Deposit Paid - price not honoured

fm32

Facts:
1. get a free voucher at wedding show in oct 16 for 20percent of wedding ring valid for one month.
2. go to show within one month get prices - seen two rings wasn't sure what to go with - od need make 50percent payment to get the 20percent discount within a day or two. take ring size, explained about pregnancy etc
3. ring up pay 50percent over telephone confirming unsure about ring i wanted, was advised pay 50percent of cheaper ring - wasn't much of price difference and get a chance call back down
4. phone call come two weeks later to say balance was due - said i wasn't aware of such and asked for refund, said refunds weren't given
5. few more calls come and i get a voicemail and i return the call - i am told by the lady whom had been chasing me with a handful of calls that the balance was due et etc and i asked to speak to manager.. The manager was very firm she started going into terms of shop and i being nice apologied and said no-one told me about such. she said i needed to get back to shop to confirm which ring i wanted or I would lose the discount. she gave me i think seven days
6. wasn't possible to get there in timeframe and why i didn't pay the reminder if balance over the phone was simply because i hadn't decided which of two rings to go with - so this suggests as manager didn't insist payment over phone - that she is admitting and was aware of that - so was there a ring ever ordered - this is the question.
7. took it that i left it with no 20percent discount - but had a credit in the store as i didn't get within her timeframe given but then again i never bothered to contact them as i felt a little bullied by their actions.
8 went to another wedding show in march - received same voucher again on a note book voucher 20percent of wedding rings valid for one month.
9. visited the shop repriced the ring - ones in at same price as previously back in oct - then I left shop. on reflection i should have maybe said in shop i thought i had credit but didn't as had boyfriend with me and he isn't aware of this.
10. ring manager and ask can the credit go over to new quotation for rings with discount - she seemed to be raging as she never returned my calls untiled i emailed in on sat. She said I hadn't decency to ring her in dec, she said she explained policy that i wasn't entitled to 20percent off unless i paid on full on day and that she gave me extra time and I never went back then get another voucher and reprice and never made it known - why does it matter i asked myself - have i hurt her pride?
goes on to say how they accommodated me and really did they - they phoned me when i was nursings a very sick eight month old baby while pregnant and then caught a sickness myself i explained this to them - but i know personal circumstances will not have any reflection on such.
11. policy - she then explains in first email back to me
Firstly I would like to explain a little about our company . We are a solo shop , we are not a chain as the likes of (i have deleted) etc etc , All of our rings are hand made , by either ourselves or certain suppliers which we deal with , they are not machine made and made in mass amounts ... They are Hand Made when we place an order . When a customer comes in to our shop we give them the best possible price that we can give on that day only . Both Metal Prices and Diamond Prices change by the day . So what happens is ... when you choose rings and place an order the rings must be paid for in full !!! I myself explained this to you , we do not do deposits on wedding rings . To get the best possible price they have to be paid in full , However in very few circumstances I myself will authorise a 50% Deposit and the balance to be paid within 1 month !!! . We can work things two ways in our shop , Rings are priced on our pads without vat so we then need to add the 20% vat on top , you will have been given the price with vat ... Then if you are paying in full my staff would have came to me to ask best price , I would have then given the 20% discount so you then got the ring with the 20% vat free , even though when we go to our till it adds the 20% vat on I then discount the sale by 20% . Or secondly if you can only pay 50% deposit (which is the absolute minimum ) you pay the full price !!! No 20% vat free ... you would then pay your balance within 8 weeks . Like I have said we rarely do Deposits , I authorised you to pay a deposit and STILL get Vat free , with an agreement to pay the balance within 4 weeks !!!

Citizens advice referred me to consumer line today whom suggested they cannot lay down terms and conditions after they take my money so if voucher didn't say full payment within a month to get 20percent off they cannot imply if after. I am assuming that when i rang to pay deposit or down payment that the girl assumed the girl i was dealing with in shop must had told me. still go no receipt only that the hand written quotations on business cards or company notebook.

