Tesco Direct – Misrepresentation, breach of contract and my rights?

[wales01man]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Think they are within their rights to cancel any order as long as money is refunded cannot see unless they want to

[des8]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Tesco Direct terms & conditions state 15.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you ......at this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us.

So no contract formed, so you can't sue for specific performance.

IMO all you can do is to reject the set sent you but tell them you'll keep it until they arrange collection, and request a full refund (including any delivery charges)

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Tesco Direct terms & conditions state 15.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you ......at this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us.

So no contract formed, so you can't sue for specific performance.

IMO all you can do is to reject the set sent you but tell them you'll keep it until they arrange collection, and request a full refund (including any delivery charges)

The first part of the bit in red looks rather unfair - they could dispatch anything, regardless of your original order and send an email saying so but that doesn't have your express agreement! Surely a contract is formed when they accept your specific order (and your money) whatever they may say in their t&c's?

Do you have any such email Johnboy?

[Johnboy]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

The first part of the bit in red looks rather unfair - they could dispatch anything, regardless of your original order and send an email saying so but that doesn't have your express agreement! Surely a contract is formed when they accept your specific order (and your money) whatever they may say in their t&c's?

Do you have any such email Johnboy?

I have a confirmation e-mail saying I ordered the 46” TV but I’ve only just noticed I had a dispatch e-mail that I didn’t read stating they had dispatched the 32” I received.

At no point did they send me an e-mail informing me they were going to send the smaller TV instead of the larger one I ordered inbetween me ordering and them dispatching.

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

This includes details of how to exercise any right to cancel and who is responsible for the cost of returning goods. If the seller has already provided this information they don't need to do so again.

If the seller wants to send substitute goods, because they don't have the items you wanted in stock, it should say so before you place your order.

The cost of returning substitutes should always be at the seller’s expense.

The above from the "Which?" website

[ostell]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

CEO address is: philip.clarke@uk.tesco.com and it was responded to by the minions in the office, whose address I gave earlier. This was about 3 weeks ago.

[Johnboy]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

CEO address is: philip.clarke@uk.tesco.com and it was responded to by the minions in the office, whose address I gave earlier. This was about 3 weeks ago.

That’s the one I found when I googled it but a number of people on recent threads stated it wasn’t working so I didn’t bother. I’ll also try that tonight thanks.

[Guest]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Hi, nope it was a Tesco Direct order from their website.

I had it delivered to my home and not to the store for collection if that makes any difference.

Johnboy

Yep it does it means that the distance selling regulations apply.

http://whatconsumer.co.uk/mail-order...#axzz2l0cJXbRS

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Yep it does it means that the distance selling regulations apply.

http://whatconsumer.co.uk/mail-order...#axzz2l0cJXbRS

So the OP has the right to a full refund including delivery and collection of the TV which was inferior to (and presumably a cheaper model than) the one ordered and paid for.

Out of curiosity, would Tesco Direct's T&C's - particularly this one:

15.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you ......at this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us.

be considered fair in law?

Does the OP have any further redress?

[KenHo]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Am I missing something here? Why don't you just take/send it back and get your money back. It won't be a problem, they will just refund what you spent, then you buy another telly.

[Guest]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

So the OP has the right to a full refund including delivery and collection of the TV which was inferior to (and presumably a cheaper model than) the one ordered and paid for.

Out of curiosity, would Tesco Direct's T&C's - particularly this one:



be considered fair in law?

Does the OP have any further redress?

http://www.legislation.gov.uk/uksi/2...lation/10/made

Yes that is right as long as it is within 7 days of delivery or when the buyer is advised of his rights, it does not matter what is said on the contract(you cannot "contract out" of a legal requirement)

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

I was wondering about "loss of bargain"?

[wales01man]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

loss of bargain weres that law?

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

loss of bargain weres that law?

http://www.legalbeagles.info/forums/...-clarification

[Johnboy]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Just got off the phone to Tesco and to my amazement they’re honouring the deal.

They’ve set up a dedicated team to deal with the issue, I’m not the only one.

I’ve been told to disregard the description and I’ll receive a TV that matches the title of the original offer.


Didn’t see this one coming.