Tesco dj hero 2 party pack deal ....... - HotUKDeals
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Tesco dj hero 2 party pack deal .......

£0.00 @ Tesco
Did anyone else order dj hero 2 party pack edition from Teaco? Mine came through as just the game. I called to complain but all they dis was offer a £5 discount off the price or a refund If … Read More
Monkey nuts 2 Avatar
6y, 6m agoPosted 6 years, 6 months ago
Did anyone else order dj hero 2 party pack edition from Teaco?

Mine came through as just the game.

I called to complain but all they dis was offer a £5 discount off the price or a refund If I pay to return it.

Did anyone get the product as described?
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Monkey nuts 2 Avatar
6y, 6m agoPosted 6 years, 6 months ago
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#1
or a refund If I pay to return it.


You can get a full refund including your postage fees by law.
#2
Not certain,others know better than me,but by despatching have they not entered into a contract to supply? If it was described as the party pack when you ordered and they took your money and despatched a game are they not legally bound to supply the goods as described?
#4
Looks like breach of contract & loss of bargain. Tesco's will have to pay for me to buy it elsewhere.
#5
I'm in the same boat. Appreciate any advice before contacting them, I'd prefer to contact via email. Not overly bothered about getting the original order but I certainly don't intend to have to pay for return postage.


Edited By: nicks99 on Oct 23, 2010 13:36: edit
#6
Good luck hope you shaft Tesco. Bunch of charlatans the way they operate
#7
im in the same shoe as well. got a game only =(
#8
Damages for breach of contract generally aim to place a party in the position they would have been in had the contract been properly performed. Tesco are in breach of contract, and consequently they will either have to provide you with the items you paid for, or cover the cost of you obtaining those items elsewhere. Of course a refund is also possible, though I imagine ideally most people would want one of the other two.

That said, what the law says is one thing. Getting to the point where the right remedy is received is another matter entirely.
#9
Legally Tesco do not have to comply with the transaction, as the difference in price between the original and the misprice is so great that you clearly knew of it to be a mistake. The courts will take the view that you merely spotted an opportunity and the fact that the value of it is almost 4 times what you paid will mean that it was obviously a misprice. I'm sure you are aware of the £3.00 Argos telly case which set the precedent (sort of) regarding cases of this nature, the courts held that the difference was so great that customers knowingly bought the telly in the hope of making a quick buck or saving, they stated that if Argos was to honour the deal it would be at a loss to the company.

However because they have accepted payment and confirmed despatch of the item this could be a spanner in the works and could be a key point you may wish to argue to Tesco.

So in short I'd suggest returning the game and maybe calling customer services who might give a voucher of some sort.


Edited By: Rayhul on Oct 25, 2010 23:54: .
#10
Tesco entertainment are a joke, they do this crap all the time and don't have the b@%#$ to honour it, which is why I will never use them again
#11
Having looked back through my bank account, it appears that Tesco have failed to charge me for Halo Reach or DJ Hero 2. At least it's not showing anywhere on my account? I know they 'ringfence' the money when you pre-order but doesn't seem like they have taken any of my money.
Anyone clarify this at all?
Yours confusingly.
#12
Still waiting on a reply from Tesco.

I can't see anything in their T&C's that state they can quote the wrong product and ship you something else.

May have to go back to trading standards.
#13
This is what I got back:

Dear xxxxx,

Thank you for your email.

I am sorry you feel you have received the wrong item. Unfortunately, the information that was online when you placed your order had been entered wrongly making it sound like the decks were available with the order. Tesco Entertainments only sell software and not hardware such as the decks and microphone. You can return return the item for a full refund.

I have checked and can confirm that the item you are looking for is available via Tesco Direct.

Please accept our sincere apologies for any upset and inconvenience that has been caused.

Kindest Regards

Customer Service Manager



I don't feel I have received the wrong item. I have 100% received the wrong item as it's not what I ordered!
#14
^ Do tescon make it clear on their website that they only sell software and not hardware ?
#15
So what do you guys suggest i should do? Call trading standard? Email tesco? Thank you for the advice. =) I guess need to do it asap.
#16
dontasciime
^ Do tescon make it clear on their website that they only sell software and not hardware ?


They've told me before that it's software only (and you need to order hardware from Tesco Direct) but around this time last year I bought Scene It for the Xbox from them and it came with the buzzers (so bundled hardware).
[mod]#17
veyronj
So what do you guys suggest i should do? Call trading standard? Email tesco? Thank you for the advice. =) I guess need to do it asap.

Please send me a PM. I am looking in to this matter.
#18
midlandscomics
dontasciime
^ Do tescon make it clear on their website that they only sell software and not hardware ?


They've told me before that it's software only (and you need to order hardware from Tesco Direct) but around this time last year I bought Scene It for the Xbox from them and it came with the buzzers (so bundled hardware).


They've also got guitar hero and the original dj heros on there all with hardware. Will let you know when they respond.
#19
Any come back ideas?


Dear xxxx,

Thank you for your email.

I think my email has been slightly unclear I was referring to DJ Hero 2 and not any other items. Sorry for the confusion caused on my part.

The attachment you had on your email was for the original DJ Hero which is available with the hardware but the DJ Hero 2 is not available on the Tesco Entertainments site with the hardware included. On the email confirmation that we sent it does state DJ Hero 2 Party Pack (Double Deck) Game. It does not state that the Turntable Kit is included. I have checked with our Entertainments Business Support Team and they have confirmed that the Turntable Kit has not been advertised at any point when you placed your order. That is why the Website was updated with the word software as it had caused some confusion with customers.

