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Tesco issue

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  • Closed Accounts Posts: 2,227 ✭✭✭Sam Mac


    Sadderday wrote: »
    what about the staff member refusing to give her name and taking her badge off... that sounds like its worth an apology on its own

    Agreed. Wasn't she the assistant manager too? .. very unprofessional.


  • Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    It appears the issue hinges around whether the 1c price is legitimate. I haven't seen this email or the bargain alert thread but it appears Tesco HQ have confirmed that 1c was a legitimate price for a number of items. Whether this is the case for this item now also seems to be an issue.

    The OP should contact Tesco to get the official line from them. IANAL but it appears as if the staff member, by confirming a need to check with their supervisor, had temporarily declined the contract pending further guidance. Should Tesco agree with their own staff on this matter, I would expect they would also claim this. But this is pure speculation and we would have to wait for the official response.


  • Registered Users Posts: 6,440 ✭✭✭jhegarty


    pajopearl wrote: »
    Too many pages to go reading the whole lot but my 2 cents, for what it's worth...


    It's worth about two scouters I believe.


  • Registered Users Posts: 1,801 ✭✭✭Dubl07


    Bepolite wrote: »
    So let us stick to the facts. Under Irish law (because the OP might have been in Tesco in Poland and it wouldn't be the first time their pesky civil law system has caused us trouble) an agent of the store has told the that there may be an issue in relation to the products. This is a fact correct?

    The OP has prior knowledge that this is going on as they are referring to e-mails? Again have I got this correct?

    The 'reasonable-man' would not assume scooters are 1c - again this is a fact, open to interpretation but you'll have to put yourself on the Clapam omnibus for me here.

    The above are ingredients to a unilateral mistake, taken advantage of by the OP. Case law is clear such sharp practice will not be looked up favourably - paraphrasing from McDermott.

    Scooters are bulky, awkward to handle and a seasonal Christmas/summer item. During horrible weather after a dreadful winter with no real sign of spring is it unreasonable to consider that a cost-benefit analysis would favour freeing store space by getting someone to pay something/anything for the goods rather than spend money and time returning said goods or money and time disposing of said goods?

    It would actually reflect well on Tesco if that were to be the case; that they were trading in the real world rather than an archaic 'Clapham omnibus' scenario which doesn't take into account modern retail technology, communications, fmcg management including JIT and stock level demons.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    It appears the issue hinges around whether the 1c price is legitimate. I haven't seen this email or the bargain alert thread but it appears Tesco HQ have confirmed that 1c was a legitimate price for a number of items. Whether this is the case for this item now also seems to be an issue.

    The OP should contact Tesco to get the official line from them. IANAL but it appears as if the staff member, by confirming a need to check with their supervisor, had temporarily declined the contract pending further guidance. Should Tesco agree with their own staff on this matter, I would expect they would also claim this. But this is pure speculation and we would have to wait for the official response.

    My understanding is it's this thread, perhaps the OP would confirm that. It doesn't seem as clear cut as many make out but then I will admit to not having reviewed all 6000+ posts in great detail.

    My reading is that they ultimately said it was down to the manager's discretion.


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  • Registered Users Posts: 8,038 ✭✭✭Hitchens


    at least the self service checkout will talk to you.........unlike the staffed ones!


  • Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Bepolite wrote: »
    My reading is that they ultimately said it was down to the manager's discretion.

    In that case I'd side with Tesco despite the poor way they went about it.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Dubl07 wrote: »
    Scooters are bulky, awkward to handle and a seasonal Christmas/summer item. During horrible weather after a dreadful winter with no real sign of spring is it unreasonable to consider that a cost-benefit analysis would favour freeing store space by getting someone to pay something/anything for the goods rather than spend money and time returning said goods or money and time disposing of said goods?

    They would sell equally as well at €1 or €3. 1c gives pause for thought.
    Dubl07 wrote: »
    It would actually reflect well on Tesco if that were to be the case; that they were trading in the real world rather than an archaic 'Clapham omnibus' scenario which doesn't take into account modern retail technology, communications, fmcg management including JIT and stock level demons.

    None of that matters, that's the entire point of the man on the Clapham Omnibus, what does Joe Soap think is reasonable? I think most people, hand on heart, think that 1c is probably a bit fishy. One may try and wriggle into a justification for taking advantage, but I think the vast majority would question it as a price.


