Tesco issue

paulineo1

Hi, I'm not sure which section to write this but here it goes: was in Tesco earlier today and found some items scanning at 1c so I put them in my trolley and along with a few groceries went to the self check out, while I was scanning the items a young assistant came up and told me that they were recalling the 1c item to which I replied I don't think they are they are just scanning at 1c, she said she had to check with a supervisor. I continued to scan my items and by the time they returned had paid for all my shopping, the manager took the items and said they are not for sale, I told her that I had already purchased them and showed her my receipt. She told me under no circumstances was I leaving the store with them. I referred to an email saying tesco are allowing 1c items go through and that it's ok to sell. She got security down, and there was abit if a scene, she refused to give me her name and walked off with my items. I called her back to ask for her name and to speak with the store manager, she removed her badge and at this stage customers were starting to watch. She tried to refund me 6c to which I refused as I wanted my items. I was getting nowhere with her so I left with my receipt and without my items or the "refund". I was told to customer service if I had a problem, it was so embarrassing. Does anyone know what my rights are?? Do I take it further? Am I entitled to the items?? Not sure what way to go but am fuming at the way I was treated!! Advise would be really appreciated.

dudara

What do you mean when you say that you "referred to an email saying that Tesco are allowing 1c items to go through"?

It sounds as if you went in there with some pre-information. By going to the self-checkout, it seems as if you intended to circumvent the regular checkout. Can you share any more information?

paulineo1

There is a tesco bargains page on boards and lately there had been many different items scanning at 1c, most people have been sold these items with no issue including DVD players, toys, ds games, etc... I came across some of these today and thought there wouldn't be an issue as other boardies were getting these "bargains" I didn't think there would be an issue tbh but when the checkout manager came over I showed her an email a fellow boards member posted regarding the sale of 1c items and customer service had said they were allowed to be sold, she was having none of it. I'm just not sure if in entitled to them but I have paid for them and as the sale was completed, is she allowed to take them from me. Btw the items are kids scooters nothing to major but I'm fuming about the way she handled it.

athtrasna

dudara wrote: »

What do you mean when you say that you "referred to an email saying that Tesco are allowing 1c items to go through"?

It sounds as if you went in there with some pre-information. By going to the self-checkout, it seems as if you intended to circumvent the regular checkout. Can you share any more information?

It's all over the supposed "Tesco Bargains" thread..more talk about this than posting bargains these days :mad:

michael999999

Seems you tried to pull a fast one IMHO!

Muff Richardson

paulineo1 wrote: »

Hi, I'm not sure which section to write this but here it goes: was in Tesco earlier today and found some items scanning at 1c so I put them in my trolley and along with a few groceries went to the self check out, while I was scanning the items a young assistant came up and told me that they were recalling the 1c item to which I replied I don't think they are they are just scanning at 1c, she said she had to check with a supervisor. I continued to scan my items and by the time they returned had paid for all my shopping, the manager took the items and said they are not for sale, I told her that I had already purchased them and showed her my receipt. She told me under no circumstances was I leaving the store with them. I referred to an email saying tesco are allowing 1c items go through and that it's ok to sell. She got security down, and there was abit if a scene, she refused to give me her name and walked off with my items. I called her back to ask for her name and to speak with the store manager, she removed her badge and at this stage customers were starting to watch. She tried to refund me 6c to which I refused as I wanted my items. I was getting nowhere with her so I left with my receipt and without my items or the "refund". I was told to customer service if I had a problem, it was so embarrassing. Does anyone know what my rights are?? Do I take it further? Am I entitled to the items?? Not sure what way to go but am fuming at the way I was treated!! Advise would be really appreciated.

What were the items? It's relevant as if it was something like a plasma tv it was clearly an error

athtrasna

Muff Richardson wrote: »

What were the items? It's relevant as if it was something like a plasma tv it was clearly an error

The OP has already posted that it was kids scooters. The logic behind the 1c pricing is also explained in the Tesco Bargains thread.....

paulineo1

Muff Richardson wrote: »

What were the items? It's relevant as if it was something like a plasma tv it was clearly an error

They were kids scooters, I know you wouldn't normally get items that cheap but from what I'm seeing on the tesco thread people have been sold DVD players, ds games & one guy even got a tv for a 1c so I really didn't think there would be an issue with some scooters!!

Youzername

This?

Invitation to Treat

jahalpin

Youzername wrote: »

This?

Invitation to Treat

I would have thought that once payment has been accepted, that the contract has been completed and that the invitation to treat has been accepted by the store

Kristopherus

Youzername wrote: »

This?

