Result! Consumer heavyweight Len Dastard takes Tesco down
Ha sido un tiempo! Me han echado de menos. It is I, Len Dastard, a genuine legal eagle with a flimsy Mexican wrestling personae. I have been away, but do not ask where I have been as I cannot tell you. If I tell you, I will have to apply the Death Grip of Jesucristo and that is not something I would wish to do to you, my avid readers.
You may remember that we challenged Tesco to a no-holds barred contest in November on behalf of HUKD member Midlandscomic.
You can relive that challenge right here, but in short: Midlandscomic bought a DJ Hero 2 Party Pack for Xbox 360 online for just £39.70 It was a very low price but Tesco were very clear about what was being sold:
Tesco took the money and then sent the item, thereby forming a customer contract. However, they sent the software only and not the hardware, despite the clear product description and image on their their website. Tesco claimed the hardware was never promised, even though they admit making a chupacabra's ear of the description.
It took them some time (and many chasing emails) but we finally had a reply from them over the weekend:
Thank you for your patience. I can confirm that our Legal and Commercial Teams have now advised me that we will be sending out the associated hardware for the DJ Hero 2 Party Pack shortly.
This decision has been taken after careful consideration and while we do still believe that the advertisement did not at any point specify that there would be any hardware included, we do appreciate that more could have been done to make this clear to you.
Therefore, as a gesture of goodwill on this occasion, we are honouring the implied description that was on the website at the time that you placed the order.
I will be back in touch with you again as soon as I have received details regarding the expected timescales of this delivery.
Thank you again for your patience.
Customer Service Executive
Whilst this is a good result for Midlandscomic it is also the right conclusion to something which Tesco could have avoided.
I cannot help but find their third paragraph quite amusing. They say that they will send the hardware “as a gesture of goodwill”. Are they therefore saying that they do not have to comply with any contracts that they enter and will only do so if they are feeling generous and the performance of their side of the contract is only “goodwill”?. I am pleased though that they acknowledge their “Legal and Commercial Teams” have advised them that they will need to send out the hardware.
Please contact us here at Bitterwallet if you were in the same situation as Midlandscomic and would like to use the letters that we sent as a template, or feel free to contact us for any other issues that you would like some assistance with.