When is a sale actually made??

[Number6]

This happened to come up in conversation with a friend and I just want to confirm the legal position.

 

My friend was shopping in a well known supermarket, in a 24 hour opening store, it was fairly late in the evening. Whilst cruising the aisle's he noticed a special offer on X-Box's which was a price discount plus a free game. He put an X-Box in his trolley along with a "free" game and carried on with his shopping.

 

He checked his receipt the next morning to find that he had been charged full price for the X-Box and also paid full price for the "free" game. He took his receipt back to the store to complain. Store staff pointed out to him that the offer ended yesterday, my friend pointed out that it was yesterday that he bought the items. The shop employee pointed out that his receipt was timed at 00.04 so it was in fact today and not "yesterday" that he bought the items. He left unconvinced.

 

So, my point is that when he picked the items off the shelf the offer was valid, in fact it was the shelf-edge poster that drew his attention to it in the first place. When he finished his shopping and joined the queue to pay it was probably still "yesterday" but by the time all his items had gone through the till and he completed the transaction it was "today".

 

Who was in the right here? The shop for saying the offer had expired or the customer claiming that he in fact "bought" the item when he picked it up off the shelf / joined the queue to pay?

 

Pete

[blacksheep1979]

Ok he actually bought it the next day - but, the supermarket shouldn't have left an out of date POS on the shelves, point out that they are liable for up to a 2k fine for each item that is incorrectly priced on the shelves. Failing that write to head office and complain.

 

 

He hadn't made an offer to buy or had that offer accepted until he paid for it, would be similar to shopping online, putting something in your 'basket' and leaving it for a week. You would be buying it/contract in effect from date of payment.

[Number6]

Fair enough, that was my understanding of the situation also but I thought I'd check.

 

Pete

[asa_carter]

Which supermarket is it?

[Number6]

Which supermarket is it?

 

Starts with T and ends with O.

 

Why do you ask?

 

Pete

[Guest ian cognito]

Oh joy, can somebody tell me why we shop there? They are in the wrong as if they are going to stick so solidly to the rules, they should have had someone whip the label off the shelf at midnight!! which would probably have been no good to your mate as they were probably at the checkout by then!! I suggest your mate takes the item back for a full refund then sends a photo of a poor deprived child minus x box to the local paper!

[Number6]

Oh joy, can somebody tell me why we shop there? They are in the wrong as if they are going to stick so solidly to the rules, they should have had someone whip the label off the shelf at midnight!! which would probably have been no good to your mate as they were probably at the checkout by then!! I suggest your mate takes the item back for a full refund then sends a photo of a poor deprived child minus x box to the local paper!

 

I do try very hard not to shop there, most foodstuffs I buy from LiDL as the quality is the same or better and prices are way cheaper; 1/2 price fruit and veg at the moment - large cauliflowers for 29p (Tesco £0.95), a 1Kg bag of baby new potatoes for 45p (Tesco £1.36), etc :o

 

Anyway, I digress

 

He actully picked it up at about 11.40 pm but paid for it at 4 minutes past midnight. He did go back and to be fair they did offer to take the goods back for a full refund but wouldn't give him the special offer price.

 

Pete

[Bookworm]

You know why they're digging their heels, don't you?

 

Under their refund policy, if you have been charged for an item that was offer, whether be special price or BOGOFF, not only will they refund the item, you get the item FREE.

 

I personally would cause the mother of all stinks, write to HO, state that the item was picked up while still on promotion, that you do not believe for one second that a member of staff whipped off the tag at 00.04, (how do they know that you didn't actually pick up item at 00.01, go straight to till?) and that under their refund policy, you want full refund and the x-box/game free, as per their policy.

 

From Tesco's website:

Customer Service Service desk

 

new refund policy

 

And if things don't add up

 

• In the unlikely event that we overcharge you we will give you your money back and you can keep the product.

This does not affect your statutory rights.

 

They push, you push back harder. That's how it works.

[Number6]

You know why they're digging their heels, don't you?

 

Under their refund policy, if you have been charged for an item that was offer, whether be special price or BOGOFF, not only will they refund the item, you get the item FREE.

 

I personally would cause the mother of all stinks, write to HO, state that the item was picked up while still on promotion, that you do not believe for one second that a member of staff whipped off the tag at 00.04, (how do they know that you didn't actually pick up item at 00.01, go straight to till?) and that under their refund policy, you want full refund and the x-box/game free, as per their policy.

 

From Tesco's website:

Customer Service Service desk

 

 

 

They push, you push back harder. That's how it works.

 

Hmmm... interessant!

 

I'll pass this on to matey and see what he wants to do.

 

Pete

[asa_carter]

Probably mentioned in a previous post but the reason I asked is that I work in the price integrity dept in the named supermarket.

 

The POS should have been removed by 8am (or 3 am in a 24h store) the previous day.

 

Go back to the customer service desk and ask for a full refund of the two items. You are entitled to keep the products for free.

 

The notice is displayed on each checkout and at the store entrance.

 

Lucky You!

 

P.S. Can someone give me some advice about my post in the Dixons forum?

[Giveitback]

over on Martin's money savng expert site there was a forum all about Tesco's policy. Doesn't seem to be there any more, but it's worth having a look around.