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    Bepolite wrote: »
    So let us stick to the facts. ... an agent of the store has told the that there may be an issue in relation to the products. This is a fact correct? ...
    Partially. The agent did not stop the OP checking items through or completing her purchases. The agent left the OP to her own devices, did not tell her to stop the check-out process and went away to consult with higher authority
    Bepolite wrote: »
    The OP has prior knowledge that this is going on as they are referring to e-mails? Again have I got this correct? ...
    The OP seemed to have a reasonable expectation due to the emails / posts she'd read that the sales would go through at the marked price of 1c without causing her or Tescos any problems.

    Facts wise that's it amigo.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    OP should have never been allowed to pay for them in the first place, but the shop assistant literally had no choice but to leave and get the supervisor, what else could she do?
    She could have closed the till or prevented any transaction being completed on it at the touch of a button!
    sandin wrote: »
    Fact is the OP could easily have been arrested and charged with "theft by deception".
    Theft by deception occurs in following ways.
    1. You change the price label on the product and pay the price you put on the goods rather than the price the store normally charges. (this doesn't apply here.

    2. You see a product that you know is mis priced and is obviously mis-priced and you take advantage of the store's error for your own gain.


    Scenario 2 definitely applies here as the OP KNEW they were mis-priced and PURPOSELY took several of the items hoping to walk out of the store after paying just 1c for each item.

    So, for the OP and anyone else who thinks they are "entitled" to the goods - Tesco are in fact entitled to have you charged with theft by deception - even if you have taken the goods out of the store and gone home and used the goods. In fact, they have 6 years to bring a charge.
    How were the items "mis-priced"? tesco priced the items at 1cent quite deliberately and then placed the items on the shelves in the store. when tesco sell carrots weighing 500grams and describe them as weighing 600grams is that not theft by deception?
    ash23 wrote: »
    The items aren't marked at 1c, they scan at 1c. That is the difference.
    The items are priced - quite deliberately priced at 1 cent by tesco.


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  • Closed Accounts Posts: 9,330 ✭✭✭Gran Hermano


    Do we have confirmation that the items had a price tag of 1c or that the price sticker on the shelf indicated it cost 1c?

    My understanding is that the price on the item/shelf was not shown as 1c and the OP checked the price using the price scanner to confirm it was reduced to 1c.


  • Registered Users Posts: 189 ✭✭FreshCoffee


    The OP says they read Tesco emails re their 1c pricing policy.
    They are in this post: www.boards.ie/vbulletin/showpost.php?p=88946723&postcount=6734

    Poster 'Soarer' apparently emailed Tesco twice on this matter:

    1)
    I emailed Tesco Ireland customer services while ago and received the following reply.
    "With regards to the 1c items these items are being discontinued. A customer can purchase these as it would be better to sell them at 1c then have to throw them away.
    Thank you for taking the time to contact us and if I can be of any further help please let me know.
    Kind regards
    Henry Dawson
    Tesco Ireland Customer Service"

    2)
    Following on from the above, I emailed Henry asking the following....
    "So is it Tesco Ireland’s policy that these 1c items are to be sold, and it’s not at the discretion of the individual store managers? "
    To which he replied....
    "When an item is reduced to 1c we do advise the store to remove them. If they do not remove them and a customer attempts to purchase them, the store must sell the item to the customer for 1c.
    Thank you for taking the time to contact us and if I can be of any further help please let me know."


    The OP read these statements from Tesco and subsequently went shopping in Tesco and was lucky enough to find 1c bargains. To say this meant the OP attempted 'Theft by Deception' is clearly incorrect. In fact, Henry Dawson, Tesco Ireland Customer Service clearly says above that if "a customer attempts to purchase them, the store MUST sell the item to the customer for 1c".
    Nothing could be clearer.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    The OP says they read Tesco emails re their 1c pricing policy.
    They are in this post: www.boards.ie/vbulletin/showpost.php?p=88946723&postcount=6734

    Poster 'Soarer' apparently emailed Tesco twice on this matter:

    1)
    I emailed Tesco Ireland customer services while ago and received the following reply.
    "With regards to the 1c items these items are being discontinued. A customer can purchase these as it would be better to sell them at 1c then have to throw them away.
    Thank you for taking the time to contact us and if I can be of any further help please let me know.
    Kind regards
    Henry Dawson
    Tesco Ireland Customer Service"

    2)
    Following on from the above, I emailed Henry asking the following....
    "So is it Tesco Ireland’s policy that these 1c items are to be sold, and it’s not at the discretion of the individual store managers? "
    To which he replied....
    "When an item is reduced to 1c we do advise the store to remove them. If they do not remove them and a customer attempts to purchase them, the store must sell the item to the customer for 1c.
    Thank you for taking the time to contact us and if I can be of any further help please let me know."


