Advice - VAT added AFTER ordering over phone

Kyle_PT

Hi all,

Recently I've been in discussions via email with a man from FitPro (a reputable fitness organisation) about buying some of their fitness equipment. The emails included:

Thank you for your enquiry about the ViPR, please find below all the prices for individual and Package deals on the ViPR.

4kg - £85.02
6kg - £87.82
8kg - £108.16
10kg - £124.03
12kg - £133.12
16kg - £153.07
20kg - £179.30

A full set, which is 2 of each weight = £1411.71

ViPR Lite Package - 2 x 4kg/6kg/8kg/10kg = £613.05
ViPR PT Pack - 1 x 4kg/6kg/8kg/10kg = £376.53
ViPR set of 12 – 2 x 4kg/6kg/8kg/10kg/12kg/16kg = £1186.68 (If you decided to have a 20kg instead of a 16kg it would equal £1190.55)

We do also have a delivery charge, but this would be dependent on where delivery is and quantity. So if you like you can tell me what you would be interested in purchasing, tell me your post code and I can get a quote for you.

If you have any questions, please feel free to contact me on the number below.

Kind Regards

and finally

Hi Kyle,

Your quote for a 10kg and 12kg would come to £17.25, making your total £274.40

Regards

So after ringing up yesterday and paying with my card (what I assumed to be the 'total' of £274.40), I received a receipt this morning for £322.42.

Obviously VAT has now been added on, but at no point during our discussions was it mentioned prices did not include VAT, nor was it mentioned when I called.

Obviously I can call up and cancel the order, but I would like the products and I would like them at the price we agreed.

What would be my best course of action?

Many thanks,

Kyle

Freddie_Snowbits

DSR applies and cancel the order immediately when it comes.

Andy_L

Kyle_PT wrote: »

What would be my best course of action?

Phone them before the delivery is dispatched, waiting until it arrives just adds more inconvience to both sides.
It may be a mistake, either they quoted an ex-VAT price & forget to tell you or added VAT on (again) by mistake.

Kyle_PT

Thank you for the replies.

The DSR was the type of jargon I was looking for and have mentioned it in my reply to substantiate my case, I will let you know how it progresses.

Kyle

Equaliser123

Kyle_PT wrote: »

Thank you for the replies.

The DSR was the type of jargon I was looking for and have mentioned it in my reply to substantiate my case, I will let you know how it progresses.

Kyle

VAT is deemed included in B2C sales unless it is stated to be excluded.

DSR doesn't really substantiate your case but does give you the right to return the goods.

I would be tempted to argue that they are unilaterally attempting to change the price post-contract which would be unlawful.

Hintza

They sound more like a B2B company though.

Judas

Hintza wrote: »

They sound more like a B2B company though.

There website isnt that clear. I would argue that given it carries both B2B and B2C content it would be for them to clearly indicate what time of contract was in place in regards to VAT.

That said the OP is unlikely to win and a DSR return is probably his quickest way to get cash back.

Equaliser123

Judas wrote: »

There website isnt that clear. I would argue that given it carries both B2B and B2C content it would be for them to clearly indicate what time of contract was in place in regards to VAT.

That said the OP is unlikely to win and a DSR return is probably his quickest way to get cash back.

I don't agree that the OP is unlikely to win. Not looked at the website but if the OP was buying as a consumer and nothing stated that the prices were ex VAT then I think the case is a very good one.

sarahg1969

They refer to cooling-off periods within their T&Cs and have a link to some consumer info from the DTI. They also don't mention that VAT will be added within their T&Cs.

adam.mt

Equaliser, I don't understand why it wouldn't be considered the same as a routine misprice; ie. pay what they ask or don't have the goods?

Sure, if their website is unclear then they could be reported to Trading Standards for misleading advertising, but why do you think you're legally entitled to force them to sell at an incorrect price?

Equaliser123

adam.mt wrote: »

Equaliser, I don't understand why it wouldn't be considered the same as a routine misprice; ie. pay what they ask or don't have the goods?

Sure, if their website is unclear then they could be reported to Trading Standards for misleading advertising, but why do you think you're legally entitled to force them to sell at an incorrect price?

Interesting point. However, I think the distinction here is that a) it was not a web sale; b) there was a clear quote given; and c) payment was taken.

I'm assuming that the goods are now on their way?