Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • rigsby1208
    • By rigsby1208 17th Oct 16, 10:03 AM
    • 14Posts
    • 0Thanks
    rigsby1208
    Rolex watch purchase problem
    • #1
    • 17th Oct 16, 10:03 AM
    Rolex watch purchase problem 17th Oct 16 at 10:03 AM
    Hi
    I ordered an expensive Rolex watch, as an investment, through a well respected and established jewelers. I paid up front on my credit card. Delivery was stated to be 3-6 weeks as they were ordered from Switzerland.
    3.5 months later I still dont have a watch, the shop is saying it is having problems sourcing the watch and cant give me any indication of when it will be possible to supply it. They are very keen to refund my money or sell me the same watch in a different colour, but for a 30% increase in the price.
    I suspect they are not trying to source my watch at all and are just waiting for me to give up and ask for my money back. I believe the exchange rate changes means there suppliers prices have gone up and they will lose money if they supply my watch at the price I paid. Hence they want to return my money or sell me the same watch at a significant increase in price.
    Do I have any rights here? have we not entered into a contract for them to supply the watch? Its not exactly a rare watch. Is it legal to charge a big mark up to supply the same watch in a different colour?.
    Any help appreciated, as I feel I am being shafted by them.
Page 1
    • cono1717
    • By cono1717 17th Oct 16, 10:12 AM
    • 490 Posts
    • 327 Thanks
    cono1717
    • #2
    • 17th Oct 16, 10:12 AM
    • #2
    • 17th Oct 16, 10:12 AM
    If they can't get the watch they can't get the watch. They have offered you a way to get your money back which is all you would be entitled to if you took it to court. Edited for response below - though I still wonder if it's worth all the hassle vs just getting a refund

    Edit - It's also likely if you bought it online the ToS states the contract is only formed upon delivery confirmation.
    Last edited by cono1717; 17-10-2016 at 10:26 AM.
    • naedanger
    • By naedanger 17th Oct 16, 10:18 AM
    • 1,805 Posts
    • 1,393 Thanks
    naedanger
    • #3
    • 17th Oct 16, 10:18 AM
    • #3
    • 17th Oct 16, 10:18 AM
    Hi
    I ordered an expensive Rolex watch, as an investment, through a well respected and established jewelers. I paid up front on my credit card. Delivery was stated to be 3-6 weeks as they were ordered from Switzerland.
    3.5 months later I still dont have a watch, the shop is saying it is having problems sourcing the watch and cant give me any indication of when it will be possible to supply it. They are very keen to refund my money or sell me the same watch in a different colour, but for a 30% increase in the price.
    I suspect they are not trying to source my watch at all and are just waiting for me to give up and ask for my money back. I believe the exchange rate changes means there suppliers prices have gone up and they will lose money if they supply my watch at the price I paid. Hence they want to return my money or sell me the same watch at a significant increase in price.
    Do I have any rights here? have we not entered into a contract for them to supply the watch? Its not exactly a rare watch. Is it legal to charge a big mark up to supply the same watch in a different colour?.
    Any help appreciated, as I feel I am being shafted by them.
    Originally posted by rigsby1208
    Yes, assuming you have a contract, which is likely to be the case if you bought the item in a physical store. Google "loss of bargain". Unfortunately you may have a bit of a fight to enforce your rights.

    (As an aside an expensive watch is seldom a good investment as the watch's second-hand value usually has to increase considerably before it exceeds the retail value because of the high mark-up on such luxury items. If you are buying it to enjoy, while expecting it to retain in value a significant proportion of it original purchase price that is different.)
    • rigsby1208
    • By rigsby1208 17th Oct 16, 10:29 AM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    • #4
    • 17th Oct 16, 10:29 AM
    • #4
    • 17th Oct 16, 10:29 AM
    [QUOTE=cono1717;71465586]If they can't get the watch they can't get the watch. They have offered you a way to get your money back which is all you would be entitled to if you took it to court.

    Yes, but I believe they can get the watch, however they dont want to supply it now, as it will not be profitable for them due to the exchange rate changes. Its a watch which is available in jewelers up and down the country.
    • rigsby1208
    • By rigsby1208 17th Oct 16, 10:34 AM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    • #5
    • 17th Oct 16, 10:34 AM
    • #5
    • 17th Oct 16, 10:34 AM
    This is the email confirmation after ordering and paying the price on the website...
    its says no payment will be taken until the order is dispatched.



