Result! Consumer heavyweight Len Dastard takes Tesco down

14 December 2010

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:

Bitterwallet - Tesco - djhero2screen

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.

Kind Regards

Kirsten Callan
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.

8 comments

  • james d.
    Companies always say "gesture of goodwill" this allows them to give in but not sacrifice their legal position.
  • Alexis
    It says Double Deck and there's a bloody picture. Patronising dunderheads. I think Tesco have just increased their chances of being voted Bitterwallet's Worst Company of 2010!
  • Pedant
    Yeah, buffoons. What else could "Double deck" mean in this context?
  • Marky M.
    More power to your taut, powerful and perfectly round cojones, Len!
  • oliverreed
    The way those wankers make it sound as if they are doing you a favour. Well done in getting anything out of them though, normally they wouldn't send a thing and just cancel.
  • oliverreed
    Make your fucking minds.... http://www.hotukdeals.com/deals/dj-hero-2-inc-turntable-ps3-39-70-i/827711#comments
  • Dex
    I have an ingenious idea, use the picture of the twin decks from the tesco site, go on another site and find the solo deck + game, use Firebug to switch out the image and change the description, screenshot it for proof then order it (the single deck) then file a complaint saying the double deck was advertised and that damn it, you want it as advertised! WIN! :)
  • Asombro! B.
    [...] Additions Direct didn’t cancel the orders they received, but went ahead and contracted with the customer by dispatching the item – except it was a different item and not the one bought by the likes of HUKD member birdyoyuk. This was a similar issue to the one we recently experienced with Tesco Entertainment. [...]

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