I think the fact that this was on the sites for Woolworths, Virgin, Dixons and Tesco says that this must have come from Microsoft.. Their advertisimg blurb must have been wrong, how else wall all of the shops make exactly the same mistake.

someone at Microsoft should be in for the chop for this

Amazon had this problem and had to pay out - its Microsoft's error and they should pay! I'm waiting for 2 and have a delivery note with 16th Nov delivery date - money has been taken off my card aleady!

I got the above email but as woolworths and virgin actually made sales for under the £35 yesterday and tesco was claiming to be cheaper they legally have to supply.

Also if money has changed hands i.e they have taken money from your account a contract has been formed and they have breehed the contract

"They legally hav to supply"

No they don'**** nowhere near as straightforward as that.

Price advertised, order completed, payment take, order confirmed ---> then they want to withdraw.

Can you imagine them chasing you out the store and beating on your car window demanding their goods back

They're using section3 of the T&Cs to get out of it...

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.

I wonder whether this is fully compliant with statutory rights. They're not saying they priced the product incorrectly, they're saying that they described it incorrectly, and relying on section 3 to cancel the order by denying that any contract exists.

Any experts on trades descriptions, retail and mail order regulations care to comment?

I wonder what trading standards would make of it?

I would guess that they cant put whatever they want in their T&Cs and expect them to be honoured so the national statute would supercede this (and the european one if you really pushed it)

This would be applied in the same way that if tesco said "on buying with us you agree to work in out shops up until and including the day you die" That wouldnt fly either :-)

The main point here is that this was not a mistake in the normal use of the word. Their systems price checked and lowered the price to beat their competitors. They were legitimately offering the goods at the lower price, and IMO should honour that.

The only thing they could do afterwards would be to tighten up their price match software to make sure they dont do it again.

And now what? How can we claim back our orders? Mine has been cancelled but I want to fight back. Anyone knows how?

LOL I wish Best Buy would make a mistake over here like that! What's 35 pounds in dollars? A lot less than 400 I know that for sure. LOL

I would guess that they cant put whatever they want in their T&Cs and expect them to be honoured so the national statute would supercede this (and the european one if you really pushed it)

This would be applied in the same way that if tesco said "on buying with us you agree to work in out shops up until and including the day you die" That wouldnt fly either :-)

The main point here is that this was not a mistake in the normal use of the word. Their systems price checked and lowered the price to beat their competitors. They were legitimately offering the goods at the lower price, and IMO should honour that.

The only thing they could do afterwards would be to tighten up their price match software to make sure they dont do it again.

It was an obvious mistake and people claiming that they should deliver are just thieves.

well, well well.

I'm wondering how a wireless entertainment pack doesn't include the one thing you need to enjoy the entertainment, an XBOX!!!! and even if the pack wasn't supposed to include the XBOX how come they were able to offer a wireless controller and two games which should retail at well over £100.00 anyway?
It sounds to me like they've ****ed up big time and don't want to admit it and would rather mug off the general public and cancel everyones orders than save face and admit there blunder. Surely it would be better customer service to keep us all happy by fulfilling the orders and not breaking the contracts of sale in which they entered.
If a price is advertised and I agree to pay that price and my offer is accepted by confirmation of order then surely a contract of sale is in place?

Send me a Xbox or the six I ordered(hee hee!) and I'll shut up, don't and I'll pursue this to the courts if I have to!!!

Lets get together and give them what for!!!

Lots of Love
A pissed off TESCO customer.xxx

From http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt:" onclick="window.open ( this.href ); return false;" class="comment_url" >http://www.trading....txt:

"I want to purchase a three piece suite that is on display in a shop. The shop refused to sell it to me. Does a shop have the right to refuse to sell goods?"
---
Yes! Goods on display in a shop are there for you to make an offer to buy, the shop is not obliged to accept your offer. The same applies where goods have been labelled with the wrong price; the shop does not have to sell at that price.