    Dear XXX XXXX,
    Thank you for your order, placed on 4 July 2016, 15:26. Your order reference is refxxx, and the order status is "Payment Received". You will receive a further email when we have fulfilled your order and passed it over to our carriers to be delivered to you.
    XXXXX will not remove any funds from your payment provider until your order has been dispatched.
    We hope you enjoyed your experience shopping at XXXXX Jewellers.
    Order Reference: refxxx
    Order Status: Payment Received
    Payment Method: Credit or Debit Card
    • naedanger
    • By naedanger 17th Oct 16, 10:42 AM
    • 1,805 Posts
    • 1,393 Thanks
    naedanger
    • #6
    • 17th Oct 16, 10:42 AM
    • #6
    • 17th Oct 16, 10:42 AM
    This is the email confirmation after ordering and paying the price on the website...
    its says no payment will be taken until the order is dispatched.



    Dear XXX XXXX,
    Thank you for your order, placed on 4 July 2016, 15:26. Your order reference is refxxx, and the order status is "Payment Received". You will receive a further email when we have fulfilled your order and passed it over to our carriers to be delivered to you.
    XXXXX will not remove any funds from your payment provider until your order has been dispatched.
    We hope you enjoyed your experience shopping at XXXXX Jewellers.
    Order Reference: refxxx
    Order Status: Payment Received
    Payment Method: Credit or Debit Card
    Originally posted by rigsby1208
    It is not clear you have a contract. What precisely do their terms and conditions say about when the contract is formed? If it is when they take payment you should be fine.

    If it is when the item is dispatched, or worse still delivered, then I don't think you have a contract, since the item has not been dispatched. They may have made a mistake taking your money but I don't think that entitles you to demand that the contract has been formed. I think the remedy will be to return the money.
    • rigsby1208
    • By rigsby1208 17th Oct 16, 10:49 AM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    • #7
    • 17th Oct 16, 10:49 AM
    • #7
    • 17th Oct 16, 10:49 AM
    It is not clear you have a contract. What precisely do their terms and conditions say about when the contract is formed? If it is when they take payment you should be fine.

    If it is when the item is dispatched, or worse still delivered, then I don't think you have a contract, since the item has not been dispatched. They may have made a mistake taking your money but I don't think that entitles you to demand that the contract has been formed. I think the remedy will be to return the money.
    Originally posted by naedanger
    Thanks
    I can't seem to find anything on their website about when a contract is formed, they are mainly a shop based jewelers. If I get a refund, I will in effect be £1000 out of pocket. All the prices at other jewelers have increased at least this amount since I placed my original order.
    • cono1717
    • By cono1717 17th Oct 16, 10:54 AM
    • 490 Posts
    • 327 Thanks
    cono1717
    • #8
    • 17th Oct 16, 10:54 AM
    • #8
    • 17th Oct 16, 10:54 AM
    Thanks
    I can't seem to find anything on their website about when a contract is formed, they are mainly a shop based jewelers. If I get a refund, I will in effect be £1000 out of pocket. All the prices at other jewelers have increased at least this amount since I placed my original order.
    Originally posted by rigsby1208
    Will you be out of pocket because the watch was (in effect) £1000 cheaper from them than any other jeweler? If so then I don't believe you have a lot of wiggle room - can you post the website / company name so we can try to take a look at the ToS?
    • rigsby1208
    • By rigsby1208 17th Oct 16, 11:07 AM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    • #9
    • 17th Oct 16, 11:07 AM
    • #9
    • 17th Oct 16, 11:07 AM
    Will you be out of pocket because the watch was (in effect) £1000 cheaper from them than any other jeweler? If so then I don't believe you have a lot of wiggle room - can you post the website / company name so we can try to take a look at the ToS?
    Originally posted by cono1717
    Yes I will. The price retailers are charging for this watch have increased drastically over the last 3 months due to the exchange rate. They buy the watches from Switzerland and the pounds collapse has meant the prices they pay have gone up 30%.
    I could have ordered the watch from a different supplier 3.5 months ago for the same price, however all suppliers prices have gone up by approximately £1000.
    • rigsby1208
    • By rigsby1208 17th Oct 16, 11:08 AM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    Browns Family Jewelers
    • cono1717
    • By cono1717 17th Oct 16, 11:34 AM
    • 490 Posts
    • 327 Thanks
    cono1717
    Hmm this does make for interesting reading.