Invitation to Treat

BS:mad:

michael999999

jahalpin wrote: »

I would have thought that once payment has been accepted, that the contract has been completed and that the invitation to treat has been accepted by the store

She was told not to scan them, but carried on anyway!

paulineo1

michael999999 wrote: »

She was told not to scan them, but carried on anyway!

I wasn't told not to scan them, her words were I THINK these have been recalled to which I relied I don't think so they are just scanning at 1c, she said ok I'll just check with a manager, she didn't tell me not to scan my other items which were mainly food, I completed the transaction and waited for the manager, I could have just left and taken them as I paid for them. I'm not trying to pull a fast one, if you look at the tesco thread you will see what others have purchased!! I just thought as I paid they had no right to take them from me or do they?? That's all I wanted to know??

Bepolite

Clearly pricing errors which you tried to take advantage of. I'm not surprised she took her badge off <SNIP>.

An agent of the store intermediated they might not be willing to accept your offer for the items you went ahead anyway. You've no right to attempt to force through a transaction just because you don't agree with what the property owner has said.

paulineo1

Bepolite wrote: »

Clearly pricing errors which you tried to take advantage of. I'm not surprised she took her badge off you <SNIP>.

An agent of the store intermediated they might not be willing to accept your offer for the items you went ahead anyway. You've no right to attempt to force through a transaction just because you don't agree with what the property owner has said.

Serious a nut??? I only asked what my rights are? There are people getting DVD players and other expensive items, I was delighted to think I was getting a bargain, who wouldn't?? According to the Tesco thread, customer service had said there was "no issue" that the items are to be sold, I didn't want to cause a fuss but the manager grabbed them, was so loud she caused all the drama and walked off, her attitude was awful.

Bepolite

paulineo1 wrote: »

Serious a nut??? I only asked what my rights are? There are people getting DVD players and other expensive items, I was delighted to think I was getting a bargain, who wouldn't?? According to the Tesco thread, customer service had said there was "no issue" that the items are to be sold, I didn't want to cause a fuss but the manager grabbed them, was so loud she caused all the drama and walked off, her attitude was awful.

After searching I found the thread, it's no where near as clear cut as you make out. You were being a chancer, you knew you were being a chancer and someone got annoyed. It was probably the 50th time that day the person had to deal with someone trying it on due to a system issue. A bargain is a €50 Blu-ray player at €35. A €50 item selling at a fraction of a percentage of it's retail value is an error.

The other option would have been to close rather than relying on people to exercise common sense.

The only stupid thing here is using pricing codes like this for returns. It's common industry practice to mark out items with a value. For example discontinued items at X.96 cent. It's clear these 1 cent times were meant to be withdrawn and returned to the suppliers or wasted. In the latter case it may be illegal for them to sell them. The only criticism I have is why not use €999.99.

paulineo1

Bepolite wrote: »

After searching I found the thread, it's no where near as clear cut as you make out. You were being a chancer, you knew you were being a chancer and someone got annoyed. It was probably the 50th time that day the person had to deal with someone trying it on due to a system issue. A bargain is a €50 Blu-ray player at €35. A €50 item selling at a fraction of a percentage of it's retail value is an error.

The other option would have been to close rather than relying on people to exercise common sense.

The only stupid thing here is using pricing codes like this for returns. It's common industry practice to mark out items with a value. For example discontinued items at X.96 cent. It's clear these 1 cent times were meant to be withdrawn and returned to the suppliers or wasted. In the latter case it may be illegal for them to sell them. The only criticism I have is why not use €999.99.

In fairness I know its impossible to purchase anything for 1c but I saw on the Tesco thread that they were allowing these items to be sold and when I came across them I was delighted, I'm not going to lie. I honestly didn't think there was going to be a big issue as I saw what others were purchasing with no issues, I just didn't think there needed to be a big scene, look I'm sorry I even asked for advise tbh.

Shelflife

its an interesting situation. On the one hand I would respectfully suggest that the Op was taking advantage of a pricing error, however if Tesco knew there was a problem they should have either removed the products from display or as bepolite as said priced them at €999.99.

However they didn't rectify their problem and the OP bought and paid for the products, it is reasonable to assume that they are now at this stage the property of the OP regardless of what Tesco may say. You cant simply walk up to someone take their property and give them money for it. If you don't want to sell it no one can make you.

If you take something belonging to someone who doesn't want to sell it is that theft?

Gran Hermano

If Tesco priced them at 999.99 you'd probably have chancers taking advantage of the 'double the difference' pricing policy.

Youzername

Can anyone link the Tesco Bargain Thread? I've posted in it, but can't seem to find it now??

Kristopherus

Youzername wrote: »

Can anyone link the Tesco Bargain Thread? I've posted in it, but can't seem to find it now??

