Consumer/Contract position

Diver2

Hello all - after some advice about the following situation.

I obtained a verbal quote on an expensive wedding ring and then shopped around for more quotes. The original quote came in the cheapest and so I called back yesterday to confirm that the quote still stands. This was verbally confirmed to me on the phone and I paid a 60% deposit, with the balance to be paid when the ring was ready.

This morning I have had a call from the jewelers saying that the quote was wrong from the manufacturers and that the ring will be more expensive. Not loads, but enough when you're trying to stretch to get married!

Where do I stand contractually having paid a significant deposit and having agreed the price? Sadly, as I say above, everything has been done verbally.

Thanks in advance.

D2

Flyboy152

Was the price the jeweler mentioned a "quote," or an "estimate?"

Diver2

Hi Flyboy152

The price was a quote, I wouldn't have gone ahead with ordering and paying a four figure deposit on the back of an estimate!

Thanks for any assistance.

D2

Flyboy152

What you need to do is get the jeweler to confirm that the price given ws a quotation. That said, there really is not much you can really do, unless work has already started and you can prove you were given a quotation and not an estimate.

Diver2

The UK shop don't disagree that they gave me a quote.

We asked for a definative quote for a Q size ring, the UK shop contacted the swiss manufacturer, got a price and came back to us with a quote which was valid for a week. We called back after 8 days (yesterday) and asked if the quote was still valid, they went off and checked and said yes. We agreed to purchase the ring and paid the deposit mentioned above.

They then called this morning stating that they don't want to honour agreed quote, saying that they were mis-quoted by the actual swiss manufacturer (who it appears quoted for a smaller size than a Q). They are saying that the mis-quote came about as a result of english/german translation.

My opinion is that the confusion between the Uk and swiss supplier is nothing to with me and that a price was agreed and deposit taken. However, I have nothing in writing, this was all done in the store, or on subsequent phone calls.

D2

halibut2209

At the end of the day, they are quite entitled to simply refund your money.

Optimist

halibut2209 wrote: »

At the end of the day, they are quite entitled to simply refund your money.

Can they not get their money back at the beginning of the day


It really depends if the OP had formed a contract in which case he might be able to claim for expectation loss. The problem is going to be proving it, and giving a deposit would seem to do that.

It also depends on what was said but verbal contracts are not worth the paper they are written on, and it tends to become a he said, no I didn't, argument.

How much trouble you wish to go to when/if they say no ?
I would argue with the shop that by taking the deposit they had formed a contract at that price and you wished to continue with said contract. Putting this in writing you might even make this a letter before action.

arcon5

Rights or no rights, unless your willing to go to court you can't make them do anything.

If the price difference isn't that significant maybe agree to meet them halfway?

Diver2

Thanks for the input everyone, I think that the situation has been summed up well. I "believe" that I formed a contract when I paid the deposit. However, it's all been verbal, and if they chose not to honour the contract then court is complicated and expensive remedy for the smallish amount of money involved.

Thank to all.

D2