    The OP read these statements from Tesco and subsequently went shopping in Tesco and was lucky enough to find 1c bargains. To say this meant the OP attempted 'Theft by Deception' is clearly incorrect. In fact, Henry Dawson, Tesco Ireland Customer Service clearly says above that if "a customer attempts to purchase them, the store MUST sell the item to the customer for 1c".
    Nothing could be clearer.

    The problem with this, despite relying on correspondence not addressed to the general public is that the OP went shopping on the 22nd as far as I can see. The situation had moved on from there by that time.
    The Store Manager rang and told me he couldn't sell the item but could only offer it to me at half price because it was a high end electrical good. I told him any correspondence I or others received made no distinction between items marked 1 cent but he remained firm on that. I told him I'd check with customer service and I've emailed them to confirm their position so I'll let you know the story.
    In terms of emailing Tesco about 1cent items, it seems to be hit and miss. I got a reply saying:
    This is the reply I got back in relation to the conversation with the store manager:



    Happy enough to leave it there. I got clarification on it. Probably won't be going near my local Tesco for a while… :o

    Sorry the nested quotes didn't come through but I think you can click the arrows.


  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    foggy_lad wrote: »
    She could have closed the till or prevented any transaction being completed on it at the touch of a button!

    How were the items "mis-priced"? tesco priced the items at 1cent quite deliberately and then placed the items on the shelves in the store. when tesco sell carrots weighing 500grams and describe them as weighing 600grams is that not theft by deception?

    The items are priced - quite deliberately priced at 1 cent by tesco.

    It's my understanding from the other thread that these items are priced higher than 1c but scan at 1c. That seemed to be the case with the 1c items on the other thread. Perhaps the OP should clarify? The fact that OP refers to the items as "scanning at 1c" as opposed to being advertised on the shelf at 1c seems to indicate that the advertised price was not 1c.


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    The OP says they read Tesco emails re their 1c pricing policy.
    They are in this post: www.boards.ie/vbulletin/showpost.php?p=88946723&postcount=6734 ...
    Thanks for that @FreshCoffee. I hadn't read that thread before posting but that's a slam-dunk for the OP's position. Dee-fin-it-ive as they say in Ballydehob.

    I expect that all the posters who wrongly accused her of thievery, deception, wrong-doing and made other abusive and accusatory posts will now be suitably contrite and post grovelling apologies.

    Oh wait boards.ie, it'll never happen.


  • Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    mathepac wrote: »
    Thanks for that @FreshCoffee. I hadn't read that thread before posting but that's a slam-dunk for the OP's position. Dee-fin-it-ive as they say in Ballydehob.

    I expect that all the posters who wrongly accused her of thievery, deception, wrong-doing and made other abusive and accusatory posts will now be suitably contrite and post grovelling apologies.

    Oh wait boards.ie, it'll never happen.

    Yet other people got different responses from Tesco? I wouldn't say it's definitive one way or t'other


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    mathepac wrote: »
    Thanks for that @FreshCoffee. I hadn't read that thread before posting but that's a slam-dunk for the OP's position. Dee-fin-it-ive as they say in Ballydehob.

    I expect that all the posters who wrongly accused her of thievery, deception, wrong-doing and made other abusive and accusatory posts will now be suitably contrite and post grovelling apologies.

    Oh wait boards.ie, it'll never happen.

    What makes you think that? Why do you assume that agent of the company is is correct and the others are not?


