Bargain 60D

I think Trading Standards may be incorrect, better if you can get something in writing. I got my cancellation call this evening and ****ed off about the 5 days refund.
Sent an email to their CEO, not that he'll read it, also complained to ASA.
Customers can still order the misleadingly priced camera & lens, this surely is taking Joe Public for a ride. Worthy of some airtime on Watchdog.
 
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ptholt said:
I had an interesting chat with Trading standards, they were miffed that despite acknowledging incorrect price they are still selling, and were of the opinion that as credit cards were used a contract may have been entered into (dont shoot the messenger im quoting what trading standards said). Something along the lines of because had been made by card they had entered into a contract to supply, so were past the stage of being able to refuse to sell.

They were also less than impressed about the 5 day refund policy i was quoted
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From memory the contract is only entered into if the payment has been taken from your card - which in my case at least it wasn't.

Taking of the payment is deemed as their acceptance of your offer based on their invitation to treat
 
Uneducated_Rick said:
From memory the contract is only entered into if the payment has been taken from your card - which in my case at least it wasn't.

Taking of the payment is deemed as their acceptance of your offer based on their invitation to treat
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Well the money's off my account and they say I won't get it back for 3-5 days too!
 
Uneducated_Rick said:
From memory the contract is only entered into if the payment has been taken from your card - which in my case at least it wasn't.

Taking of the payment is deemed as their acceptance of your offer based on their invitation to treat
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Except that argument never holds. I have seen countless numbers of these, with everyone get all excited, then the purchases get cancelled. The whole taking of payment as contract never holds, the terms and conditions from the company usually see to that.
 
dougiew said:
Well the money's off my account and they say I won't get it back for 3-5 days too!
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If the money is gone, as I understand it, they should not be allowed to cancel the order regardless of their T&Cs.

No contract can be written to overwrite another law - otherwise hitmen would be legal!
 
ohh well it was exciting while it lasted thanks to the op for hilighting it in the first place, I bought a ticket for the ride, the nice man from tesco phoned me and told me to get off :-(
 
Uneducated_Rick said:
If the money is gone, as I understand it, they should not be allowed to cancel the order regardless of their T&Cs.

No contract can be written to overwrite another law - otherwise hitmen would be legal!
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Has anyone actually read the Tesco T&Cs?

They're very clear about what will happen if the price is incorrect, they also state that the contract to supply only starts one the product is despatched, even if they take payment.

As mentioned before this is an 'invitation to treat', they don't have to sell it at that price if they don't want too Bottom line is they are well within their rights to go back on the sale, it's a bit disappointing (I ordered one too!) but that's life.

The only thing that you could be annoyed about is if they don't give you the money back promptly and you start incurring interest charges on a credit card.
 
Rick is basically saying what the trading standards guy said, once they have taken the funds (which they have from me as well) they cant come back and change it, however enforcement could be rather hard as menthel says.

My own understanding is that you cannot write t+cs that contradict any law or act -if thats what it is... otherwise you could get around distance selling act etc with simple changes to t+c, but whether the fact that money has been taken IS a law or act, i do not know...
 
A bit conflicting:

Taken from here http://www.tesco.com/termsandconditions/termsconditionsGeneral.htm

In order to help us validate your payment card, a pre-authorisation amount of £2 is reserved from your account automatically when you check out. Upon validation of this amount, checkout can continue. On the day of delivery, full authorisation takes place whereby the total amount is requested from your bank and the £2 pre-authorisation request removed.

This from here http://direct.tesco.com/help/directtermsandconditions.aspx

Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us

If someone see's the money actually leave their account and not just held they could have a case, as it would seem Tesco has deemed it delivered by their own wording.
 
