Tesco punts Xbox 360 bundle for £33.24
Pseudopath
Bah! Check out their Ts&Cs #
Posted Thursday 8th November 2007 18:28 GMT

"The prices payable for the items that you order are clearly set out in the web site. 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 dispatch the item concerned."
You never know though...maybe Tesco are feeling generous!
Ben
Doh! #
Posted Thursday 8th November 2007 18:28 GMT

Damn, should have waited for a bit before buying the console
Martin Owens
Now it's #
Posted Thursday 8th November 2007 18:28 GMT

Cheaper to buy the console than it is to buy any of the games.
James
Obvious mis-price #
Posted Thursday 8th November 2007 18:50 GMT
The small chance of getting a retailer to honour a mis-price like this is if you can convince them that it was reasonable to interpret the price as a genuine offer and not a mistake. In this case the RRP is given as £34.99 which is obviously erroneous and makes a joke of the reasonable expectation. No chance of getting them to come good, I'm afraid.
Andre Lopes
Pseudopath... #
Posted Thursday 8th November 2007 18:50 GMT
They haven't underpriced any item, the item is the wireless entertainment bundle which is supposed to cost that price. The problem is that they've added an Xbox360 to the bundle contents, so unless their T&C's state so, we can surely demand it?
Ross Fleming
Servers rather busy #
Posted Thursday 8th November 2007 18:50 GMT
Tesco servers rather busy and unresponsive. Still trying my hand - you never know your luck...
MTT
how do you join? #
Posted Thursday 8th November 2007 18:50 GMT
how do ppl in the States sign up for the club?
npupp
hmmm.... #
Posted Thursday 8th November 2007 18:50 GMT

Just be wary of the product terms and conditions page, which states in section 1:
"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 dispatch the item concerned"
:(
Adam T
Re: Feeling Generous #
Posted Thursday 8th November 2007 18:50 GMT
While it's not uncommon for small orders to be honoured, this is still up after several hours - and given the number of people here mockingly ordering more than one, I doubt they'll go for it.
T&C .. my order (of course!) lists dispatch as 16th November. Not a chance methinks. Still, fun to try.
Anonymous Coward
Dont get it #
Posted Thursday 8th November 2007 18:50 GMT

I think they've copied and pasted the console part in accidentally? The same bundle is available elsewhere for the same price, but doesn't include the console... so don't waste your money getting this quickly thinking you're on a good one, cos I don't think it'll turn up, and even though it might be fale advertising or whatever i'm not sure how many of us would bother sending it back and Tesco will make a packet!
Rich Collins
Taking a long time??? #
Posted Thursday 8th November 2007 18:51 GMT
Is this taking a long time for anyone else?
It's still 'processing'
Maybe they caught on..?
Rich Collins
Could this be a phishing scam? #
Posted Thursday 8th November 2007 18:58 GMT
It's taking way too long to process, and I cannot find this deal on Tesco website, only through the link that The Reg provided...?
system
Bah #
Posted Thursday 8th November 2007 19:01 GMT
It would help if "verified by visa" for switch cards hadn't just collapsed.
No chance at all of getting one if you can't even pay the £35 :-(
Rich Collins
Title #
Posted Thursday 8th November 2007 19:07 GMT
They caught on. The store is closed for 'maintenance'
James Goddard
Doh #
Posted Thursday 8th November 2007 19:07 GMT

This Tesco.Com store is currently unavailable due to essential maintenance.
We hope to have the service back to normal as soon as possible.
We apologise for any inconvenience caused and look forward to seeing you back here soon.
Thank you for shopping with Tesco.Com.
system
RE: Could this be a phishing scam? #
Posted Thursday 8th November 2007 19:07 GMT
Entertainment > games > xbox 360 hardware > 3rd page or so.
Looks like they've caught on:
This Tesco.Com store is currently unavailable due to essential maintenance.
We hope to have the service back to normal as soon as possible.
We apologise for any inconvenience caused and look forward to seeing you back here soon.
Thank you for shopping with Tesco.Com.
TLA
Busted! #
Posted Thursday 8th November 2007 19:12 GMT

Halfway through the order, they tore down the store!
http://www.tesco.com/entertainment/product.aspx?R=818488
"This Tesco.Com store is currently unavailable due to essential maintenance."
Worryingly there is a sneaky "<%@ Language=VBScript %>" tag at the top of the page. Oh well, I guess we can't all use real programming languages!
Anonymous Coward
crash boom bang #
Posted Thursday 8th November 2007 19:12 GMT

