Cancellation of jewelry order after deposit paid

Caudovittatus

Hi all,

I wonder if anyone can help with this. I have placed a deposit on some jewelry at a high street jeweler.

The person I am buying it for knows what the item is (they chose it), but it is being made to order (a standard style, but they didn't have the correct size).

The problem is that the recipient has had a change of mind and is desperate to cancel (in order to get something else - less monetary value, but something they really want much more). I want to do this if possible and can accept the loss of deposit. My question is: is my liability limited to the deposit, or could the shop sue for breach of contract in addition to keeping the deposit?

This is further complicated, because a week or two after taking the deposit, the shop phoned up and said that the price had gone up by ~90% (an error on the assistant's part apparently because the incorrectly sized item had been in stock for some time, but raw materials have gone up in price since then)! Obviously I wasn't happy about that and made a fuss (including getting advise from a solicitor - though I didn't issue any formal legal complaint). The shop did back down and say that they would honour the original price. Had I known that the desire of the recipient would be to cancel at that time, I would have been quite within my rights to do so I think, but I think now having made a fuss about their earlier error it does put me in a more difficult position if I seek to cancel now.

I haven't been contacted to say the item is ready yet (though I only specified that I needed it before Christmas, so they're not out of time to deliver).

Any advice appreciated!

paddedjohn

If they have under priced it by so much then i would think they would be made up if you cancelled your order.

Sooki

Surely if they have really underpriced the item by 90% then you could sell it on immediately for a very tidy profit. Alternatively if you haven't soured your relation with them you could ask if you deposit could be transferred to the other item that is being cossetted.
but I'd make very sure that the person you are purchasing for isn't going to change their mind again!

vuvuzela

Sooki wrote: »

Surely if they have really underpriced the item by 90% then you could sell it on immediately for a very tidy profit. Alternatively if you haven't soured your relation with them you could ask if you deposit could be transferred to the other item that is being cossetted.
but I'd make very sure that the person you are purchasing for isn't going to change their mind again!

They haven't underpriced by 90%. The price has gone up by 90%, ie a bit less than doubled. However that's the usual high-street jewellers price, so second-hand which it will be there would be no margin to make any money on it.

As it is custom-made, you have no DSR rights and you need to check the T&Cs of the shop very carefully.

tomwakefield

Caudovittatus wrote: »

The person I am buying it for knows what the item is (they chose it), but it is being made to order (a standard style, but they didn't have the correct size).

Is the size they are making something that they offer, but happened not to have in stock, or is it a size they don't usually offer?

arcon5

You have no rights to cancel. The goods are personalised (assuming that it isn't a size they stock at all and therefore making it to your spec). If the order has not been fulfilled you would be liable for any and all reasonable losses they incur (usually the deposit amount reflects this so your losses would be restricted to the deposit). If however the goods have been made or nearly completed you may well find yourself liable for the total purchase price for which they could issue court proceedings and win.

You have no rights under DSR anyway as they purchased instore.

You can contact the store and come to some form of compromise or ask if their willing to accept the cancellation, but considering the fuss you made last time it could go either way: a) they accept the cancellation with great pleasure b) they demand you honour the contract as you did with them previously.

Good luck

arcon5

tomwakefield wrote: »

Is the size they are making something that they offer, but happened not to have in stock, or is it a size they don't usually offer?

Doesn't really make a difference does it, since it seems op didn't purchase at a distance. (assuming DSRs was the route your taking..)

vuvuzela

arcon5 wrote: »

Doesn't really make a difference does it, since it seems op didn't purchase at a distance. (assuming DSRs was the route your taking..)

Fair point