Once again sorry for the confusion that has been caused and as advised in my previous email you can return the software pack for a full refund.

I can confirm that the DJ Hero 2 Turntable Kit is available via Tesco Direct.

Kindest Regards

Customer Service Manager
#20
ask someone who maybe took a screen capture or saved the page out as *.mht to look and see what the advertised product actually was.
#21
dontasciime
ask someone who maybe took a screen capture or saved the page out as *.mht to look and see what the advertised product actually was.

there is a screen shot of the deal posted on the original thread here

shows the game, 2 decks, microphone, more importantly it shows its on tesco entertainment, not in fact tesco direct like they are stating in the email

edit, also shows the date!

Edited By: Peterdj41 on Oct 26, 2010 20:39: .
#22
it's Tesco entertainment you should be directing your concerns to and get them to fulfil the order not direct as above.
#23
magicjay1986
veyronj
So what do you guys suggest i should do? Call trading standard? Email tesco? Thank you for the advice. =) I guess need to do it asap.


Please send me a PM. I am looking in to this matter.


Any news on this? I'm getting no where with them.
[mod]#24
If someone can confirm:

1. They placed an order
2. Received an email from Tesco
3. Tesco took their money
4. Tesco then shipped them the wrong item

Then can you please PM me and and I try and get some bits and pieces together so that this person can then write back to Tesco. If you get to 3. and cannot go any further then I am afraid there really isnt much that can be done.
#25
They've not taken my money yet so can't be of help yet. Will drop you a PM when they take it.
[mod]#26
TheMetalMan
They've not taken my money yet so can't be of help yet. Will drop you a PM when they take it.

Brilliant.
#27
I was offered £3 as a good will gesture. I told them no thanks, just provide what I paid for and you informed me you had shipped. Back to trading standards.

I also contacted watchdog but they wont do much unless more people complain.
#28
Monkey nuts 2
I was offered £3 as a good will gesture. I told them no thanks, just provide what I paid for and you informed me you had shipped. Back to trading standards.

I also contacted watchdog but they wont do much unless more people complain.


Could u send me the copy of email u sent to tesco initially, trading standards and watchdog? I'll complain as well, hope will help
#29
how is it guys?
#30
Looks like they took payment today. I've left it sealed. What are the chances of getting the party pack now?

I assume its not too late to send it back for a refund?
[mod]#31
ionic
Looks like they took payment today. I've left it sealed. What are the chances of getting the party pack now?

I assume its not too late to send it back for a refund?


How long have you had it? Distance Selling Regulations allow you to change your mind within 7 days.
#32
same day as the original poster, 2 weeks and 3 days, although they did not charge me until today.
[mod]#33
ionic
same day as the original poster, 2 weeks and 3 days, although they did not charge me until today.


You can send it back now anyway as they have clearly breached the contract by not providing their end of the bargain - the party pack.

Send it back and if they refuse to refund you then please come back to me and I will draft you a letter.
#34
Sale of goods act. Trading standards said you have up to 6 years.

Also, I ad a call this morning from trading standards saying they are going to act on my behalf.

If you all can, contact trading standards and watchdog. They listed a product wrongly and then shipped out the game only instead of just cancelling. They willingly entered into a contract and caused us loss of bargain.

I'll see Tesco in court.... if they turn up.
#35
monkey nuts 2; can you provide us more details of contacting trading standards and watchdogs like phone number and what to tell them. thank you very much.
#36
Would the same apply here? http://www.hotukdeals.com/deals/red-nintendo-wii-and-new-super-mari/795606?page=30

If one were to receive a white or black wii with no extra games for example?
#37
Watchdog.

Trading standards.

Tesco knowingly committed to the contract and knowingly sent out the wrong item so depending on how it goes next week, will determine what happens next. If TS can't get the result I want, I will take Tesco to the small claims court.

I spoke to my local trading standards regarding my Wii ( :p ) and they told me to ring consumer direct. They are breaching their own T&C's and thus woulld cause us loss of bargain.

I'll post any Wii updates in that thread.

Edited By: Monkey nuts 2 on Nov 11, 2010 08:17
[mod]#38
Monkey nuts 2
Watchdog.Trading standards.Tesco knowingly committed to the contract and knowingly sent out the wrong item so depending on how it goes next week, will determine what happens next. If TS can't get the result I want, I will take Tesco to the small claims court.I spoke to my local trading standards regarding my Wii ( :p ) and they told me to ring consumer direct. They are breaching their own T&C's and thus woulld cause us loss of bargain.I'll post any Wii updates in that thread.

We are waiting on a response from the Tesco legal department so I will let you know once it is in.
#39
magicjay1986
We are waiting on a response from the Tesco legal department so I will let you know once it is in.

Thanks magicjay1986.
#40
magicjay1986
Monkey nuts 2
Watchdog.Trading standards.Tesco knowingly committed to the contract and knowingly sent out the wrong item so depending on how it goes next week, will determine what happens next. If TS can't get the result I want, I will take Tesco to the small claims court.I spoke to my local trading standards regarding my Wii ( :p ) and they told me to ring consumer direct. They are breaching their own T&C's and thus woulld cause us loss of bargain.I'll post any Wii updates in that thread.




We are waiting on a response from the Tesco legal department so I will let you know once it is in.


Thanks magicjay, u reckon is there anything we should do? Or just wait? =)

Edited By: veyronj on Nov 11, 2010 17:58

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