Well good luck taking on their legal people, worth a punt, but sure most people knew it was exactly that and time to move on

No one has lost anything so hardly a scam, maybe the next bargain really will be just that
 
From Source

After your order has been accepted
If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

If the retailer wants to charge you more, you may be able to buy the same item elsewhere and claim against the original trader for the difference in price. To do this you should write to the retailer in the first instance, explaining what you are doing. If it doesn't agree to refund you the money, you will normally then have to take a claim to the small claims court.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it.
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For the two bits in bold:

1. Isn't a contract formed when they take your money? And whatever they say in their T&C's can't just overrule the law, else it would say 'Any purchases from this website do not give you any protection from the Sales of Goods Act, etc.' :confused:

2. I think it's fair to say that price could indeed be very genuine... On the homepage it has a heading 'What's New: Save 1/3 off cameras'

Seems like a very grey area, but I'm sure you could make them honour it if you kick up a necessary fuss :)
 
ptholt said:
Rick is basically saying what the trading standards guy said, once they have taken the funds (which they have from me as well) they cant come back and change it, however enforcement could be rather hard as menthel says.

My own understanding is that you cannot write t+cs that contradict any law or act -if thats what it is... otherwise you could get around distance selling act etc with simple changes to t+c, but whether the fact that money has been taken IS a law or act, i do not know...
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Taking payment is only one of the 5 criteria for a legal contract and does not constitute acceptance (which is one of the others). By being explicit in saying that they do not accept the offer until the goods have been despatched they cover themselves pretty well.

None of the consumer legislation will cover you for this (sale of goods act, distance selling regulations, supply of goods & services act etc.) they all focus on the product being as described, fit for purpose and a satisfactory quality.

The key bit in bold above is 'after your offer has been accepted...' and they clearly haven't.

Does mean that I don't need to worry about paying off the credit card bill next month though!
 
Well I had enough money sitting around to have a bash at this, just put the order through and took screen shots all the way through. Fingers crossed it works or we kick up enough fuss so they honour it. Nothing really to lose as Tesco will at least have to refund the money.
 
From the same source that Camelpaw has highlighted above:

"It is against the law for a trader to deliberately give misleading or wrong prices, and they can be prosecuted for doing this."

Which Tesco are obviously still doing at this very minute...are they not?

I've written to BBC Breakfast and Watchdog to see if they're interested in this one as Breakfast are always wheeling on the CEOs of the four major supermarkets to tell us what a great job they're doing for us!
 
It's worth hassling Tesco just because i hate there attitude of being the big untouchable corporation (or that was the feeling they gave me on the phone).

I know from arguments with other retailers, its not up the retailer to make you aware of your rights and how they can be enforced, but if you start digging around and get close they can buckle and start to shift from there holier than tho attitude.

I bought something (a microwave or hoover cant remember now) from Argos which we had real problems with, in store they were as bold as brass in telling us where to go, offering partial refunds and a very blase attitude, as soon as i said "sales of goods act" this shiny suited manager appeared genie like and whisked us away off the shop floor.

They gave us a full refund, apologised, gave us some more Argos vouchers for the hassle and asked how we had known about the sale of goods act.

I explained i had looked it up online, she said it was law that they had to abide by it, but there was no law that said they had to tell the consumer about it if they did not know there rights or the act in question, so it was policy to try and fob the person off with inferior offerings hoping you don't know your rights and you accept something rather than nothing, but the minute the act was quoted they want you off the shop floor and it dealt with behind closed doors asap away from customer ear shot.
 
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ninjafox said:
Has anyone actually read the Tesco T&Cs?
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As stated previously T&C cannot overwrite other laws.

Also taking the money would normally be deemed as acceptance by conduct, why take the money if they have not accepted your offer?


edit: p.s. still on offer on the Tesco website despite it being 9 hours since I was informed of the cancellation, and over 12 hours for other people
 
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just reading on hotukdeals (hardly a reliable source, but hey it adds to the intrigue) that over 300 units were sold, at a grand a time and 5 days to refund, thats quite a decent deal to get some interest over 5 days - which they are still selling at the offer price that has been in place since Saturday evening currently....
 
ptholt said:
just reading on hotukdeals (hardly a reliable source, but hey it adds to the intrigue) that over 300 units were sold, at a grand a time and 5 days to refund, thats quite a decent deal to get some interest over 5 days - which they are still selling at the offer price that has been in place since Saturday evening currently....
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It's ridiculous that it's still up for sale... Direct as a whole is a complete sham
 
ptholt said:
just reading on hotukdeals (hardly a reliable source, but hey it adds to the intrigue) that over 300 units were sold, at a grand a time and 5 days to refund, thats quite a decent deal to get some interest over 5 days - which they are still selling at the offer price that has been in place since Saturday evening currently....
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How much interest would Tesco make on £300K in 5 days? Couple hundred quid before tax? Then subtract the admin costs of processing 300+ refunds, charges from card companies/intermediaries, telephone calls to belligerent photographers, dealing with trading standards because someone's complained.....

