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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Two weeks ago I purchased a high-end Hotpoint dishwasher from

Resolved Question:

Two weeks ago I purchased a high-end Hotpoint dishwasher from Tesco online. At the time of purchase the website carried an offer of a free Hotpoint kitchen appliance -value £150- applicable to the dishwasher I purchased. I tried to claim this but found out that the Hotpoint offer finished the day before my purchase. There was no indication on the website of any expiry date.
I have had numerous phone calls and emails with Tesco Consumer Affairs and they are refusing to do anything, even though they admit that, at the time of purchase, the website through which we purchased the dishwasher still carried the offer. Whilst checking at the time it transpires that it took them up to 2 days to remove the offer from some of the appliances after the offer had expired.
Tesco are saying this is a Hotpoint issue and not theirs, even though we clearly purchased the dishwasher + offer from them.
I feel I have been tricked into a deal that did not actually exist. Had it not have been for the offer I could have purchased the dishwasher elsewhere at a better price.
Please advise what recourse I can take
Thank You
Colin Fitrt
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi,

Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

The problem you have is the retailer will argue that the advert is what is known as "an invitation to treat" - this means it does not create a binding contractual obligation

Alex J. :

That said retailers have an obligation not abuse their bargaining position and mislead customers.

Alex J. :

Potentially you would have a contractual claim for misrepresentation and you could consider suing them in the County Court.

Alex J. :
https://www.moneyclaim.gov.uk/

Alex J. :

I would not however recommend doing this - for the sake of £150 it wont be worth the time and stress.

Alex J. :

A slower and more risk free approach would be to make a complaint to Trading Standards -

Alex J. :
www.tradingstandards.gov.uk/

Alex J. :

They will have the power to sanction the retailer and award compensation.

Alex J. :

The process however will be slow.

Alex J. :

Tescos are wrong, your claim is against them as the retailer - they chose to advertise the manufacturers offer and therefore must take responsibility for it.

Customer:

Alex thanks for your response. I had considered the Trading Standards route, would you recommend a national route rather than local Trading Standards as this was a website purchase?

Alex J. :

Hi, Thank you. As it is Tesco I would recommend the national one. It is more likely that they may have already received similar complaints.

Customer:

Alex, thanks I will pursue this route.

Customer:

Regards

Customer:

Alex, thanks. I will pursue this route.

Customer:

Alex thanks I will pursue this route. Regards Colin

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