Retailer charged more after sale agreed

Remby1968

I recently made a telephone purchase of some goods from a boat chandler (he is the only one to stock the authorised parts) who listed the parts and prices on his website.

When the goods and invoice arrived, there was a handwritten note on the invoice saying that he was sorry he has had to charge more as the goods were selling at a loss!

I'm sure this is not allowed. Am I right? What legislation do I cite to him that he has broken (if any)?

Thanks in advance.

Brooker_Dave

Remby1968 wrote: »

I recently made a telephone purchase of some goods from a boat chandler (he is the only one to stock the authorised parts) who listed the parts and prices on his website.

When the goods and invoice arrived, there was a handwritten note on the invoice saying that he was sorry he has had to charge more as the goods were selling at a loss!

I'm sure this is not allowed. Am I right? What legislation do I cite to him that he has broken (if any)?

Thanks in advance.

If you're not happy you can send them back I suppose.

But there's no law to force someone to sell you something at a loss.

neilmcl

Have you made payment yet? If not, then I'm pretty sure a contract does not yet exist so you can either agree to pay at the new price or ask them to collect the goods.

smcaul

Contract was formed at original price, he has to refund the difference.

neilmcl

smcaul wrote: »

Contract was formed at original price, he has to refund the difference.

Not necessarily. If no payment has been made yet (which the OP has yet to confirm) then merely sending the goods with a new invoice doesn't constitute a contract.

ihatecaptcha

Wouldn't the first step be to ring him up and ask him how it happened that the goods were listed on the website at below cost price? If there's a reasonable explanation, maybe you will feel after hearing his explanation that it's fair to pay what he's asking.

If the parts are imported, the price can vary in line with currency changes.

If he doesn't have a reasonable explanation, that would be the time to think about citing legislation, I would say. Worth giving him a chance first, especially if he's the only stockist.

Remby1968

Thanks for the replies folks.

Payment for the goods was taken before they were despatched (by credit card) but the card receipts were photocopied on to the invoice. There were 2, one for the original sum and one for the extra amount.

Thanks again in advance.

ginnersinner

If payment has been taken and goods despatched then a binding contract is formed. He cannot then take any more. It would be the same as you buying, say, a bottle of wine in Tesco, paying £4.99 for it by card, then ten mins after you'd left Tesco decide to put the price up to £5.99 and charge your card an extra pound. Not allowed!

neilmcl

Remby1968 wrote: »

Thanks for the replies folks.

Payment for the goods was taken before they were despatched (by credit card) but the card receipts were photocopied on to the invoice. There were 2, one for the original sum and one for the extra amount.

Thanks again in advance.

In that case, a contract did exist which the seller has now broken and he should reimburse the extra amount as he had no legal right to charge you this.

4743hudsonj

you might want to mention that he has broken the law by taking the further amount without your permission and you will class it as fraud if they do not reimburse you immediatly

m_13

4743hudsonj wrote: »

you might want to mention that he has broken the law by taking the further amount without your permission and you will class it as fraud if they do not reimburse you immediatly

Not fraud, theft! It would be fraud if he listed the items at one price and had the intention of charging you more once he got your credit card. The intent has to be there. Unless you can prove that he intended to do this then a charge of fraud will not stand.

What appears to have happened is that once authorised by you to take a set sum from your card in a contract, he has then made a further transaction without your consent which is theft. How they run their business is nothing to do with you!

I would ask them politely for the money back and if they do not provide a refund, start a dispute with your credit card provider. The fact that you have a written note from them showing that they took additional monies and apologies should be sufficient to prove you did not authorise the second payment.

This is no different than them deciding 6 months after you bought from them that they didn't charge enough and putting through a new transaction!