Seller not upholding price match promise and hiding behind contract

maxxpayne

Hi There,
I recently had a quote for some blinds and signed the quote that was sent to me online. These were the wording of the online quote that I was sent:

A 30% deposit secures the order and balance is due prior to installation. Pricing includes fitting and VAT. 

I agree the above details are correct and consent to proceeding with the work and will pay a 50% deposit.

However, right after signing, on advise from a friend, I reached out to another supplier who then quoted more than a grand less than the original vendor. 

After some research, I found out that all plantation shutters are made in a handful of factories in China and companies are simply middlemen. The old quote and new are the same spec. 

When I reached out to the original vendor they started making up excuses stating that my new quote isn't like for like and they can't price match, even it is to me. They also reminded me that I've signed a contract, clearly to intimidate me.

My question is, what leverage do the original vendors have? Yes I signed the quote however its fairly vague, for example it doesn't set a deadline, provide any escape clause or cooling off period and surely can't be enforced? 

CliveOfIndia

What do the terms of the price match offer state?

Clive_Woody

Have you paid the deposit?

Okell

You haven't given enough info:

eg

What do the terms of their price match promise actually say?

What legal liability does signing their "quote" impose on you?

Who is the trader?  (We need to see their T&Cs)


You might be able to argue that the terms of the price match promise have been incorporated into the contract and that the seller is bound by them under the Consumer Rights Act 2015.  

Or you might not be able to do that.

the_lunatic_is_in_my_head

I assume these are made to measure OP? That would mean they are made to your specifications so no right to cancel were it a distance or off premises contract.

If you breach the contract they can claim costs or loss of profit. 

I would have thought acceptance would need to occur by the company selling the blinds but the term above would appear to imply you aren’t locked in until you’ve paid the deposit.

Okell

the_lunatic_is_in_my_head said:

I assume these are made to measure OP? That would mean they are made to your specifications so no right to cancel were it a distance or off premises contract.

If you breach the contract they can claim costs or loss of profit. 

I would have thought acceptance would need to occur by the company selling the blinds but the term above would appear to imply you aren’t locked in until you’ve paid the deposit.

Could the price match promise - whatever it says - be incorporated into the contract under s11(4) of the CRA as being information about "the total price"?  Or is that too much of a stretch?

Also misrepresentation?

MyRealNameToo

maxxpayne said:

Hi There,
I recently had a quote for some blinds and signed the quote that was sent to me online. These were the wording of the online quote that I was sent:

A 30% deposit secures the order and balance is due prior to installation. Pricing includes fitting and VAT. 

I agree the above details are correct and consent to proceeding with the work and will pay a 50% deposit.

However, right after signing, on advise from a friend, I reached out to another supplier who then quoted more than a grand less than the original vendor. 

After some research, I found out that all plantation shutters are made in a handful of factories in China and companies are simply middlemen. The old quote and new are the same spec. 

When I reached out to the original vendor they started making up excuses stating that my new quote isn't like for like and they can't price match, even it is to me. They also reminded me that I've signed a contract, clearly to intimidate me.

My question is, what leverage do the original vendors have? Yes I signed the quote however it's fairly vague, for example it doesn't set a deadline, provide any escape clause or cooling off period and surely can't be enforced? 

I doubt its only a handful of factories in china are making shutters, maybe a handful of factories in china make the majority of plastic (aka faux wood) ones but even that won't be exclusive. 

Secondly, just because "it's the same factory" doesnt mean it's the same product. Many factories do white label services (ie they make it but put your brand on the label) but it doesnt mean all are the same quality. A friend has a knitwear factory that produces for a range of companies and yes all get a knitted navy jumper but at the bottom end of the market its woven flat with cheap wool blend then cut to a pattern and sewn together. At the top end of the market it's woven into the garment using high quality cashmere. Both come out his factory, totally different products, quality and price - it would be naïve to say they are the same because they are both navy jumpers from the same factory. 

These are presumably bespoke to your window sizes and so you wouldnt have a statutory right to cancel the contract. You can break the contract but if there are no cancellation clauses in the contract you would be liable to pay their costs to date 

Once you sign a contract, stop shopping around. 

Okell

MyRealNameToo said:

maxxpayne said:

Hi There,
I recently had a quote for some blinds and signed the quote that was sent to me online. These were the wording of the online quote that I was sent:

A 30% deposit secures the order and balance is due prior to installation. Pricing includes fitting and VAT. 

I agree the above details are correct and consent to proceeding with the work and will pay a 50% deposit.

However, right after signing, on advise from a friend, I reached out to another supplier who then quoted more than a grand less than the original vendor. 

After some research, I found out that all plantation shutters are made in a handful of factories in China and companies are simply middlemen. The old quote and new are the same spec. 

When I reached out to the original vendor they started making up excuses stating that my new quote isn't like for like and they can't price match, even it is to me. They also reminded me that I've signed a contract, clearly to intimidate me.

My question is, what leverage do the original vendors have? Yes I signed the quote however it's fairly vague, for example it doesn't set a deadline, provide any escape clause or cooling off period and surely can't be enforced? 

... Once you sign a contract, stop shopping around. 

Normally I would agree with that and in fact it was my first thought here.  "If you didn't like the quote why sign up to it?"

However, if there is a price match "promise" (whose terms we don't know) it's not unreasonable to consider that the OP entered into the contract (if there is one) based on the terms of that promise.  In which case:

1. shopping around after the fact might make a lot of sense - depending on the terms of the promise, and 

2.  the trader should be held to it - depending on the terms of the promise.

I also wonder if the promise becomes incorporated into the contract under s11(4) of the CRA as "information" given about the total price?

The point of all the above being that the seller is bound to honour the price promise as part of the contract.

Exodi

maxxpayne said:
they started making up excuses stating that my new quote isn't like for like and they can't price match

This could be interpreted two ways, either:

The merchant is refusing to price match on the grounds the goods aren't like for like.

Or

The 'excuses' the OP claims the merchant is making are separately the other quote isn't like for like (and even if it was), they can't price match.

On my initial read, I interpreted it as the latter, but I see others interpret it as the former, so I may be wrong.

I guess the first point would be clarifying whether the merchant actually offers a price match and, if so, what the terms of it are.

The language throughout is very loaded - how is pointing out you have a signed contract 'clearly to intimidate me'? If they had informed you that they'd under-quoted and the price needs to go up several hundred pounds, I suspect you'd be all to happy to pull out this contract - not for intimidation, but just because that's the entire purpose of a contract, to ensure people fulfill their agreed obligations.

I guess the main question is have you paid the deposit?

Other important things I'd be curious are whether the goods are genuinely and objectively like for like. Not just 'white shutters' but the same materials, fixings, finish, service, etc.

sheramber

consent to proceeding with the work

If you agree to the work starting immediately, there is no cooling off period or 'escape clause' as you say.

what does the price promise say. the actual words and conditions matter?

maxxpayne

Clive_Woody said:

Have you paid the deposit?

No I have not.