Yesterday I ordered and paid for a built in hob and a tumble dryer. The salesman quoted us a very good price for buying the two together and I am now looking at the receipt. Today he rang me and said he had underquoted by £100.00. Am I in my rights to refuse to pay the extra, or should I grin and bear it? Is there any sale of goods act which would back me up if I refused to pay the extra or is the salesman right in demanding more money? Would I be in my rights to cancel the purchase and go elsewhere?
What do you all think? :(
Jean

Jean ...I would refuse to pay it ..end of story. If HE has got it wrong then it is up to him to put it right. You have a receipt and it states what you get for your money.....I am sure that this MUST be covered by law. Can you get his District Managers name and call him?

Melody

I don't know the answer but a quick call to Trading Standards should help, I would think.
Lynn x

As far as I know he has taken your money and so that binds him to supplying at that price. He has entered into a contract with you. If no money had changed hands and you had simply enquired then he could tell you he had made a mistake. Trouble is he can simply say he can't get them and offer a refund and I don't see that you could do much about that.

I would remind him that he has a contract to supply at that price you have paid and unless he does you will be talking to Trading Standards. I would do that anyway as it could be a con.

Pam n the boys

Hi Pam

You are 100% right

Hi
As far as I know, if a shop under prices something and realises before the sale they can refuse to sell, but if bought and paid for they have no re course, the fact that you have opted for delivery is no different, you bought and paid the price they asked so you already own the goods..end of story. Don't pay anymore. Yes you have the right to cancel, 7 days...but I would stick it out and contact their head office straight away and speak to a manager there, that usually does the trick.
Let us know what happens
:)
Tracey

Just reiterating what everyone else has said. It's all about offer and acceptance. They offered to sell (legally known as an invatation to treat) and you accepted and paid (you gave consideration) that makes the contract legally binding there is nothing they can do but you can't blame him for trying I bet he's in trouble. :)

Thanks everyone :)
We are ringing up tomorrow to "discuss" the situation. If he won't provide the goods we have paid for, we are cancelling the order and going elsewhere, and he won't get the order for a new oven either! :D
I'll let you all know what the final outcome was.
Jean

Hi

I wouldnt cancel the order,thats the best thing for them.
tell them about the sale of goods act and use the advice you have been given on here
sound like you know what your talking about and I bet they back down,ask for the manager or even head office,but stand your ground.
Best of Luck

What would be even better is to actually go to the shop, rather than phone, this puts pressure on the manager to make sure other customers aren't aversily (sp?) affected by your complain - and don't forget to mention words like 'Sale of goods Act' and 'acceptance of order'..... ;-)

Hi Guys...

Sorry to correct anyone as most are going with the right Idea but how it works is

Initation to treat..

A shop does NOT offer to sell they " Invite YOU to make offer to buy" the price is a invitation indicator.

The contract is made by :

YOU making an offer of IE £10

and they then ACCEPT your OFFER not the other way around

Once they accept your offer then the contract is made. There are certain errors that can make the contract voidable but not void but this is a bit more lenghtly to explain.


Hope this is clearer for you.

Pam

HI Jean,

This is not technically governed under the sales of goods act directly although bits of it will, it is covered by basic formation of a contract law ,

Unless there is small print somewhere as it could be deemed to be an order and not a purchase then you should be OK. Sometimes these companies have small print where they can freed from the contract.

Could you give me a little more details like has the good to be ordered from elsewhere, or are they in stock at the shops warehouse etc.

If you are really stuck feel free to mail me and I have no problems looking into it further for you.

Pamela

preidie@yahoo.com

PS if it is an order you have a cooling off period where you can cancel ( this is not applicable to specially ordered goods such as things requiring made such as jewellery or a suite

Thank you all so much for your help and advice. Whilst I took the dog swimming this morning, my husband rang the firm up and told them they had agreed to the price as they had accepted our payment in full and therefore a contract had been made. The salesman spoke to his manager, who agreed that it was their mistake, but asked if we would pay for the delivery £30.00. Hubby agreed as we would still be paying well under the odds. With the delivery charge, we are still saving £120.00 off their in-store prices and getting brand new appliances for less than their 'graded prices' for the same items.
So I am once again a happy little bunny :D (although I would have argued over the delivery cost compromise ;))
Thanks once again for your support. XXX
Jean

Well done Jean - a result! :D

By the way, how did you teach your husband to use the telephone? Mine is convinced it bites :rolleyes:

Ah well, I believe in the reward and punishment training!;) A sharp pointy stick gets attention superbly and so does a good dinner if he does it right!:D Failing that there is always my Masterplus collar.......;) Use the right incentive and the results will come in I say!
Jean

I'll have to give the stick a try.:D Problem is timing I suppose - he works nights and sleeps in the day, so learning this phone lark could be tricky....:)

Well done Jean..

Pam