There are a few misleading posts on here. First the comparison with the offer in the shop has to be put in context. If something is for sale in a shop, that is called an invitation to treat. What that means is that the shop is inviting you to make them an offer on the goods. So you go to the shop assistant and say yes, I would like to buy that 3 piece suite at £100 please. It is when the sales assistant accepts your offer to pay what is on the ticket that the contract is formed. Hence if the suite is priced wrongly, and you offer the shop say, £1 the shop can refuse your offer and there is no contract.
Regarding purhcasing online, whether you can enforce sale at a price depends upon whether a contract has been formed. For a contract you need offter, acceptance and what is called consideration. The offer is the offer to sell (or buy) the goods, the acceptance is the agreement to buy (or sell) and the consideration is the cash to pay for them.
Therefore, if Tesco wrongly advertise something, that is likely (like in a shop) be an invitaion to treat. You filling in the web form and clicking buy is the offer. Now, they say in their T&C's (according to a post above) that the contract is not formed until they despatch the goods at which point they take their money. However, someone has reported his money been taken, then after this TESCO have cancelled the contract.
The conclusion is if they cancel before taking the money, then in accordance with the T&C's there is no contract and they cannot be bound. YOU made them the offer and they did not accept. There was no consideration as no money was paid. However, if they took your money, but failed to despatch the goods they have problems- the contract was in my opinion formed and the consideration was paid- the money. The fact they did not despatch is inconsistent with their own terms and so they would have problems relying upon them. Therefore if they have taken your money, you would have a good chance at small claims court if you did not receive your goods.
They could attempt to argue that the contract is void on the grounds of mistake, but that is another story.............

Terms and conditions are not valid even if written on the web site, if they breach basic consumer rights.Retailers often try this trick, i.e. no refund etc... Again this illegal.
If this goes to court, TESCO should lose.

Is anyone taking this to a small claims court and does anyone know the time limits to do this by.

I really want to take this further as there needs to be a case that evryone knows about. It seems no one is completely sure about the legalities.

1. Court will cost you more than 35 pounds.
2. No one has been harmed by the cancelled orders.
3. EVERY individual who thought to buy one of these drastically discounted XBOX units at some point had to realize it was an error, yet chose to ignore common sense and order it anyway.
4. No company is legally obligated to follow through on a sale where an error in price has been realized.

well said get a life, everyone knew it was a mistake when they ordered, its not like they queued for hours to get it, terms and conditions are there for a reason, its not like tesco had it advertised like xbox for £35, yes thats right £35 its not a mistake hurry while stock lasts and then decided not to do it, if tesco had a brochure selling beans for 5p and they were actually 10p and they were covered by terms and conditions in brochure, noone would take them to court because they wouldn't win so regardless of what the product is, it was a mistake so get over it, ever heard the expression always read the small print??

RE:"Get a Life" #18 and "sammyb" #19 - Hear Hear!
It looks as if what I would consider to be a trade site is being infested with the sort of tyre kicking numpties that I have to put up with everyday!
Those of you whinging donkeys that have posted above grizzling about your 'offer' should stick to eBay, Amazon and DHGate et al!

What you have to remember is that Tesco are only covered if there was a mistake, which this wasn't because the Spider software was working fine and was doing its job. There was no mistake ergo there was no error so Tesco are infact obliged to deliver goods that they have accepted payment on. Tesco having such a ridiculous piece of software is at fault here, not the customer.

Of course it was a mistake. A bit of fun to try it on and see if they shipped, but once they caught their mistake and issued a statement its all done and dusted and whinging that you "deserve" the goods that were mistakenly priced and that you were so smart to hear about from your pissed up mate down the pub and rushed home to try and exploit are just utter rubbish.

get over it and move on

Forget the rest of this "controversy", this much is clear:
Get a Life, sammyb, Quetelet, (no name), and me me are either:
1) employed by Tesco
2) sycophantic corporate suck-ups on a level that would embarass Waylon Smithers himself
3) all the same person
4) all of the above

I'm going with 4.

I don't understand the people defending TESCO. They messed up, so they have to pay out. I can't imagine anyone is going to be crying over TESCO loosing a few quid (boo hoo)! Its not everyday that something goes in favour of the little man.

Its simple trading standards. Onc small claims court claim (that costs 50 quid to apply for a case, which the loser pays) and you've bagged yourself an XBOX 360 - or rather I've bagged myself one of the 32 that my mate Dave ordered!

You are all greedy and stupid.
How can anybody, and I mean ANYBODY, think they are going to get an xbox 360 for 35 quid!.
If you truly believed this was the correct price you don't deserve ANYTHING.
A second hand xbox in poor condition would sell for at least triple that price and a second hand ps2 would cost more!
Once again YOU ARE ALL STUPID AND GREEDY.
especially greedy.

whether u take tesco to a small claims court or european high court...
i can absolutley guarantee that none of u sad soppy stingy ****s are gonna get ur xbox for £35.

brrrap

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This made me spit my coffee over my keyboard.

(I'm in a silly mood)