I suspect that this wasn't a cunning business plan by Tesco but actually a mistake - probably by a bod like you and me who has got too much on his plate and a hairy boss breathing down his neck and didn't realise the subtleties and relevance of aperture designation on the myriad of lenses that they deal with and was having a bad day and is now going to have an even pooier tomorrow etc etc :D
 
Well its now into its fourth day, still on there website at the same price as the offer, still sitting under a big red banner clearly stating that "Summer sale half price on selected lines" im almost tempted to order again just to enjoy further argument, cant be that hard to take it off there website or mark it as 0 in stock.
 
lol, still on sale :)
 
must admit I am shocked that its still on their website and still available to buy, shocking administration really by a company of their size
 
I just called Tesco as this deal would suit my father who is after a new DSLR.

I was told the item has been withdrawn due to a pricing error and that it will be back on sale at the original non sale price on their website at 11.30am when it gets updated so I can order it then.

NO THANKS!!

Some times these things do come off so well worth the punt those that did.
 
Well, I'm having various conversations with Tesco now and continue to be appalled.

They tell me the problem whereby their unauthorised taking of £2 blocked my wife's card is an issue I should take up with the bank. Yep thats a good idea, call the bank and say please stop trying to block unauthised payments, no sod that just give me the money and I'll hand it out to strangers myself!!

Anyway they also told me that even though it os for sale on the website the sale would be blocked, I have now tested this and it is not, I have a new order and a new sales email! So I have told them as this is a lie, then so should the part where they say they will not honour the deal.

I know I'll get nowhere, but these people should get their act together and if I do a small part in that then its all for the good.
 
JohnN said:
Well, I'm having various conversations with Tesco now and continue to be appalled.

They tell me the problem whereby their unauthorised taking of £2 blocked my wife's card is an issue I should take up with the bank. Yep thats a good idea, call the bank and say please stop trying to block unauthised payments, no sod that just give me the money and I'll hand it out to strangers myself!!

Anyway they also told me that even though it os for sale on the website the sale would be blocked, I have now tested this and it is not, I have a new order and a new sales email! So I have told them as this is a lie, then so should the part where they say they will not honour the deal.

I know I'll get nowhere, but these people should get their act together and if I do a small part in that then its all for the good.
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Stick in there John - you may just get somewhere as it is defintely illegal to continue to advertise goods knowing the price is wrong. (Seen this somewhere on the Sale of Goods act I think)

Couple of weeks ago Tesco cut up my Debit card after two days as I'd left it in the PIN machine at the checkout. Didn't phone me, didn't email me - just cut it up! By the time I'd worked out where I'd left it, it was gone!
 
Couple of weeks ago Tesco cut up my Debit card after two days as I'd left it in the PIN machine at the checkout
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Seems it runs in the family then :)
 
Yep, I noticed that too - btw they took the money on the re-order they said couldn't go through too!
 
Aye, I did that the other day.

This all backfired though, I checked my bank before placing the "prove a point" order, lots of pennies available, placed the order (as I knew it would be cancelled anyway) checked back later lo and behold the money had gone out - fine I thought, I then rechecked and it was the order from the other day!!

I contacted Tesco and they said, nope too late you cannot cancel, so I had to get the overdraft increased to cover the extra £954 going out...

Funny really and my own fault...

Silly me, I guess only the truly well off can make that sort of point :D

The extra funny thing is that I would have been okay but I placed an order for a 60D with Kerso last night :LOL:
 
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