Great guys, you just ddossed them out or something.
We're sorry...
Tesco.com is currently unavailable due to essential maintenance.
We hope to have the service back to normal as soon as possible.
We apologise for any inconvenience caused and look forward to seeing you back here soon.
Thank you for shopping with Tesco.com.
Anonymous Coward
blown it #
Posted Thursday 8th November 2007 19:37 GMT
Anonymous Coward
Last Christmas, on the other hand... #
Posted Thursday 8th November 2007 19:37 GMT

I got an Xbox 360 bundle for free, in store.
Of course, this was when they still had their "If the price you pay at the till is more than the price displayed on the shelf, we'll refund your money and you can keep the item" policy. Or R&R as it was known to the cognoscenti, who didn't share intelligence about misprices with each other, dear me no, not ever...
Anonymous Coward
Another Marketing Success #
Posted Thursday 8th November 2007 19:43 GMT
yet again Tesco's just got loads of marketing for an obvious mistake. thats what they do...set the prices low, people pick it up and do a write up about it and then hey presto...Tesco's get their name seen
Paul
Now 404 #
Posted Thursday 8th November 2007 19:43 GMT

They have removed it :-(
David Eddleman
Down for good. #
Posted Thursday 8th November 2007 19:43 GMT
Now it's reporting that the page isn't found. Bummer.
Frank Bellavance
Quebec consumer protection law #
Posted Thursday 8th November 2007 19:49 GMT

You need a law like was recently implemented in Quebec, Canada.
It states that if a product is advertised or labled at price X, but the retailer really ment price Y, if it scans at price Y they have to sale it to you at the lowest of the 2 prices - 10$. This also applies to web order in that they HAVE to honor the listed price at the time of purchase.
This was done to avoid supermarkets labeling things at, say, 9,90$, then charging you 9,95$ or 9.99$. Now, if they do that and you catch them, they are obliged by law to give you the article free. Cut down enormously on labeling fraud
Tim Lawton
try searching for Xbox... #
Posted Thursday 8th November 2007 19:51 GMT

It gives a link to the legal store!
http://www.tesco.com/extra/search.aspx?Ntt=xbox&VSI=0&Ntk=primary&Nty=1&Ntx=mode%2Bmatchall
Jonathan Fitt
I remember Tescos getting into trouble with this before #
Posted Thursday 8th November 2007 21:59 GMT
I seem to remember Tescos getting into trouble many years ago for a similar thing with TVs. It got on Watchdog who said that they are not obliged to sell at that price under UK law.
Chris Phillips
Pricing mistake? Seriously... who cares? #
Posted Thursday 8th November 2007 22:01 GMT

yet another tiring pricing mistake... hardly cutting edge IT journalism is it? el reg have been rolling out these dull tales for years...
Gareth Irwin
Ah well #
Posted Thursday 8th November 2007 22:01 GMT

Tesco only take £1 in every £8 circulating on groceries in the UK, presumably they cannot afford a bit of good will this time round.
Paul Wells
Given the current exchange rate... #
Posted Thursday 8th November 2007 22:01 GMT

that seems pretty much the price you'd pay in most American stores. Well, almost.
Drew Cullen
Re: Pricing mistake? Seriously... who cares? #
Posted Thursday 8th November 2007 22:12 GMT

Many of our readers disagree, Chris.
We are tipped off about web pricing errors maybe once a week. We rarely write about them - but some capture the imagination of the public. News of this one spread fast by email - we had ten people write in about this over a couple of hours. At time of publication, the "offer" was still live. And at time of writing this response, the story is the third most popular on our site.
Mike Richards
Contract law is with Tesco #
Posted Friday 9th November 2007 01:24 GMT

The Web page is nothing more than a legal 'invitation to treat' - that is an offer to enter negotiations which if completed will result in a legal contract. It has the same status as goods on a shelf, a shop window display or an advert.
Clicking on the button and going through the check-out constitutes the act of 'offering' a price for the goods. Tesco must then choose to accept or reject your offered price (£35) for an XBox 360 + goodies.
If they choose to accept and your card is debited (you are said to have provided 'consideration') then a contract is brought into being between you and the store. Tesco would be legally obliged to supply you with the XBox 360 for the minuscule sum being advertised.
HOWEVER - either party is able to walk away from the process right up until the acceptance of the offer provided they inform the other party they are doing so. This is what Tesco will do; they will say there was an error, you card was not debited and they're sorry for the inconvenience. They are not obliged to you in any way.
Correspondingly, if your offer of £35 was accepted by Tesco you would be obliged to pay it otherwise you would fall foul of the contract that would exist between you.
Obviously, contract law gets much more complex than this, mainly around what exactly constitutes a legal relationship, what consideration is and so on - all of which helps explain why contract lawyers are quite so rich.
Anonymous Coward
They have taken my money and not confirmed the order! #
Posted Friday 9th November 2007 01:26 GMT