This is where it all starts off. The following pages give details of the emails.

http://www.boards.ie/vbulletin/showthread.php?t=2056419774&page=446

foggy_lad

The goods were on sale in the store, the op brought some of these items priced at 1cent to the self service till provided by tesco for their own convenience, the customer started to scan their goods and the self service operated told her that she thinks those 1cent items have been recalled, the op says she does not think that is the case. The operator then says she has to check with a manager. She did not say don't checkout any more items, she did not take the items away before the transaction completed which is what should have been done!

The op completed the transaction and the items now belong to her. Store manager arrives and proceeds to steal the items from the op with veiled threats about not getting the items outside the store.

The manager is completely in the wrong and the op should seek legal advice!

dudara

The problem is that the self-service scanners don't allow for intervention on the part of Tesco. In that sense, it's like all the internet pricing mistakes that people try to take advantage of. The old concept of contracts & invitation to treat isn't quite up to date with automated shopping.

To be honest, the OP knew she was chancing her arm. In my view, you reap what you sow.

wmpdd3

Legally, you haven't a hope. (wrong see post below!)

But, customer service in Tesco are saying that once you find a 1c item, you can buy it.

This goes against 10 years of training that every person in Tesco gets, so it will be difficult to get your item for 1c without the email from customer service.

bardcom

dudara wrote: »

The problem is that the self-service scanners don't allow for intervention on the part of Tesco. In that sense, it's like all the internet pricing mistakes that people try to take advantage of. The old concept of contracts & invitation to treat isn't quite up to date with automated shopping.

To be honest, the OP knew she was chancing her arm. In my view, you reap what you sow.

In this situation, a binding contract was created once the money was paid and accepted. Invitation to Treat ends once money is accepted by the vendor. And yes, Tesco should reap what it sows.

I'm sure the OP couldn't believe their luck as opposed to blatant chancing their arm.

bardcom

wmpdd3 wrote: »

Legally, you haven't a hope.

Eh? On what basis exactly?

Legally, a valid contract was created once they took the money. Even issued a receipt confirming that a contract exists.

wmpdd3

Oh I just read the post again, transaction was completed!

My post was based on the checkout person canceling the items from the transaction.

Op, get a letter off to Tesco, the goods are yours, can't believe the manager took them off you! Madness, you should get a serious apology over this, that's completely mad.

P. Breathnach

wmpdd3 wrote: »

Oh I just read the post again, transaction was completed!

The transaction was "completed" after a staff member clearly indicated that there was a problem with it, and that a supervisor's guidance was required. That rather undermines OP's position.

Shelflife

P. Breathnach wrote: »

The transaction was "completed" after a staff member clearly indicated that there was a problem with it, and that a supervisor's guidance was required. That rather undermines OP's position.

Hmmm not too sure about that, a sales assistant isnt clear on a matter and the sales assistant goes to get clarification. If they were being recalled they shouldnt have them on the shelf.

As they were bought and paid for, the manager had no right to take them off the OP. In effect she has stolen the goods from the Op. If it was a pricing error or a genuine recall for safety reasons, then this should have been cleary explained to the OP and apologies made.

At best its badly handled, at worst theres a storm brewing for the assistant manager in question. You cant just go up to someone and take back their shopping that they have bought.

leck

If it was just one scooter at 1c, maybe they would have let it slide. When they saw you with six, they might have thought you were a reseller. However, I think it's hard for them to justify taking them off you if the transaction had still gone through.

Bepolite

Shelflife wrote: »

its an interesting situation. On the one hand I would respectfully suggest that the Op was taking advantage of a pricing error, however if Tesco knew there was a problem they should have either removed the products from display or as bepolite as said priced them at €999.99.

However they didn't rectify their problem and the OP bought and paid for the products, it is reasonable to assume that they are now at this stage the property of the OP regardless of what Tesco may say. You cant simply walk up to someone take their property and give them money for it. If you don't want to sell it no one can make you.

If you take something belonging to someone who doesn't want to sell it is that theft?

You've it exactly right but the wrong way round. The OP was told that the pricing needed to be checked and rang them through anyway. As for theft, it's a complicated mens rea requirement probably made out by neither party in this case but again there is an argument that what the OP has done is theft.

As for the self service check outs, the price is indicated on the goods on the shelf, if this does not match the scanning price then the OP is under an obligation to inform the store and wait for a reply. It's a different matter if they didn't notice but the OP has gone looking for this stuff and was well aware of the situation.

spinga

You paid for the goods by a means which tesco accept.
They were your goods , you had your reciept.
I do not think they can accuse you of anything.
btw taking off her badge is a disgrace , if she believed she was right ,why would she do this...get your goods back you paid for them they are yours...

wmpdd3

If they were 'recalled' they wouldn't scan at all, so that statement was crap.