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ash23 wrote: »
    It's my understanding from the other thread that these items are priced higher than 1c but scan at 1c. That seemed to be the case with the 1c items on the other thread. Perhaps the OP should clarify? The fact that OP refers to the items as "scanning at 1c" as opposed to being advertised on the shelf at 1c seems to indicate that the advertised price was not 1c.
    Basically the price has been changed down to 1cent and the shelf edge labels/price stickers have not been updated, this is because the intention is to remove them from the store but the failure of tesco to efficiently operate their business has resulted in the problems now being experienced by customers.

    tesco are fully aware that there are numerous of these 1 cent items out on the shop floors but can't be arsed spending time and money on removing the stock, they prefer to wait till the items turn up at the tills which is disappointing and embarrassing for customers and makes them feel like mugs being used by tesco, they also alienate customers further by making them feel like they have done something wrong or illegal.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    please post on topic. Final warnings being issued here posters

    EDIT: I have gone through the thread and removed some off-topic posts and accusations.

    dudara


    FYI for posters: Click on the following link if you want to read about the Man on the Clapham Ombibus legal device.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Any sign of the OP? Surely there would have been contact with the store/head office today?


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  • Registered Users Posts: 8 paulineo1


    Hi, so I rang customer service this morning and explained what happened in store. They agreed 100 % that the items I purchased were in fact mine and that the manager in question acted unprofessionally in every way. I received a call from the store to apologise for her behaviour and to come and collect my scooters. They gave me wine and chocolates as an apology. They also clarified that items that scan at 1c shouldn't be on the shop floor but if they make it to the checkout they infact can be sold, but a staff member cannot under any circumstances purchase them and said this is where the confusion was. Thanks to everyone for their advice, it was much appreciated.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    paulineo1 wrote: »
    Hi, so I rang customer service this morning and explained what happened in store. They agreed 100 % that the items I purchased were in fact mine and that the manager in question acted unprofessionally in every way. I received a call from the store to apologise for her behaviour and to come and collect my scooters. They gave me wine and chocolates as an apology. They also clarified that items that scan at 1c shouldn't be on the shop floor but if they make it to the checkout they infact can be sold, but a staff member cannot under any circumstances purchase them and said this is where the confusion was. Thanks to everyone for their advice, it was much appreciated.

    Absolutely disgraceful i takes an add is already up on eBay


  • Closed Accounts Posts: 5,377 ✭✭✭zenno


    Just boycott Tesco, many have. Who the hell would shop in that kip.


  • Registered Users Posts: 1,359 ✭✭✭leck


    Gatling wrote: »
    Absolutely disgraceful i takes an add is already up on eBay
    What does that even mean?

    Are you saying the OP is disgraceful or are you saying Tesco's behaviour earlier, or later, was disgraceful.

    i takes an add? is this supposed to be "I take it that an ad..."


  • Registered Users Posts: 189 ✭✭FreshCoffee


    Excellent result OP. You were 100% in the right.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    OP - thanks for taking the time to come back here and update us.

    @Gatling - can you explain your comment?
    @zenno - please post on topic


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    Excellent result OP. You were 100% in the right.
    +1 I love it when a plan comes together and the good guy gal wins. Thanks OP. :D Well done.


  • Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Well done OP. This is a serious own goal by Tesco. Can't get their stories straight from staff on the floor to the customer service office all giving different answers depending on who you ask.


  • Registered Users Posts: 23,544 ✭✭✭✭ted1


    paulineo1 wrote: »
    Hi, so I rang customer service this morning and explained what happened in store. They agreed 100 % that the items I purchased were in fact mine and that the manager in question acted unprofessionally in every way. I received a call from the store to apologise for her behaviour and to come and collect my scooters. They gave me wine and chocolates as an apology. They also clarified that items that scan at 1c shouldn't be on the shop floor but if they make it to the checkout they infact can be sold, but a staff member cannot under any circumstances purchase them and said this is where the confusion was. Thanks to everyone for their advice, it was much appreciated.

    Well done, but I would have insisted on a courier deliver the goods


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  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    mathepac wrote: »
    A customer uses a Tesco (or manufacturer[s) bar-code affixed to an item in Tescos at a Tesco-supplied check-out and pays the bill the till totals up and gets a till receipt. Where is the deception?

    The deception is KNOWING that the product is mis-priced and taking advantage of the error for your own gain.

    The OP purchased 6 of the same item and has stated that they knew it was mis priced - therefore the OP has admitted to the offence.

    Where a single item is in a basket and scans at 1c without the shopper knowing or willingly taking advantage of an error, no offence would have taken place.

    As with any situation, it is the intention of the perpetrator that is the important aspect and in this case, the OP intentionally tried to take advantage of an error. There was no 1c marked on the shelf label nor on the product. - In those scenarios it is totally different.


This discussion has been closed.
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