Hi guys,
I've had the same problem with this order. I've been in touch with trading standards and it looks like we have a good case for honouring the deal.
At the moment Tesco have been fobbing us off by telling us the Sony VAIO VPCF23Z1E laptop that we brought for £749 is a different laptop to the Sony Vaio F23Z1E/BI which they are selling on there website for the higher price of £1799.
This is not true at all the full model for this laptop is:
VPCF23Z1E/BI.CEK
EAN: 4905524811940
If you do a product search on the official sony website for both VPCF23Z1E or F23Z1E/BI you'll see both searches bring back the SAME LAPTOP with model no VPCF23Z1E/BI.
Support for Sony product | Technical Support : Sony, Technical support
Furthermore if you compare the product specification for the vaio laptop on the Official website and compare it to the product specification they provided us on the original Tesco listing for the vaio priced at £749 which they later removed they are IDENTICAL down to the physical dimensions of the laptop.
VPCF23Z1E (VPCF23Z1E, VPCF23Z1E/BI.CEK) : Technical Specifications : VAIO & computing : Sony
There are 2 clauses in Tesco terms and conditions which support are case
Tesco Direct Product Terms & Conditions - Tesco.Direct
1. Descriptions, prices and product information section it says
"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 despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 7 below
4. Payment and Acceptance states:
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch an item to you, at [/SIZE][/FONT]
which point a contract will be made between us."
Therefore in simple terms we made an offer to Tesco to buy the Sony Vaio VPCF23Z1E as described on there website for £749.
Tesco ACCEPTED our offer to buy the laptop for £749 when they dispatched the laptops to us and this point a contract was made between us.
Had there packing team sent out the correct laptop in the first place this transaction would be complete but unfortunatly for us they have sent us the wrong laptop and therefore they now need to send us the correct item as per our contract.
Finally had Tesco made any error with the price or description they had the opportunity to inform us PRIOR TO DISPATCHING the laptop to us. Obviously this has not happened.
Tesco are aware that they have breached the Sales of goods act and distance selling regulations thats why they are trying there luck at telling us the laptops discontinued hoping we request a refund which would terminate the contract and let the off scott free.
So my advice is don't accept the refund, tell them you know that its the same laptop and its not been discontinued at all. It's available for sale on the Sony website so if they are out of stock order my stock in because I expect you to honour the deal as expected.
At the end of the day if we brought the laptop and realised it was cheaper else where after the 28 days return policy they'd just tell us sorry tough luck you had 28 days to return your laptop now we can't do anything.
With that same token Tesco had the opportunity to cancel the order or inform us about any errors with the price prior to dispatch, that didn't happen so tough luck now they need to honour the deal.
Paul Henry is the head of customer services who is personally dealing with this issue you can reach him by calling 08000 720 297 then ask for Supervisor Paul Henry regarding this order.
If anyone calls you telling you sorry we've had to cancel your order because its discontinued don't accept the refund, tell them you want to speak to Paul Henry then stick to your guns and use the information provided above to fight your corner.
Also fire a quick email to your local Trading Standards to explain whats gone for support.
Don't forget the Sales of good act and distance selling regulations are there to protect us consumers as well as the retailers.
Good luck guys!
WOW what a team talk haha!