Shelflife

Bepolite wrote: »

You've it exactly right but the wrong way round. The OP was told that the pricing needed to be checked and rang them through anyway. As for theft, it's a complicated mens rea requirement probably made out by neither party in this case but again there is an argument that what the OP has done is theft.

As for the self service check outs, the price is indicated on the goods on the shelf, if this does not match the scanning price then the OP is under an obligation to inform the store and wait for a reply. It's a different matter if they didn't notice but the OP has gone looking for this stuff and was well aware of the situation.

I think you have it wrong be polite, The OP was told that the sales assistant thought they were being recalled, not that there was a pricing issue. She scanned and paid for goods in the manner specified by and acceptable to by Tesco.

How can you suggest that its theft by the Op ? She scanned the products and paid for them, its not her job to make sure that the scanned price is the same as the SEL, whos to say that it wasnt the same?

I agree that the Op may well be pushing the matter but its a problem of Tescos own making.

Agree that accusing the ass manager of theft may be a step too far but it was very badly handled and the fact that she removed her name badge would suggest that she knew she was on thin ice.

Fred Swanson

This post has been deleted.

Skid X

I don't understand why Tesco are changing the prices of stock to 1 cent, but leaving the reduced items on the shelves.

It's just asking for trouble, and their staff don't seem to know how to deal with the issue.

UncleChael

Call the guards, the manager stole your property.

wyndham

I would not have left the store without the property which you legally own. Get yourself back down there and speak to the most senior person available. You have been publicly embarassed and accused of theft/scamming apart from your property being witheld. You had every right to make a scene.

runawaybishop

Legally own my ass. They knew fine well what they were up to and pushed the items through deliberately.

Shelflife

runawaybishop wrote: »

Legally own my ass. They knew fine well what they were up to and pushed the items through deliberately.

So if you pay the asking price of a product, do you not own the product?

Mountjoy Mugger

Shelflife wrote: »

So if you pay the asking price of a product, do you not own the product?

Not if you bought it deliberately, it seems. :rolleyes:

runawaybishop

Shelflife wrote: »

So if you pay the asking price of a product, do you not own the product?

That's not what happened here.

mathepac

dudara wrote: »

... It sounds as if you went in there with some pre-information. ...

It sounds like that to you because the OP stated s/he went into to the shop with a copy of a Tesco email about 1c items.

dudara wrote: »

... By going to the self-checkout, it seems as if you intended to circumvent the regular checkout. ...

What do you mean by that remark? Are you trying to imply some wrong-doing on the part of the OP for using a self-checkout. Tescos supply all the checkouts and I don't remember seeing a sign directing wrong-doers to the self-checkout queue on my last visit.

dudara wrote: »

... . Can you share any more information?

It seems like a fairly comprehensive post to me. What else do you need to know? PPSN? Drivers-licence number?

Bepolite

There's a lot of barrack room lawyering going on in here. It's fine if you guys want to do that I'm happy to oblige, it's a hobby at this stage but it's not as simple as you make out. You've all sorts off issues with invitation to treat, offer and acceptance straight off the bat. After this we've all sorts of issues with mistake, consensus ad idem and various other issues.

As for theft - neither party makes out the mens rea for theft but if you want to go pushing definitions the OP situation is as tenuous as the employees. Have a read of the Criminal Law (Theft and Fraud Offences Act) if you want further clarification.

mathepac

UncleChael wrote: »

Call the guards, the manager stole your property.

and they may also be guilty of defamation if other shoppers observed the incident, with security guards attending to take your paid-for goods from you OP.

ytpe2r5bxkn0c1

OP was alerted to a problem and pushed the sale through regardless. She knew exactly what she was trying to pull.

runawaybishop

mathepac wrote: »

What do you mean by that remark? Are you trying to imply some wrong-doing on the part of the OP for using a self-checkout.

Clearly. Its just plain thieving.

mathepac wrote: »

and they may also be guilty of defamation if other shoppers observed the incident, with security guards attending to take your paid-for goods from you OP.

No, they will not be guilty of defamation. :rolleyes:

Fred Swanson

This post has been deleted.

Shelflife

OP paid the asking price of the products, the fact that they have a self service operating system leaves them open to pricing error losses.

while I agree the Op may be pushing it, its Tesco who are in the wrong here.

runawaybishop

Fred Swanson wrote: »

This post has been deleted.

How do you figure that? They approached and spoke to the OP who carried on regardless.

ytpe2r5bxkn0c1

Fred Swanson wrote: »

This post has been deleted.

I can't agree with that. An assistant told them there was a issue that needed to be checked and went to get guidance, only for the OP to go ahead regardless.