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Tesco sells Xbox 360 console for 33.24


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Old 09-11-2007, 12:21
TheUnholySinner
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Supermarket giant Tesco has been advertising a deal to beat them all on its website, offering an Xbox 360 hardware bundle for the knock-down price of just 33.24.

The Tesco.com deal featured an Xbox 360 console, a wireless control pad and games Forza Motorsport 2 and Viva Pinata.

The offer, which appears to have been an administrative error, has now been removed from the firm's website.

Tesco has refused to comment on whether they will honour those who ordered the bundle at the advertised price, but a spokesman from Trading Standards told DS: "If a consumer orders goods, the trader accepts the order and the price is agreed, but later the trader says the price has gone up, the consumer should only have to pay the price given at the time the order was placed."

However, Tesco lists in section one of its terms and conditions that: "If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned."


http://www.digitalspy.co.uk/gaming/a...r-gbp3324.html

I read on another thread this offer was also in in Woolworths? Wonder how they managed this?
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Old 09-11-2007, 13:13
ValLovesEtonRoad
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Yeah, Woolworths were advertising a wireless remote, Forza and Viva Pinata for 34.99, i ordered it, expecting it to be delivered today, but then got sent an email saying my order was cancelled and it was an error

Last edited by ValLovesEtonRoad : 09-11-2007 at 13:13. Reason: typo
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Old 09-11-2007, 14:18
FAYMONDO
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Yeah, Woolworths were advertising a wireless remote, Forza and Viva Pinata for 34.99, i ordered it, expecting it to be delivered today, but then got sent an email saying my order was cancelled and it was an error
I would have a go at getting that at the proce quoted if I were you
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Old 09-11-2007, 14:37
Feed The Reaper
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It says on Sky News that one guy managed to order 39 consoles from Tesco when he noticed the error and that he is now going to Trading Standards because they accepted his payment and sent a confirmation of his order being accepted and then later cancelled the order, to which Trading Standards said they cant do that. They can refuse to sell goods at a stated price but they cant refuse to sell them once payment has been taken as that is legally binding!!!
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Old 09-11-2007, 14:39
WoodsMonk
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It says on Sky News that one guy managed to order 39 consoles from Tesco when he noticed the error and that he is now going to Trading Standards because they accepted his payment and sent a confirmation of his order being accepted and then later cancelled the order, to which Trading Standards said they cant do that. They can refuse to sell goods at a stated price but they cant refuse to sell them once payment has been taken as that is legally binding!!!
Could it be Bill Gates
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Old 09-11-2007, 14:44
TheUnholySinner
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Could it be Bill Gates
Nahh, just an 'ebayer'!!
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Old 09-11-2007, 14:59
100 monkeys
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However, Tesco lists in section one of its terms and conditions that: "If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned."
Tesco can say what they want. It doesn't make it law. They are as bound by that as we all are. They are trying to fool the consumer.


Yeah, Woolworths were advertising a wireless remote, Forza and Viva Pinata for 34.99, i ordered it, expecting it to be delivered today, but then got sent an email saying my order was cancelled and it was an error
IF you can prove that it was advertised at that price (especially if you paid for it and have a receipt) then you WILL be able to get the items at that price.
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Old 09-11-2007, 15:07
ValLovesEtonRoad
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Tesco can say what they want. It doesn't make it law. They are as bound by that as we all are. They are trying to fool the consumer.




IF you can prove that it was advertised at that price (especially if you paid for it and have a receipt) then you WILL be able to get the items at that price.
all i have is the email confirmation and im gonna phne and see if the payment was taken
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Old 09-11-2007, 15:08
100 monkeys
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all i have is the email confirmation and im gonna phne and see if the payment was taken
Speak to your bank.
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Old 09-11-2007, 15:10
Truan
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If the payment was taken they have accepted the customers offer and the contract is made, they cannot refuse to supply the goods. They can ONLY refuse to honour the price if they notice BEFORE taking the money.
Having said that, most online retialers will use a pre-authorisation of the amount against the customers card, to ensure they can pay but not actually take the money until the item is ready to ship. I doubt the pre-authorisation counts as taking payment, as they havent actually taken the money, they have just asked the customer to 'show them the money' as it were
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Old 09-11-2007, 19:33
alternate
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Y'all need to read up on current court precedent. T&Cs that state a contract can be cancelled "due to genuine pricing error" have been legal for a while (as said backed up by court precedent).
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Old 09-11-2007, 19:56
FAYMONDO
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Still worth a very good argument on a customer services level in my opinion
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Old 09-11-2007, 21:49
100 monkeys
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Y'all need to read up on current court precedent. T&Cs that state a contract can be cancelled "due to genuine pricing error" have been legal for a while (as said backed up by court precedent).
Do you have details on which particular case/s have set this precedent?

