Bike frame price increase after order placed and paid for legal?

General cycling advice ( NOT technical ! )
Trikeyohreilly
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Bike frame price increase after order placed and paid for legal?

Postby Trikeyohreilly » 4 Oct 2019, 1:03pm

Hi I recently (yesterday) ordered a frameset from a fairly large company here in the UK. It was showing as in stock along with the other two items I ordered.

Got an email late yesterday saying the two smaller items were out of stock and the frame would take up to 4 weeks to get from the States. Did I want to continue? They had already taken the money and I was prepared to wait so I said yes. Today the price has gone up from £799 to £999. Though they are offering a 5% discount to make it £949.

Do I have any leg to stand on legally to expect my original order and price to be respected?

philvantwo
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Re: Bike frame price increase after order placed and paid for legal?

Postby philvantwo » 4 Oct 2019, 1:09pm

If you've paid for it then you've entered into a contract with them so no, they can't legally ask you for more money. Did you pay with a credit card?
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Trikeyohreilly
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Re: Bike frame price increase after order placed and paid for legal?

Postby Trikeyohreilly » 4 Oct 2019, 1:26pm

Thanks. No not a credit card unfortunately, just a Visa debit card.

fastpedaller
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Re: Bike frame price increase after order placed and paid for legal?

Postby fastpedaller » 4 Oct 2019, 1:33pm

I suspect they are in breach of trading laws on the basis they've offered it (invitation to treat) at a price which you've accepted and subsequently raised the price. Unless there's something in law regarding online sale, or a special condition regarding a "special order item" - which I suspect this isn't. They may not be in breach if they immediately stated 'sorry that price is a mistake, we can't offer it at that price', but it would appear they simply raise the price without notifying you? Have you spoken to them about it?
p.s. I am not a lawyer, so the above is just my interpretation.

mrtrip
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Re: Bike frame price increase after order placed and paid for legal?

Postby mrtrip » 4 Oct 2019, 1:41pm

You say they took your money, did they take the £799 or the £949? If they changed the higher amount surely that’s not legal?
Also as your debit card is Visa, doesn’t that entitle you to the same level of support as a visa credit card?


I'm a trendy consumer. Just look at my stupid phone.

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gaz
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Re: Bike frame price increase after order placed and paid for legal?

Postby gaz » 4 Oct 2019, 1:41pm

Some retailers take payment immediately, some at despatch, others at delivery, check your card statement. Is it just ordered, or ordered and paid for in full?

Then check the small print in the terms and conditions, particularly as they relate to purchases that are "out of stock" and the retailer's "right to cancel". Any legal remedy is going to come down to what the legal agreement was, including whether the contract was fair.

Whilst I realise it is not your desired outcome I'd expect any reputable retailer to be prepared to refund you. If they don't then just advise your bank that you need to dispute the payment because you have not received the goods.
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thelawnet
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Re: Bike frame price increase after order placed and paid for legal?

Postby thelawnet » 4 Oct 2019, 2:26pm

it strikes me that they had already agreed to supply the goods when they showed them as in stock and took your money.

any subsequent increase in price is not your problem.

I would generally threaten to sue in such situations, it normally pays off.

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bigjim
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Re: Bike frame price increase after order placed and paid for legal?

Postby bigjim » 4 Oct 2019, 2:39pm

Name and shame them. Just be truthful and let them know you are doing it.
Nothing left to prove.

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NUKe
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Re: Bike frame price increase after order placed and paid for legal?

Postby NUKe » 4 Oct 2019, 3:02pm

Trikeyohreilly wrote:Hi I recently (yesterday) ordered a frameset from a fairly large company here in the UK. It was showing as in stock along with the other two items I ordered.

Got an email late yesterday saying the two smaller items were out of stock and the frame would take up to 4 weeks to get from the States. Did I want to continue? They had already taken the money and I was prepared to wait so I said yes. Today the price has gone up from £799 to £999. Though they are offering a 5% discount to make it £949.

Do I have any leg to stand on legally to expect my original order and price to be respected?


So they haven't asked you for the Money just you've seen the price has gone up today ? chances are you were lucky and ordered in time to get the old price. DON'T PANIC
NUKe
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bigjim
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Re: Bike frame price increase after order placed and paid for legal?

Postby bigjim » 4 Oct 2019, 3:19pm

NUKe wrote:
Trikeyohreilly wrote:Hi I recently (yesterday) ordered a frameset from a fairly large company here in the UK. It was showing as in stock along with the other two items I ordered.

Got an email late yesterday saying the two smaller items were out of stock and the frame would take up to 4 weeks to get from the States. Did I want to continue? They had already taken the money and I was prepared to wait so I said yes. Today the price has gone up from £799 to £999. Though they are offering a 5% discount to make it £949.

Do I have any leg to stand on legally to expect my original order and price to be respected?


So they haven't asked you for the Money just you've seen the price has gone up today ? chances are you were lucky and ordered in time to get the old price. DON'T PANIC

I read it they've offered him the discount and it's now £945?
Nothing left to prove.

Trikeyohreilly
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Re: Bike frame price increase after order placed and paid for legal?

Postby Trikeyohreilly » 4 Oct 2019, 3:36pm

It was £800 yesterday. They took the money yesterday. Now they say they have to order it from the US though it was shown as in stock at the time of order.

They say Surly have put the price up to £999. It was already £999 original price, they showed it as £200 off when I ordered it. The 5% off to £949 just seems that they are trying to sweeten it a bit.

Bez
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Re: Bike frame price increase after order placed and paid for legal?

Postby Bez » 4 Oct 2019, 4:28pm

Trikeyohreilly wrote:They say Surly have put the price up to £999.


That's their problem. They sold you one for £800. If they took your money then the contract exists and you've fulfilled your obligations under it.

(IANAL)

reohn2
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Re: Bike frame price increase after order placed and paid for legal?

Postby reohn2 » 4 Oct 2019, 4:44pm

Trikeyohreilly wrote:It was £800 yesterday. They took the money yesterday. Now they say they have to order it from the US though it was shown as in stock at the time of order.

They say Surly have put the price up to £999. It was already £999 original price, they showed it as £200 off when I ordered it. The 5% off to £949 just seems that they are trying to sweeten it a bit.

It's an attempt at extortion,as others have said you paid the advertised price that's the contract,now they're trying extort more money from you.

We had the same thing happen with a large framed print in a shop in Glenridding in the Lakes.The print was on the wall with the price clearly marked,I paid a deposit as we were on the boat down Ullswater from Pooley Bridge and arranged to pick it up the day after when we were in the car.
When we went to pick it up the price had jumped up £30,the excuse was there'd been a mistake in the pricing.
I informed the shop owner that wasn't my fault or my problem and asked for my deposit back,she said she'd meet me half way,I left her in no uncertain terms that I justed wanted my deposit back,got it and walked out.
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Oldjohnw
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Re: Bike frame price increase after order placed and paid for legal?

Postby Oldjohnw » 4 Oct 2019, 4:55pm

I would have thought that if they feel unable to stick with their price you are entitled to terminate the contract which they have broken in that they changed the terms.

Getting your money back is another matter.
John

Cycling and recycling

slowster
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Re: Bike frame price increase after order placed and paid for legal?

Postby slowster » 4 Oct 2019, 5:16pm

You can see Surly frames and current availability on Ison Distribution's website here. I think some retailers show items on their website as being in stock, when what they really mean is that the importer/distributor has them in stock

However, that's no excuse for the shop's actions. Even if they could no longer honour the price originally paid, I would expect them to contact you, apologise for the error and inconvenience and immediately refund the monies paid if you did not want to pay the higher price.