Paid the price but the price changed!

[noah472]

Hi there everyone, i'm sorry if this is in the wrong bit!!

 

I bought a ring on Saturday for my fiance, it was quite expensive but i paid it in full. They didn't have it in stock and it has to be made as a special order. I got a call from them today saying that when they phoned to order the ring from the manufacturer the price has gone up by £300 but as a good will gesture they are only charging me £140. My question is are they allowed to change the price after it has been accepted by me and paid for?

 

Any suggestions would be great thanks!!

[noah472]

Hi there everyone, i'm sorry if this is in the wrong bit!!

 

I bought a ring on Saturday for my fiance, it was quite expensive but i paid it in full. They didn't have it in stock and it has to be made as a special order. I got a call from them today saying that when they phoned to order the ring from the manufacturer the price has gone up by £300 but as a good will gesture they are only charging me £140. My question is are they allowed to change the price after it has been accepted by me and paid for?

 

Any suggestions would be great thanks!!

[andie_303]

I think it depends if their literature says something like 'price subject to change at anytime without prior notice' then yes - no such clause? then no

 

Someone will correct me if i'm wrong though

[godpikachu]

no, once you have paid the price that was advertised, and they have accepted said payment and issued a reciept, then they are NOT entitled to ask for a penny more, and all you have to pay is what you have already paid.

 

It doesnt matter if their suppliers have put the price up by £3 or £3000000000000, that isnt your problem, they will have to accept the loss this time round and adjust their instore prices accordingly to accomodate future customer purchases.

 

Ho wmuch have you paid them already, and is this £140 more or less than what you have paid?.

 

If its more, then you are not obliged to part with anything else, if its less, then as a "goodwill gesture", you wont ask for a refund of the differencr, if they refuse to give you the ring, then write to them and state that unless oyu recieve either the goods or a full refund within 7 days you will issue a claim for the refund of your monies plus costs.

[Lady Python]

Agree with GodPikachu. When I got married we chose our rings. I have unusually small hands and mine had to be specially made for me (my fingers are a child's fitting)

 

The jeweller concerned did not charge us one extra penny and we received excellent service.

 

I would ask for a full refund and go elsewhere. As GodPikachu says, if they don't agree then take them to the Small Claims Court and make sure you get your expenses too.

[MARTIN3030]

Welcome to the site.

Will move your thread.

[flyingdoc]

I would say no.

 

Did you get a receipt?

 

Are there any T&C's that allow for changes in the price.

 

If not I would say you had a contract for them to supply the ring, at the price paid, and that should they breach that contract you would have an action against them

[gyzmo]

Ooph! Have you got a contract in writing (which includes any terms and conditions of the company that they probably neglected to draw your attention to)? If so, is there anything in it about price fluctuations? And has the work started on the ring?

 

I think they are on shaky ground, but it is possible that they can change the price in limited circumstances. If those circumstances do not apply, then they are in breach of contract.

[gyzmo]

Err - is this on another thread? Have just posted something. Its possible for them to increase price depending on circs. see other thread.

[saintly_1]

2 threads merged

[gyzmo]

Now that is confusing - I thought I acidentally posted two different things on the same thread!

[funkyparott]

I thought 'consideration' (payment) was the final ingredient to a contract between two parties.

 

I imagine as you have paid (and they have accepted payment) a contract has been formed.

 

If they say after the contract the price has gone up - why don't you say the price has gone down!

:o)

[noah472]

Wow! Thanks a lot for all your help, i rang the OFT helpline today as well and they confirmed that because we have both entered into a contract (me by paying and them by accepting the money) then it is covered by the sale of good acts which prevents the jewelers from raising the price.

 

I went in to see them and they were very quick to say that they would honor the original agreement, they are also going to write me the insurance valuation that the ring comes with at the full price that it should be costing! A good result all round really.

 

Thanks everyone for your reply's and sorry about posting twice (i couldnt find how to delete the other listing after i realised it was in the wrong place!)

 

As the ring is being specially made we are both excited about it arriving in a few weeks!

 

Thanks again!

[MARTIN3030]

Good to hear all was sorted.

And wishing you both lots of happiness together.

[gyzmo]

That is good news. Just to confirm though on the point about the OFT statement and the bit on consideration.

 

Contract law is notorious for anomolies. Consideration has even been contemplated as being unecessary to a contract (a lot if not most cases on contract are on the issue of consideration). In simple terms, then once a price is agreed, yes a contract is formed. But if there is a terms in the contract that allows for change, then that is also agreed to as well. Further, some contracts cannot specifiy a price, or may naturally have price changes (precious metals for example, or stocks). In short, it is difficult to make hard and fast rules about contracts. We have a general framework, but individual circumstances mean that a general framework is the closest we can get to "manual".

 

But well done anyway.