I ordered this item earlier when the site was live and recieved a processing error, I thaught it may have been my new credit card at fault combined with the overlaod on the server with number of people also trying to order.
Tried it again but this time with my debit card and again a processing error so I left it thinking they have clocked on and are not allowing orders to be processed. However now I check my online credit card and bank accounts and both respectively show debits of the ammounts for the "unprocessed" orders from tesco.
Im quite worried as I have not recieved any sort of email confirmation of a successfull order from tesco at all.
Ryan
well, from what i remember #
Posted Friday 9th November 2007 05:26 GMT
from my days in retail, they either have to honour the price or take the product off sale for 28 days. either way, it was worth an shot... unfortunately as soon as something hits a site like el reg it's already to big to be honoured.
Youngdog
My recollection of events #
Posted Friday 9th November 2007 07:49 GMT

I am proud to state that me and my mates were on to this from the off. At about 11am our desk got a tip-off that the Virgin Megastore website was selling xbox bundles for £35. Considering Virgin are in the middle of being sold off at the moment this could have been a genuine mistake or a disgruntled employee - we will never know! We managed to get 2 before experiencing technical issues when one of my team (lets call him K) banged xbox into a couple of price comparison websites and bingo! Up popped tesco's - at the rather unusual price of £33.43. It took about a second for the penny to drop. It was obvious that Tesco were using an automatic price checker system to search the net for the cheapest price, take 1p+5% off and then repost the price as their own. Although Virgin were foolish to post their price they did pull it very quickly. Tesco, however, are very much the fool who followed and I'm sorry but they deserve to lose out on this one.
I work in the financial markets and although I cannot get specific there are routines in place inside trading software that are dedicated to pulling spurious prices for bonds and options out of the market if they get hit. After the first trade, bang, it's pulled. If not we could be taken by anyone and could face losing a fortune. It's a free market - why should Tesco be any different?
Their system was working perfectly and I'm pleased top say that me and my mates spent the rest of the day ringing everyone we knew and telling them all about it. It is not often that we the average joe get a chance to clean up and imagine little jonny's face when he gets an xbox instead of a bike for christmas. It's tescos obsession with undercutting competition that got them into the situation. Stuff'em
Nick Stallman
I love living in Australia #
Posted Friday 9th November 2007 07:49 GMT

Where the customer always wins.
If they screw up the pricing then you are always entitled to the lowest price.
Our consumer protection laws are rather strong.
I've used them a number of times. :)
Konstantinos
i got another catch >:) #
Posted Friday 9th November 2007 10:10 GMT
its been like a few months from then but i have it on my cousin's blog :D
http://blackstar74.blogspot.com/2007/09/dear-playcom.html
ofc this wasnt from santa.. but more like the black market :D
Adam Harris
Bundle Only #
Posted Friday 9th November 2007 10:10 GMT
I guess there was some confusion with the person adding the product to their site.
The wireless entertainment pack can only be sold TOGETHER with a console. They cannot be sold seperately nor the items split for resale.
eBuyer put a phoney price on it to warn people off:
http://www.ebuyer.com/product/132287
Youngdog
Thanks Mike Richards! #
Posted Friday 9th November 2007 10:10 GMT

Just been informed by one of my crew that (according to their credit card company anyway) their payment has been accepted by Tesco's - this is going to be interesting......
Anonymous Coward
Worth a shot.. #
Posted Friday 9th November 2007 10:10 GMT
I managed to get one ordered and received order confirmation. Order is showing as "Awaiting stock, expected on Friday 09 November 2007". Will be interesting to see what (if anything) turns up on my doorstep.
Lloyd
To be fair #
Posted Friday 9th November 2007 10:10 GMT