Marchitiello

Based on your last post, I would get help to write a letter focusing on having had legal advice and that as the T&C where not included in the voucher or on the quotation, are not applicable to your deposit, and therefore you demand a full refund, otherwise under the same legal argument you will seek further compensation in court

fm32

I haven't stopped analysing this for the past few days. My dad is on business but not one that requires deposits etc however my boyfriend is. I work with him on shop when I can he sells kitchen appliances. So I askes myself if he ordered a cooker with a deposit paid what would happen - nothing to sort of this if customer changes mind he would sell it on it mite air for a while and he would never suggest taking money for transport credit would be given on some form.
I don't believe I was at fault - I did feel very intimidated by the calls and pressure and had a lot going on so did decide to let it sit on basis of losing discount and given a credit note. I think they thought I was sneaky with second voucher which kicked this all off and then she said she told me was no credit or ring!

CM66

fm32 wrote: »

I haven't stopped analysing this for the past few days. My dad is on business but not one that requires deposits etc however my boyfriend is. I work with him on shop when I can he sells kitchen appliances. So I askes myself if he ordered a cooker with a deposit paid what would happen - nothing to sort of this if customer changes mind he would sell it on it mite air for a while and he would never suggest taking money for transport credit would be given on some form.
I don't believe I was at fault - I did feel very intimidated by the calls and pressure and had a lot going on so did decide to let it sit on basis of losing discount and given a credit note. I think they thought I was sneaky with second voucher which kicked this all off and then she said she told me was no credit or ring!

Its a completely different situation, you said yourself that the shop order the rings to be made specially so its a bespoke / personalised item.

Lets look at it from the other side, why should the shop have to pay for a ring they ordered on your behalf simply because you changed your mind / couldn't make a decision / was ill (or any of the other excuses you used)

As i already said, the shop have told you that the only cost to them so far has been the freight, so ask them to return your deposit minus this cost.

Placitasgirl

I agree, the comparison to your business selling mass produced kitchen appliances is really irrelevant here.

What you did in effect by leaving the 50% deposit was give the shop the go ahead to source metal and diamonds for your ring and manufacture a bespoke/one off/special order product for you.

I do feel that the shop could be doing a little more to help; where is the ring now? As it was ordered and made specifically for your what is the likelihood of them selling it on to another customer? Ask them to provide you with a written quote to complete the purchase of the ring, minus monies already paid (deposit), less a sum for the cost of returning the ring and for their time and trouble and settle at that.

You get your chosen ring, they sell a ring made specifically for you and hopefully it's a win-win for everyone.

fm32

550 they have said and won't give a refund on rest.
I was under the impression I was holding the deal of 20 percent not the exact ring. I think I noted that in facts above and yes excuses I am avoiding I listed facts above.

phillw

fm32 wrote: »

I was under the impression I was holding the deal of 20 percent not the exact ring.

That argument would not do you any favours as you were trying to work round a time limit that you are not trying to say you didn't know about. It's not reasonable to expect that paying half will hold a time limited deal indefinitely. They chose to let you extend it twice because you phoned them with excuses and then you let it go.

Of course you should argue to get your money back minus the costs, which you should get proof of those costs from them. I don't think you can hold them to the discount and in any case I wouldn't recommend going through with a purchase with them as the relationship between you has broken down and you would only get the bare minimum service.

fm32

They said they returned the ring to supplier. The ring I never knew was ordered or instore it's a hard one as it's full of mis sundersransings both ends.
I asked at the time about discount they say people always buy rings with such and I asked would be any more before my wedding they said no and clearly have found out these deals are given out at all wedding shows.
I just feel confusion happened and I wasn't aware of conditions and feel I was bullied and still fell like such now. They said they held ring for three weeks and rang me every day - they didn't ring me every day - I have all details on my phone.

stuart30

I think it all really boils down to this..you said you placed an order for a ring whilst having swollen fingers due to being pregnant.

Well surely it would make more sense to arrange the purchase when fingers are at a normal size...?

Seems pretty obvious to me...maybe im missing something.

eskbanker

stuart30 wrote: »

maybe im missing something

Yes, apart from a bit of compassion you're missing a detailed discussion about contract law and what actions OP should take to get out of the situation rather than continuing to highlight how she got into it.

I think even OP accepts she's not entirely blameless here but that doesn't give the shop the right to ignore the laws of the land....