what they are doing.

Edited December 4, 2008 by flyingdoc

[paulandjules]

that's what I've been quoting but they don't seem to care. They just apologise and insist that they won';t send the goods i ordered

[flyingdoc]

I think you may have answered before I edited my last post - It sent before I was quite ready and I had a thought about what I was writing as i was doing so - which made the post very different than the one originally submitted.

 

Sorry for this.

[Trilby274]

Got to laugh - their website is showing the 3201 as out of stock but they have plenty of 5201s. Maybe you could make them an offer! Only joking

[paulandjules]

Make syou wonder how many other people ordered it when it was misadvertised. ANyway, they should have at least one back in stock next week. I have just been given an order number for my replacement pc (the M5201 version). It appears research and forums like this can help arm the consumer with the rights. I think we may have been helped by the fact that they not only failed to notify us that they had made an error, but also by the amount of times they failed to call us back and kept us waiting.

 

I'll report back once I have the goods in my hand. only then will I believe this has all been worthwhile.

 

Thanks to everyone who posted.

[paulandjules]

Well I got the PC and its up and running.

 

Thanks again for everyones comments. Keep up the good work

[flyingdoc]

Result - well done.

[gyzmo]

Alarm bells ringing - though I have only had a brief read through the posts on here.

 

First, contract law is clear. however, Distance Selling Regs amends it with online purchases (praise be).

 

A seller may, so long as they tell you beforehand that they may, provide a substitute.

 

If no substitute is not catered for, then it is a clear breach.

 

If it is provided for then an interesting situation arises. r. 7(1)(b) provides that the seller should provide the goods of AN EQUIVALENT QUALITY and price.

 

Now quality is a term determined under s. 14 of SogA, and where goods are not of a satisfactory quality, then a remedy can be sought in the usual ways under SoGA.

 

Remember also all the other regs that sellers need to comply with. Believe it or not, they usually do not comply with them, and until they do, a contract is cancellable.