Which T&Cs are we talking about here? Because i'm more interested in the law of the issue rather than a PLC's T&Cs.

I would be very suprised to hear that a court had ruled that once a company had taken money from a customer they would then be able to renege on the deal because they were no longer happy with the price. Miss-pricing happens all the time and as far as i'm aware the law is very clear in that a purveyor must abide by the price they advertise at.

Also, precedent is there to be challenged
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Old 10-11-2007, 00:04
alternate
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Do your own research, all the major consumer boards will have threads. e.g. try MSE and hotdealsuk, the issue revolved around "cases of genuine misprice" in direct relation to T&Cs in recent "loss of a bargain" actions.
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Old 10-11-2007, 11:17
DiGiTaL
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This happens quite often with Tesco, it's hardly news worthy.
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Old 10-11-2007, 13:40
poppitypop
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I am sure I read somewhere that the law is on the traders side if there is an obvious misprice.

Selling a 360 premium for 199 may be a genuine offer, but it is obvious misprice if they are selling them for 35
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Old 10-11-2007, 14:46
100 monkeys
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Do your own research, all the major consumer boards will have threads. e.g. try MSE and hotdealsuk, the issue revolved around "cases of genuine misprice" in direct relation to T&Cs in recent "loss of a bargain" actions.
Calm down dear I just thought you might have the case/s to hand that set the precedent (which would be referred to in all future cases by the defence lawyer). It's not something i've personally had experience with but i would be interested in any reference to actual cases or law. Most of the forums you refer to seem mainly to be people stating opinions. Nobody has provided anything....official.

As far as i understood, law does not lend consideration to incompetence even in light of the principle of "caveat emptor". Otherwise i believe would be to advocate a nanny state. I could be wrong though.

EDIT - As Tescos seem to do this ALL the time i can't help wondering at how much money they are making per year on the interest! They must be taking tens of thousands of pounds every year from these "genuine mispricing errors".
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Old 10-11-2007, 16:43
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Has "TheUnholySinner" had their debate with "Tezzies" yet ?
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Old 10-11-2007, 18:06
TheUnholySinner
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Has "TheUnholySinner" had their debate with "Tezzies" yet ?
eh? whats that?
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Old 10-11-2007, 20:22
alternate
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Calm down dear I just thought you might have the case/s to hand that set the precedent (which would be referred to in all future cases by the defence lawyer). It's not something i've personally had experience with but i would be interested in any reference to actual cases or law. Most of the forums you refer to seem mainly to be people stating opinions. Nobody has provided anything....official.

As far as i understood, law does not lend consideration to incompetence even in light of the principle of "caveat emptor". Otherwise i believe would be to advocate a nanny state. I could be wrong though.

EDIT - As Tescos seem to do this ALL the time i can't help wondering at how much money they are making per year on the interest! They must be taking tens of thousands of pounds every year from these "genuine mispricing errors".
I wasn't telling you off - just saying I could not be arsed to search forums for the citations.

As to earning money. If Tesco take credit or debit cards they will not actually see the money as it sits in the processing accounts before being refunded. Even if they do it will sit in interim accounts earning zero interest. It would cost them more paying someone to answer CS phones to irate customers.

It is a mistake and it happens all the time because these are huge sites with a lot of stock and they skimp on the running costs so never have enough staff.

With the xbox it happened to numerous sites so I suspect the supplier sent out faulty info and they all put it up on the site without checking.
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Old 11-11-2007, 00:32
FAYMONDO
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Apologies sinner its "ValLovesEtonRoad"
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Old 11-11-2007, 14:00
TheUnholySinner
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lol ok.. didnt know what the hell it meant heehee
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Old 11-11-2007, 14:35
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I bought a HDTV from argos a few years ago for 10.94...they never honoured it...i got a letter though letting me know that it was a mistake.
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Old 12-11-2007, 13:29
ValLovesEtonRoad
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Apologies sinner its "ValLovesEtonRoad"
They didnt take payment from my card so i cant do anything about it
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Old 17-11-2007, 10:13
TommyGavin76
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Tesco are refusing to honour this, good luck to anyone who wants to take them on in court.
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