Minority Report & The Men Who Stare at Goats Blu-ray pre order - £3.97

scene

Moderator
Sep 25, 2008
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181
19,070
Well they are allegedly covered by Tesco's pre-order guarantee, which means you pay the lower of your order price or actual release price - so hard for them to wiggle out of...
 
A

Anonymous

Guest
Email received from Tesco cancelling orders, as suspected was an error.
 

chebby

Well-known member
Jun 2, 2008
1,245
11
19,195
staggerlee:Likewise received an e-mail saying order cancelled. Out of interest can they do that ?

In a shop, clutching a mis-priced item in one hand and cash or card in the other, no they can't. (Of course, as soon as they realise the mistake, they will clear the shelf and relabel the rest.)

Even if they are within their legal rights to 'up' the price at the till, no assistant in their right mind would try it for fear of the very public argument it would trigger off. They would just 'wear' the cost of their mistake on your item and scurry off afterwards to prevent it re-ocurring.

Online there is no possibility of such circumstances. (Apart from an easily ignored snotty email maybe.)
 

Big Aura

Well-known member
Oct 13, 2008
519
8
18,895
Had a look as tesco's terms and conditions, and they've obviously had a first year law student write them.

A contract is constituted by "offer" and "acceptance". They've decided that you making payment to them is merely the offer and that "acceptance" doesn't occur until the goods are shipped. That certainly wouldn't stand up in court - depends if you care enough to take a test case?!

Perhaps a simple threatening email may cause them to reconsider.
 

robjcooper

Well-known member
Sep 29, 2008
61
0
18,540
Christ Big Aura, I hope you don't work for The Citizens Advice Bureau. Tesco have done nothing wrong, as the following extract from the terms and conditions from their website quite clearly shows.
[*]Prices
The prices payable for the items that you order are clearly set out in the web site. 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. All prices are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed in the 'Help' section of the web site. Where items are ordered pre-release, an estimated retail price will be given, in which case the price charged may be different, as the order may have been placed as much as three months prior to release. Please note that online prices may vary from those in store.

Back to top
[*]Back to top[*]Acceptance
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods.

Order status may be checked daily on the Tesco.com website. For pre-release orders, please check nearer the expected release date in case it has changed, especially if required as a gift.

Pretty clear to me and I'm not even a law student.
 

staggerlee

New member
Apr 11, 2008
41
0
0
Its not really worth a fight. I think we all knew that the price was a mistake. Actually there first year law student must be very good. Its very well written
 

Highway

New member
Oct 20, 2008
25
0
0
chebby:
staggerlee:Likewise received an e-mail saying order cancelled. Out of interest can they do that ?

In a shop, clutching a mis-priced item in one hand and cash or card in the other, no they can't. (Of course, as soon as they realise the mistake, they will clear the shelf and relabel the rest.)

Even if they are within their legal rights to 'up' the price at the till, no assistant in their right mind would try it for fear of the very public argument it would trigger off. They would just 'wear' the cost of their mistake on your item and scurry off afterwards to prevent it re-ocurring.

Online there is no possibility of such circumstances. (Apart from an easily ignored snotty email maybe.)

Chebby,

If I understand your post you are saying that if you were in a shop with cash in hand, they would have to sell you the mis-priced item. Not true. Have a read of the extract below.

The Shop Has to Sell at the Displayed Price
This is another common consumer misconception. If you see an item
priced at what you think is an absolute bargain - beware. If a shop
misprices an item, and for example misses a zero from the displayed
price, you might think that you can walk up to the till and insist that
you're allowed to take the goods away at the displayed price. This is
actually wrong. It comes down to basic contract law, and a price label
on goods is what's called, 'an invitation to treat' - that is, an
invitation for you as a consumer to make the seller an offer to buy
those goods.

You make the offer of the price stated on the goods - at this point if
the seller realises that there has been an error, they can refuse to
sell you the goods and tell you that they will sell them to you at the
correct price. You cannot insist that they sell the item to you for the
stated price - in fact you can't actually insist that they sell the
goods to you at all.

If I misinterpretted your comment sorry.
 

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