    When you place an order you will receive an email from us confirming receipt of your order. Please check that all details are correct. If not please contact us immediately. Whilst all items are offered for sale in good faith occasionally, for reasons beyond our control, we may not be able to fulfill your order.

    Therefore a sale agreement will only exist between yourself and brownsfamilyjewellers.co.uk when you receive an email confirming your order has been placed. Funds will not be deducted from your payment provider until your order has been dispatched.
    They have left themselves quite wide open to a loss of bargin claim I guess?
    • DoaM
    • By DoaM 17th Oct 16, 12:35 PM
    • 1,009 Posts
    • 918 Thanks
    DoaM
    I am minded to agree ... per their own T&Cs it seems a contract has been formed.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • rigsby1208
    • By rigsby1208 17th Oct 16, 12:35 PM
    • 14 Posts
    • 0 Thanks
    rigsby1208
    They have left themselves quite wide open to a loss of bargin claim I guess?[/QUOTE]

    Thanks. Where did you find the T&Cs on their site?
    • DoaM
    • By DoaM 17th Oct 16, 12:37 PM
    • 1,009 Posts
    • 918 Thanks
    DoaM
    https://www.brownsfamilyjewellers.co.uk/terms-conditions-i7

    You need to look at the Site Map link to find it.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • cono1717
    • By cono1717 17th Oct 16, 2:18 PM
    • 490 Posts
    • 327 Thanks
    cono1717
    In regards to what to suggest - I would send them a letter before action advising them of their terms of service indicating a contract has been formed - that you have given them ample time to account for temporary supplier issues and that you wish to have the watch delivered to you else you will be pursuing breach of contract through the small claims court (interesting point how much was the watch was it < £10k)
    • unholyangel
    • By unholyangel 17th Oct 16, 2:38 PM
    • 10,207 Posts
    • 7,363 Thanks
    unholyangel
    Is it just me/my settings or are those T&C's a pain in the behind to read? Especially the S's?
    Money doesn't solve poverty.....it creates it.
    • agrinnall
    • By agrinnall 17th Oct 16, 2:49 PM
    • 15,668 Posts
    • 11,377 Thanks
    agrinnall
    Is it just me/my settings or are those T&C's a pain in the behind to read? Especially the S's?
    Originally posted by unholyangel
    Looks OK to me (on Firefox), and the S's are no more difficult to read than any other letter.
    • cono1717
    • By cono1717 17th Oct 16, 3:07 PM
    • 490 Posts
    • 327 Thanks
    cono1717
    Is it just me/my settings or are those T&C's a pain in the behind to read? Especially the S's?
    Originally posted by unholyangel
    I see what you are saying the font is not the best choice for the website - it's readable but you do have to strain.
    • DoaM
    • By DoaM 17th Oct 16, 4:30 PM
    • 1,009 Posts
    • 918 Thanks
    DoaM
    Is it just me/my settings or are those T&C's a pain in the behind to read? Especially the S's?
    Originally posted by unholyangel
    Contrast is not great ... text is too pale for the white background. The font size exacerbates this issue.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • NotRichAtAll
    • By NotRichAtAll 18th Oct 16, 8:44 PM
    • 563 Posts
    • 403 Thanks
    NotRichAtAll
    which rolex did you order?
    my local goldsmiths has the full range in store, no ordering from Switzerland involved and they are the real deal.

    http://www.goldsmiths.co.uk/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,622Posts Today

6,005Users online

Martin's Twitter
  • PPI deadline decision's just been delayed until first quarter of 2017, it was due this year. For free help now go to https://t.co/EqDQvgRZ2K

  • RT @juliegroves49: @GMB @MartinSLewis thanks got my soap & glory glam sets which was half price at boots today thanks or all the tips xmas?

  • RT @ckrd: @MartinSLewis Just bagged my Soap and Glory Set £30.00 instead of £60, thanks for the reminder in your email. Another one off the?

  • Follow Martin