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    Help - Can I claim I've been missold or demand an item?

    Hi all
    Thanks in advance if anyone can help or advise. Can leave feedback etc.

    A while back, someone posted on here that Tesco Entertainment were selling DJ Hero 2 Double Decks Party Pack for £39.70. Basically, it's the game (on 360), two turntables and a couple of mics. I placed an order as the page on the website quite clearly showed a photo of said items. It was also named as the DJ Hero 2 Party Pack (Double Deck). Doubting it would go through I left my order, expecting a cancellation and a possible voucher in return.

    Anyway, I recieved a copy of DJ Hero 2 on Saturday, but it was just the game. On my item delivery email I was sent the following:-

    "Dear Chris,


    We thought you'd like to know that the following item has been despatched and should be with you in a few days.

    Item Format Price Status

    DJ Hero 2 Party Pack (Double Deck) GAME £39.70 Despatched

    Kind regards,
    The Tesco entertainment Team"

    The photo of the item on the email quite clearly showed the Party pack not the disc alone.

    Have I got grounds to demand that they send me the Party Pack, as this is what was advertised, payment has been taken and I have received something totally different. I appreciate that I was totally aware that it was a misprice, but that's their issue, isn't it? Under the Sales of Goods Act, am I right in saying that since they have processed payment, they are not now in a position to take back their original offer?

    23 Comments

    Phone Customer Services and explain that you have been sent the wrong item, they should help you.

    Aren't they sending it?

    Original Poster

    Cheers Barky et al.

    Supermod

    Stopha

    Please send me a PM.

    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" 25th Oct 2010

    Supermod

    Rayhul

    Legally Tesco do not have to comply with the transaction, as the … 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.



    I disagree for the following reasons:

    1. Argos at the time were, by advertising a television for £3, offering you a discount of about 98.5% so this is clearly a misprice.

    2. Tesco were offering about a 65% discount on this game which could possibly be realistic.

    3. Tesco advertised a game and induced people to then only send to them a different game. They did not consider emailing those who had placed orders to tell them that they are not honouring the price with the party pack.

    So, you could argue that it isnt clear this is a mistake. As a comparison, when Harry Potter books were released they were sold by Tesco for £5 from £13. Discount of about 65%.

    The only similarity is that Tesco didnt have the intention to offer the party pack game but that is probably the only similarity and these two cases are very different.

    In some ways I agree hence why I said however because of the fact that they took the money....

    magicjay1986

    I disagree for the following reasons:1. Argos at the time were, by … I disagree for the following reasons:1. Argos at the time were, by advertising a television for £3, offering you a discount of about 98.5% so this is clearly a misprice. 2. Tesco were offering about a 65% discount on this game which could possibly be realistic.



    The fact that this was advertised/posted here with the title "mis-price" shows that you must of known and those who know their technology will know for a product that launched quite recently to be offered at that sort of discount, especially when there is no seasonal promotion near, than it is obviously a mis-price, when the percentage taken of is actually a little more than 70%.

    magicjay1986

    3. Tesco advertised a game and induced people to then only send to them a … 3. Tesco advertised a game and induced people to then only send to them a different game. They did not consider emailing those who had placed orders to tell them that they are not honouring the price with the party pack. The only similarity is that Tesco didnt have the intention to offer the party pack game but that is probably the only similarity and these two cases are very different.



    They advertised a hardware along with the game, they however, as far as I am aware, sent customers the game only and not the hardware. Also there was no need for an email as they were honouring the price for the game but clearly mistakenly placed the hardware on their website.

    Books generally do not have the same costs associated with manufacturing a hardware for a games console. New books are constantly sold by WHSmith for 60 to 70% off all the time, that clearly isn't a mis-price.

    I am not favouring Tesco and do not work for them and do hope that this does go further and make some new legislation or rules for internet shopping, I was only pointing what they could potentially argue back. It could go either way.

    Supermod

    magicjay1986

    I disagree for the following reasons:1. Argos at the time were, by … I disagree for the following reasons:1. Argos at the time were, by advertising a television for £3, offering you a discount of about 98.5% so this is clearly a misprice. 2. Tesco were offering about a 65% discount on this game which could possibly be realistic.

    magicjay1986

    3. Tesco advertised a game and induced people to then only send to them … 3. Tesco advertised a game and induced people to then only send to them a different game. They did not consider emailing those who had placed orders to tell them that they are not honouring the price with the party pack. The only similarity is that Tesco didnt have the intention to offer the party pack game but that is probably the only similarity and these two cases are very different.



    I am well aware that it could go either way. Hence the content of my post.

    magicjay1986

    I am well aware that it could go either way. Hence the content of my post.



    Really? didn't seem clear to me hence my reply.

    Supermod

    Rayhul

    Really? didn't seem clear to me hence my reply.



