Online retailer increased price after sales, charges difference.

Hitman_Hart

Hi, first post here, so hope i make some sense with what i'm about to post. I'm a bit confused about my rights.

I purchased a model car from a UK online retailer on 26th October. It had been on their website as a "pre-order" since Early 2011, and it was released in late October.

The website had listed the model at £71.48 and it had been listed at this price since the pre-order was available until a couple of days ago.

Now, people who collect model cars know that if a manufacturer raises the rrp between announcement and the day of release, the retailer raises the price to reflect this. So sometimes the price you pre-order is not the final price you pay.

Now in this case. The model was released and i was charged £71.48 as I expected. But i recieved the following email last night:

Dear Mr

I am writing to you regarding your order for the recently dispatched DC21006 1:18 RED BULL RB6 WEBBER 2010.

As I’m sure you’re aware, way back on the 31st December 2008, we had to end our no price rise guarantee. The escalating cost of diecast meant that as a business, it was simply unsustainable for us to hold the price of diecast down when the manufactures’ had to increase the price due to the increase in costs.

We at Diecast Legends always try to communicate the reasons for the price changes to our customers, and my boss, Christopher Paul, has written articles in our monthly diecast magazine many a time on the subject, which leads me onto why I’m writing to you.

My name is Simon Ware, part of my job is to make sure that if the manufacturer puts up the retail price of a model, the price corresponds on all the customer orders. Unfortunately on this occasion, your order for the DC21006 1:18 RED BULL RB6 WEBBER 2010 was not amended by myself, and you ended up paying the wrong price for the model.

This was completely an error on my part and I put my hand up to it, no excuses, it was my mistake, and I apologise.

What it means is, we will have to charge you for the correct retail price of the model, which is £74.99. As you’ve already paid £71.48, we will be charging you the difference of £3.51, on Friday the 18th November.

I wanted to write to you, firstly to apologise in person for my error and secondly, to give you advance notice of us charging you the correct price.

If you have any queries regarding this, you can email me, or you can even call me personally here at Diecast Legends. My direct number is 01483 407532, and I’ll be here between 9 and 5.

Again, I apologise for any inconvenience this may cause.

Kind regards,

Simon Ware

What i gather from this email, is that the retailer messed up their pricing, and are now demanding the extra cash.

Conveniently, this email was sent at 17:15 on Friday 11th November, which is 14 days after the model was released and money was taken.

They don't offer the opportunity to return the item for a refund.

Are they allowed to do this? It seems really low and underhand.

I would like to return the model, get a refund and take my business elsewhere, but i am unsure if I can do this.

In short, i don't know where i stand and would like some assistance.

Thanks for making it this far, any help is much appreciated.:money::beer:

pendulum

I would say they definitely cannot do that, they have taken the money and dispatched your goods, the contract is complete. The fact they have admitted that a mistake was made and the mistake was their fault only puts you in a stronger position. I would reply back saying I do not authorise any extra charge and £71.48 is all I'll be paying.

Auntie-Dolly

Seems strange that they would risk annoying their customers for such a small amount. If they have accepted your order and dispatched the item at that price I don't think they can ask for more.

arcon5

I'd email them and remind them the the contract has been formed and concluded (since you have received the goods), tell them to refund the money charged to your card without authorisation. Also advise them you will report the transaction as unauthorised if they fail to do so within say 14 days. They would be silly not to refund it bearing in mind the fees they will incur as a result of a chargeback

shaun_from_Africa

Just e-mail them back and tell them that under their own T&C's they have legally accepted your offer of £71.48 and that as far as you and the law is concerned, the contract has been completed.

When you place an order on our website, you will view an order confirmation page and receive an order confirmation email from Diecast Legends. This page and email confirm receipt of your order and its details, they do not form a contract to a sale at this point. Your order represents an offer to us to purchase a product/products, which is accepted by us at the point when we debit your card and despatch the goods to you

pmduk

This sounds to me like a member of staff trying to correct their mistake before the boss finds out.

zorber

I had this with a retailer before. Gave me an additional charge 6 months later. I disputed it with my credit card and it was removed.

Ajlee6

Hi my Husband got the same email yesterday but for a different item from that retailer

The time scales are the same however.

The amounts they are quoting on the mail are even wrong to what he as been charged. They now want another £15 from him ,when in fact if you look at their site it should only be £13.50

My other half also as about £1300 of back orders with this retailer & heaven knows how much he as spent with them over the years.

Not does it only seem wrong,but smacks of shoddy customer services

fozmcfc

I agree with others, I don't think you should pay unless you want to.

Again as someone has said it could be someone who is just trying to rectify the mistake before the boss finds out.

So as it stand you have 2 choices, either tell them under no circumstances are they to charge your card.

Or

If you think it may be a case of an employee trying to sort it before the boss finds out and you feel that this person possibly may get the sack for their error, you may wish to reply that whilst they have no right to the money, you will on this occasion agree to it.

The sort of person I am I would if I really happy with the item and as the price difference isn't massive would probably do the latter. I'd pay whilst reminding them they don't have a right to the money, but feeling good I may have saved someone their job.

Prehaps I'm too soft.

mo786uk

It would probably be illegal for them to take the money. You havent given them permission to.

You agreed and bought a product for a set price. It was their mistake and they can only rely on goodwill from consumers..

somethingcorporate

What a shambles! Tell them where to go and if they debit your credit card dispute it with your bank.