tesco brewmaker kits

[ravey]

Result, another 15 kits being sent out. Have to give credit to them for this.

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[paulmccre]

I definitely need to go.pick mines up tomorrow lol

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[paulmccre]

yes thats the email i got in touch with. :thumb:

Thanks, email has been sent, fingers crossed they come across with the rest of the order :)

 

[paulmccre]

Looks like I might just cancel my order. Been offered a £10 refund on a £70 order.

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[ravey]

Ask them why they've fulfilled many other people's orders but not yours. Seems a bit off.


[Edit] actually query why they're saying they wouldn't fulfill the order when you know they've done exactly that for a number of others.

 

[paulmccre]

Ask them why they've fulfilled many other people's orders but not yours. Seems a bit off.


[Edit] actually query why they're saying they wouldn't fulfill the order when you know they've done exactly that for a number of others.

Thanks ravey but I think il just ask them to come collect their stuff and refund me in full. I bought some kits which I'd not normally buy but for the glitch.

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[ravey]

Fair enough, I was the same, wouldn't have considered these but looking forward to trying some now (though I have a load of kits already and there are a couple I want to try first)

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[mickthetrick]

Looks like I might just cancel my order. Been offered a �£10 refund on a �£70 order.

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no way id accept that. they have honored the order for many, many people so should also do the same for you.

 

[terrym]

no way id accept that. they have honored the order for many, many people so should also do the same for you.

Sadly in this case just because they have honoured their error on some orders doesn't mean they have to do it on other orders. They are in the strongest position, see Chippy_Tea's earlier post #19 in this thread .
That said, it's worth a try, they can only say no a second time round.

 

[Chippy_Tea]

Sadly in this case just because they have honoured their error on some orders doesn't mean they have to do it on other orders. They are in the strongest position, see Chippy_Tea's earlier post #19 in this thread .
That said, it's worth a try, they can only say no a second time round.

To save you moving pagers its here -

Here we look at consumers' rights when items are incorrectly priced in-store and online.

In stores:

If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale.
If a pricing mistake is not noticed and the customer pays for an item at the reduced cost, the purchase is considered a legally binding contract between the retailer and the customer. The shop has no legal right to claw back any money if it later realises there has been an error.

Online:

The situation is not as clear-cut online.
The legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order. Even the confirmation email may not be an acceptance. Some retailers reserve the right to cancel an order up to the point of delivery. It is therefore important to carefully check the retailer’s terms and conditions (which must be available on their website) and emails " if a retailer simply acknowledges an order, there may be no contract at that point.
According to Screwfix’s terms and conditions on its website this week, it only accepts orders once it has delivered the goods. It says the processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
As with in-store purchases, once a customer has received their order a retailer generally has no right to claw back any money.

The catch:

One essential element of a contract is an intention to create legal relations. If an item has been very heavily discounted and it is clear that an error has occurred, the trader could say that it was obvious that they had no intention to form a contract at that price.
In the Screwfix case for example, the company could argue that a ride-on mower that normally costs £1,599.99 would not ever be on sale for £34.99 " and the consumer must have been aware this was a mistake.
Where an item could feasibly be priced at £34.99, something normally priced at £40 for instance, Screwfix would probably have to rely solely on its terms and conditions.
Stuart Helmer, of law firm CMS, said: “The growth of e-commerce creates huge potential for a computer glitch to lead to widespread pricing errors. Screwfix are just the latest in a long line of retailers to be caught out in this way.
“However, if the retailer has drafted its terms and conditions carefully " which Screwfix appears to have done " then, unless it has deliberately misled customers, it will usually be legally entitled to cancel the order right up to the point of delivery. Whether it chooses to do so is a question of public relations, not legal rights.”

 

[Personal91]

Thanks ravey but I think il just ask them to come collect their stuff and refund me in full. I bought some kits which I'd not normally buy but for the glitch.

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they have honoured many others orders, even members on here. ask for the template email so you can see the structure of it and then get what you deserve

 

[paulmccre]

Where can I download the template? I've actually asked them to come pick up the order and refund me but might as well try once more before they do.

The post about the terms and conditions flew over my head chippy lol

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[terrym]

Where can I download the template? I've actually asked them to come pick up the order and refund me but might as well try once more before they do.

The post about the terms and conditions flew over my head chippy lol

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This is an extract from Tesco Direct's Ts & Cs which I have copied from their website, and which you sign up to when you buy anything from them.

14.3 Every effort is made to ensure that prices shown for products are correct when the products are added onto the Tesco direct site. If, by mistake, we have under-priced a product, we will not be obliged to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will notify you and give you a full refund on any amount already paid for that product.

Which basically means if they have cocked up the pricing on the site they are under no obligation to sell at that price, provided they tell you that's the case before they despatch. It's then all down to goodwill (see Chippy's post last sentence), and, I suppose, who you were dealing with on the day.
If they have done business with you outside of these Ts and Cs you have some wriggle room.

PS
So, thinking about this some more, my interpretation of the situation where you have bought six items for a price and your order says six items and you collect it and you only find one in the box (because they have cocked up pricing per item), they should have told you prior to despatch that they would not honour the order and refunded your money, not just carried on to despatch only one item. In this case therefore I would argue they are in breach of their own Ts & Cs and they owe you the missing 5 items, since the contract was finalised as soon as the goods were despatched.

 

[paulmccre]

Would wiggle.room be increased if they actually partially delivered the order ?

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[terrym]

Would wiggle.room be increased if they actually partially delivered the order ?

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See my PS added

 

[paulmccre]

Thank you Terrym, il get back onto them this afternoon. Will post update as soon as I find out anything.

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[Chippy_Tea]

As they have honoured other orders and you have proof i would email them and say you are far from happy with the way you have been treat, tell them you have proof other customers orders have been honoured, it costs nothing and you might get something in return.

.

 

[paulmccre]

Thanks chippy. Il email them after work and see how it goes.

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[ravey]

Good point about them not cancelling before dispatch. That plus other orders being honoured; you can quote my order number 4DM9F6BCC as an example.

 

[paulmccre]

That's very kind of you ravey. Il be onto them asap

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