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

[Johnboy]

Hi I’m currently awaiting a response from Tesco customer services regarding an order problem.

To sum it up:

I bought a 46 inch 3D Samsung TV from Tesco Direct and they delivered a 32 Inch and a completely different model.

I have order confirmation emails stating I ordered a 46 inch, as well as screen shots of the order checkout and page detailing the offer (something I do whenever I buy a big ticket item)

After I received the wrong TV I logged into Tesco Direct and found my order details had been changed to the 32” TV I actually received.

At the time of ordering it wasn’t obvious there was a listing error or possible misprice. The difference between what I received and another TV of similar specification is roughly £170 more on Tesco Direct.

Just curious to know where I stand on this, can I pursue Tesco to fulfil their end of the bargain and supply me with a TV the size and specification I ordered?

Any input would be appreciated.

Many Thanks -Johnboy

[seduraed]

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

I'm no expert on contract law but if the haven't fullfilled their end of the bargain you have to placed in a situation as though the bargain had never taken place. So n other words a full refund but no TV.

[Tools]

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

From Tesco's Terms and Conditions

14. AVAILABILITY

14.1 All products advertised are subject to availability or while stocks last (as may be applicable).
14.2 We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
14.3 In the interests of all our customers, we may place restrictions on bulk buying of some products. If you try to bulk buy products that have bulk buying restrictions you will receive a message telling you to reduce the number of products you're trying to buy.

[Tools]

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

From Tesco's Terms and Conditions

13. DESCRIPTIONS AND PRICES OF PRODUCTS

13.1 We have taken care to describe and show products as accurately as possible. Despite this, products may vary from their descriptions. If there is anything that you do not understand, or if you wish to obtain further information, please contact customer services (see paragraph 25 below for contact details).
13.2 If there is a difference between the price for a product in the Tesco direct catalogue and the Tesco direct site, you will be charged the price on the Tesco direct site. The price offered in respect of a product on the Tesco direct site may differ from the price offered at the same time in Tesco stores. We are under no obligation to honour any in-store price or promotion in the event that it differs from those on the Tesco direct site or in the Tesco direct catalogue.
13.3 If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
13.4 All prices are expressed inclusive of any VAT payable unless otherwise stated.
13.5 The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout. See paragraph 15 below.


14. AVAILABILITY

14.1 All products advertised are subject to availability or while stocks last (as may be applicable).
14.2 We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
14.3 In the interests of all our customers, we may place restrictions on bulk buying of some products. If you try to bulk buy products that have bulk buying restrictions you will receive a message telling you to reduce the number of products you're trying to buy.

[Guest]

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

If this was orderd remotely(online or by telephone) you are covered by the distance selling regulations and have 7 days from receipt to reject the item and gain full refund.

[Johnboy]

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

Hi thanks for the replies

I’ve already been over their terms and conditions and cant really find anything that applies to my situation unless I’m missing something.

They supplied me with the wrong item, changing details and description after I ordered.

So would this not come under breach of contract if they refuse to supply the goods I originally ordered or loss of bargain?

Johnboy

[Guest]

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

Hi thanks for the replies

I’ve already been over their terms and conditions and cant really find anything that applies to my situation unless I’m missing something.

They supplied me with the wrong item, changing details and description after I ordered.

So would this not come under breach of contract if they refuse to supply the goods I originally ordered or loss of bargain?

Johnboy

So I take it this was purchased in store ?

[Johnboy]

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

So I take it this was purchased in store ?

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

[wales01man]

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

If has you say the Order was altered after you placed it do you have a copy of the original.
unlikelyn Tesco will do anything but refund money and collect TV as per there terms and conditions

[Johnboy]

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

If has you say the Order was altered after you placed it do you have a copy of the original.
unlikelyn Tesco will do anything but refund money and collect TV as per there terms and conditions

Hi, I have e-mail’s of my order confirmation and printouts of the checkout page and the webpage showing the original offer for a 46”

They were all changed after I ordered.

[wales01man]

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

May be grounds for a complaint have you tried

[Johnboy]

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

May be grounds for a complaint have you tried

I have tried, still waiting for a response – 3 working days now and still no reply or promised call back.

[ostell]

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

Complaints to Tesco about online shopping? No chance! It's your fault, or someone in your household! Having trouble with them where an order was raised using someone's account but it could not have possibly been them.

CEO's office: Ceo.Customerservice@uk.tesco.com

[MissFM]

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

Maybe an email to the CEO with a copy of the changed order might be worth a try?

neela.mukherjee@uk.tesco.com

[Johnboy]

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

Well this isn’t the first time I’ve had issues with Tesco, they’ve cancelled a few orders after taking payment with any real explanation.

I’ve tired phoning up direct, they say they can’t deal with it and said someone would phone me back, they never did.

Also used the email ostell suggested and have yet to receive a reply.

I thought Tesco’s CEO was someone called Phillip Clarke, from what I gather his email address doesn’t work.

I’ll also try neela.mukherjee@uk.tesco.com, it seems they’re the head of Tesco Direct. Thanks for that.