    I have enough experience to know that no case is ever certain so I wouldn't ever say that a case is 100% likely to proceed. If I was to give a percentage on this matter I would say its about 55% in your favour.

    In my opinion the Argos case was about 15% in your favour.

    Edited by: "magicjay1986" 29th Oct 2010

    magicjay1986

    I have enough experience to know that no case is ever certain so I … I have enough experience to know that no case is ever certain so I wouldn't ever say that a case is 100% likely to proceed. If I was to give a percentage on this matter I would say its about 55% in your favour. In my opinion the Argos case was about 15% in your favour.



    Never doubted your experience but saying that you don't really need experience to say that it could go either way however if I was to give a percentage as to the likely hood of winning the case I would say roughly the same as you.

    Supermod

    Rayhul

    Never doubted your experience but saying that you don't really need … Never doubted your experience but saying that you don't really need experience to say that it could go either way however if I was to give a percentage as to the likely hood of winning the case I would say roughly the same as you.



    That comment wasn't aimed at you in a playground fashion of "I know more than you". It was just to say that I see many of these matters and they never quite go as people expect them to.

    People get carried away thinking that morals overrule the law but it isn't until they take a step back that they realise it could be a waste of time and money to take a matter to court.

    magicjay1986

    That comment wasn't aimed at you in a playground fashion of "I know more … That comment wasn't aimed at you in a playground fashion of "I know more than you". It was just to say that I see many of these matters and they never quite go as people expect them to. People get carried away thinking that morals overrule the law but it isn't until they take a step back that they realise it could be a waste of time and money to take a matter to court.



    True sometimes it is better to just forget it and move on, though if enough people do manage to complain to the OFT (which I think is a better option than fighting it alone with the legal bills etc) then they could be in luck just like the Kodak case where Kodak ended up honouring the deal, due to the OFT's involvement, losing millions.

    I personally do not for one moment believe tesco misled people 'unknowingly'. I believe Tesco to be a sly, underhand company that will fool customers and patronise them to further increase profits. I know all companys do this to a certain extent but i believe Tesco to be the market leaders in this field.

    Supermod

    jonny619447

    I personally do not for one moment believe tesco misled people … I personally do not for one moment believe tesco misled people 'unknowingly'. I believe Tesco to be a sly, underhand company that will fool customers and patronise them to further increase profits. I know all companys do this to a certain extent but i believe Tesco to be the market leaders in this field.



    What evidence do you have?

    Well this one... The fact that they used to be cheapish and have now got expensive. They offer deals like buy 1x350g cheese get two free, only thing is the first one is £4.50... and the 400G is £3.99 absolute maximum!

    They rope people in with clubcard points being worth 4x as much and are changing it to 2x as much... i could go on all night.

    Supermod

    jonny619447

    Well this one... The fact that they used to be cheapish and have now got … Well this one... The fact that they used to be cheapish and have now got expensive. They offer deals like buy 1x350g cheese get two free, only thing is the first one is £4.50... and the 400G is £3.99 absolute maximum!They rope people in with clubcard points being worth 4x as much and are changing it to 2x as much... i could go on all night.



    Your cheese example is ridiculous. How are they roping you in when you have a choice to either but it or don't buy it. You get 3 cheeses for £1.50 each and this, in your opinion, is a travesty?

    Also, the Clubcard exchange is not 2 times the value. It is 3 times the value.

    They are changing it to 2x the value. Ok forget the cheese one, lol. I just have a dislike of tesco that is growing and threads like this just add to my utter dislike of them. Didnt help when i ordered a pre order off them 5 months ago and got it 3 days late

    Supermod

    jonny619447

    They are changing it to 2x the value. Ok forget the cheese one, lol. I … They are changing it to 2x the value. Ok forget the cheese one, lol. I just have a dislike of tesco that is growing and threads like this just add to my utter dislike of them. Didnt help when i ordered a pre order off them 5 months ago and got it 3 days late



    No, they are not.

    They will double the Clubcard values for instore purchases but it will be 3 times for vouchers online.

    Banned

    jonny619447

    They are changing it to 2x the value. Ok forget the cheese one, lol. I … They are changing it to 2x the value. Ok forget the cheese one, lol. I just have a dislike of tesco that is growing and threads like this just add to my utter dislike of them. Didnt help when i ordered a pre order off them 5 months ago and got it 3 days late


    wrong - its 3x!

    paranoia, much lol!

    jonny619447

    They are changing it to 2x the value. Ok forget the cheese one, lol. I … They are changing it to 2x the value. Ok forget the cheese one, lol. I just have a dislike of tesco that is growing and threads like this just add to my utter dislike of them. Didnt help when i ordered a pre order off them 5 months ago and got it 3 days late



    LMAO

    Supermod

    Rayhul

    LMAO



    I know!! I couldn't stop laughing at the time!!
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