This doesn't look to be Tesco's fault, the same item was being touted on Virgin Megastore and Woolworths at the same price, it looks like whoever provided them the bundle info is at fault (at least the other 2 pulled it off within a couple of hours, Tesco kept it on for ages).
Anonymous Coward
UK contract law ... #
Posted Friday 9th November 2007 10:26 GMT
IIRC when the Koday camera fiasco happened (which never made it to court IIARC) various lawyers pointed out that a "contract" to between two parties can be voided in the case of error or omission when the error or omission would have been obvious to either party.
Put simply, just because retailer X offers a 42" HDTV for 1p on their website, and take an order and confirm it, doesn't *automatically* mean the purchaser would win a contract dispute in a court of law. If the judge finds that the mistake was so obvious as to be apparent to the purchaser, then he can declare the contract void, and retailer X does not have to supply the goods.
In an item worth 600 GBP was accidentally priced at 450 GBP, then the retailer would be on shakier ground, as it's less obviously a mistake.
Unfortunately for the (UK) something-for-nothing brigade, them more stories like this are reported, the less likely it is a judge would accept that a purchaser had a genuine belief that a ridiculous price was not a mistake. In fact, (memory vague here) I believe that was one of the factors which led Kodak to eventually honour the camera orders, as it was pointed out that online shopping was a relatively new experience, and a lot of punters could have genuinely believed the offer was a promotional deal.
Incidentally, this tweak of UK law also puts the kybosh on those people who use such mistakes to order 100 high-value items at 1p ... I can't see any judge in the land accepting that you believed the mistake was a genuine price if you then order 100 !
You can tell it's Friday, and that damn report is *still* running !
Youngdog
RE: UK contract law ... by AC 10:11GMT #
Posted Friday 9th November 2007 12:09 GMT

Good point but if the low low price was a result of Tesco automatically undercutting the competition then I cannot see how it can be called a mistake. The price they posted was a genuine response - if Virgin stood by their price of £35 you can bet Tesco would have entered a lower bid as they seem to be obsessed with undercutting rivals - that IS a reasonable expectation for consumers familiar with Tescos to have! Also it was possible to buy the new H.P. book from Tesco's when it was first released for a FIVER. Almost a 75% saving on the RRP! You could say they aleady have form....
Kerr
Interestingly ... #
Posted Friday 9th November 2007 12:09 GMT

Tesco's have actually taken the money out of my bank account from me buying this last night, where does that leave us then?
James Prior
This is normally an Argos thing .. #
Posted Friday 9th November 2007 12:09 GMT

Argos make this mistake all the time and generally the news is full of people complaining that they didn't honour the price.
When the retailer I was working for made the same mistake on a TV and listed it at .99p we decided to honour it - well why not, Argos had only the week before had a lot of negative press and we decided it'd show us in a good light :)
Lickass McClippers
I've taken... #
Posted Friday 9th November 2007 12:09 GMT

...advantage of this type of thing on several occasions. Most recently with my car, £1.5k* under-priced on their website, I'd laid a deposit down before they could take it down and re-list it. They realised their mistake eventually.
* - £1.5k might not seem much, however, I got £5.5k worth of car for £4k, so enough to make it worthwhile...
George McIntosh
Wouldn't work anyway #
Posted Friday 9th November 2007 12:58 GMT
Mis-pricing goods doesn't oblige the retailer to sell the goods at that price. You offer to buy goods at a certain price, and the retailer is free to accept that offer or not
Simon Westerby
Re:Wouldn't work anyway #
Posted Friday 9th November 2007 14:46 GMT
But shirley if they charge your card, the have accepted your offer?
Really its Tesco's fault for using S/W to undecut their competition, without having a safeguard in place to make sure that the price they list is valid..
Ho-hum ..
Anthony
anyone ? #
Posted Friday 9th November 2007 15:22 GMT
did anyone manage to order this? I did. Am just wondering if they will dispatch the wireless pack without the xbox ........
Anonymous Coward
@Youngblood #
Posted Friday 9th November 2007 15:22 GMT
hmmmm leads to an even more interesting legalese point ....
Is a price generated by faulty software a "mistake" ? Especially if the suppliers of that software have a sign-off from the user ?
Youngdog
K's revenge - consumer power! #
Posted Friday 9th November 2007 15:22 GMT

It seems that Tesco are now resorting to mis-using existing contract law relating to postal contracts to squirm out of this one;
http://www.e-consultancy.com/news-blog/364560/major-retailers-in-xbox-price-mishap.html
In response to Tesco's furious back pedalling 'K' has formed a forum to try and get Tesco to face up to their responsibilities!
Facebook users can find it here;
http://www.facebook.com/group.php?gid=7202406620