Can shop keep my deposit?

SpideressUK

Hello

I went into a shop and paid a £200 deposit against a musical instrument costing £1,200. If I decide I no longer want to buy the instrument are the shop entitled to keep my full £200 deposit?

Thank you

Stevie_Palimo

It depends on the actual stores policy as for most would likely keep it but you may find a few that will be more forgiving and offer it back to you, Why not just ask the store ?

SpideressUK

Stevie_Palimo wrote: »

It depends on the actual stores policy as for most would likely keep it but you may find a few that will be more forgiving and offer it back to you, Why not just ask the store ?

I don't want to cause upset with the store as I might still want to purchase the instrument but in the meantime I have seen a similar thing advertised somewhere else and a lot cheaper so wondered if it was worth going to view the other one as I would not be able to buy the other if the original place were going to keep my £200 deposit.

bod1467

The store would be entitled to retain provable losses caused by your breach of contract. If they wanted to keep the whole £200 they'd have to prove why ... and "because our T&Cs say so" doesn't cut it.

Ultimately you might need to take small claims court action to get your deposit back (less any amount they can prove). Equally, they might be able to prove your breach cost them more than £200 ... e.g. if they have had to order in the instrument specially.

So, to summarise:

T&Cs don't overrule the Law
Circumstances of the sale will determine their losses

paddyrg

You can always ask, but why not try a halfway measure and ask them if they can match the price/offer a discount?

SpideressUK

bod1467 wrote: »

The store would be entitled to retain provable losses caused by your breach of contract. If they wanted to keep the whole £200 they'd have to prove why ... and "because our T&Cs say so" doesn't cut it.

Ultimately you might need to take small claims court action to get your deposit back (less any amount they can prove). Equally, they might be able to prove your breach cost them more than £200 ... e.g. if they have had to order in the instrument specially.

So, to summarise:


T&Cs don't overrule the Law
Circumstances of the sale will determine their losses

Thanks, the only potential "loss" they might have and might not be able to "prove" is that someone else might have bought it in the last 3 weeks or so since I paid my deposit but they might have turned them away with my deposit being on it. The instrument was already in their stock but had literally just come in (2nd hand to them) the day before I bought it so that is why it has not been immediately available for me as it needed to go to their workshop for some repairs. It sounds like it might be worth me viewing this other instrument (which is a private sale) as I might indeed be able to get my deposit back.

SpideressUK

paddyrg wrote: »

You can always ask, but why not try a halfway measure and ask them if they can match the price/offer a discount?

I have informed the shop that I have seen a private sale advertised for the same instrument (though the instrument advertised is likely to be - certainly hopefully! - a good 20 years or so older than the one I was/am planning to buy). The shop said that instruments of that type "never" sell for such a low price as £500 and 2nd hand they are normally at least £1,500 so the shop felt that the instrument being sold in private sale must be in a very poor condition (the listing says excellent playable condition but I have not seen it so hard to know for sure). On the two occasions I have spoken to the shop about this other instrument they have not mentioned anything like "why not go to see it and if you want that instead you can have your deposit with us back". It is an instrument that is normally rare as hen's teeth to get 2nd hand and is £2,500+ new so I doubt the shop would have any issue re-selling the one I have put my deposit on if I was able to/wanted to pull out of the sale.

bod1467

Is this a Stratocaster or similar?

SpideressUK

bod1467 wrote: »

Is this a Stratocaster or similar?

Schilke Eb Soprano Cornet

fozmcfc

I hope the saying, if it looks to good to be true, it probably is, doesn't occur here.

If this is on Gumtree or similar, then it could well be a scam. I would be wanting to see this absolute bargain in front of me, before parting with any cash.

SpideressUK

fozmcfc wrote: »

I hope the saying, if it looks to good to be true, it probably is, doesn't occur here.

If this is on Gumtree or similar, then it could well be a scam. I would be wanting to see this absolute bargain in front of me, before parting with any cash.

It is on "Pre-Loved" but I'd have to pay £5 to join the site to get the contact details of the seller plus the area they live is about a 30 mile round trip from me so based on a business mileage rate (which seems fairly accurate when petrol and car wear and tear are taken into consideration) would cost me £13.50 just to go view it so with the £5 to join the site it could be the best part of £20 down the drain for what could be a very dented instrument (which, in fairness could be listed still as "very good working condition") which would therefore likely be playing out of tune and be very expensive to repair to "none-dented" state.

If the seller was closer and I did not have to pay the £5 to join the site I'd definitely go to see it though I'd ensure the £500 was kept in a safe place in the car and not "on" me in case it is a set up for being mugged but whilst it pains me to think I might really be missing out on a bargain I am starting to err on the side of caution and lean more towards the likelihood of going with the £1,200 one with the shop to whom I have paid the deposit already.

I have just emailed Schilke though to ask what they think about their own instrument (they are the "top standard" for that type of instrument) ie have they improved on themselves over the years so better with a "newer" rather than "older" instrument.