Can company selling goods (bottled water) via regular delivery increase prices w/out giving notice?

The_Bookman

I have a water cooler rented from a company. The company delivers bottled water refills to me every 2 weeks. I do not have to order it; the delivery man turns up regardless and swaps any empties for full ones. I receive an invoice every month. I am a private, retail consumer, i.e. not a business customer. I do not have a contract with this specific company - the company I did have a contract with, going back many years, were bought out by this company. It is very unlikely that I can put my hands on the original contract.

This month I have noticed that the price per bottle has increased by 6.92%. Consequently, I have been invoiced for water I have already consumed, at a higher price than I believed I was paying for it. As far as I can establish, I have received no prior notification of this price increase. My question is, hopefully, simple - is this legal?
You may correctly infer that 6.92% on the price of an 18 litre bottle is not a massive amount of money, but what if the increase had been 692%?

It appears that Consumer Contracts Regulations do not apply to "everyday food and drink delivered by a regular "roundsperson" like a milkman" but apparently do apply to home deliveries by supermarkets, so I'm confused. I would just like to know if the company has broken any laws, and if so which laws and how/why.

Thanks in advance.

the_lunatic_is_in_my_head

There are lots of rights available to consumers but enforcing them is the difficult part.

Have you spoken to the company to ask why you wasn't notified? 

With this kind of product they likely deal with businesses so may have terms that don't fit the odd consumer on their books, not that this is acceptable but assuming you wish to continuing using their services getting them on board with telling you in advance of price increases and maybe asking for a goodwill refund on any water delivered at the higher price without notification of the increase would be the best path.  

It's more of a flies with honey type of thing rather than going at them with rights IMHO. 

Maniak

The onus will be on the company to prove that you agreed contractually to a price increase, so if you feel like challenging it then go ahead and see what they say. If they can't produce a contract signed by you then they are going to have some difficulties in enforcing the price. They could of course give you reasonable notice to terminate the contract if you refused to agree to the new pricing.

soolin

When you say you are a private retail consumer what do you mean exactly? Is this in your house as a consumer, or at some retail place or outlet, however small. 

JJ_Egan

Signing does not have to be pen and ink .

Neither do they need an actual contract /

OP look at the offer and its terms you signed up to .

The_Bookman

soolin said:

When you say you are a private retail consumer what do you mean exactly? Is this in your house as a consumer, or at some retail place or outlet, however small. 

I mean in my house, as a consumer. Not a business. Just me. Thanks.

eddddy

As a starting point, you could ask the company the basis on which they believe you agreed to the price increase.

Then, presumably, they'll tell you which clause in the contract they are relying on, and/or details of any email / letter / invoice insert etc, that they think they've sent you about the price increase.

(You mention that you originally contracted with a different company, which was bought by this company. Your original contract continues to be legally binding and the terms of your contract will remain unchanged - unless both parties agreed to change the terms at some point.)

GS..

You have a verbal understanding for then to merchandise your cooler but no actual contact to affirm any terms. So you have nothing. It's delivered on month to month. You now KNOW the price, and not being satisfied you have of course cancelled further deliveries.
You seem to be arguing over maybe £5? 
I would just pay them.