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Seller not upholding price match promise and hiding behind contract

2

Comments

  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    What do the terms of the price match offer state?
    Just a single line stating "we match like for like quotes".
  • CliveOfIndia
    CliveOfIndia Posts: 2,618 Forumite
    1,000 Posts Second Anniversary Name Dropper
    maxxpayne said:
    What do the terms of the price match offer state?
    Just a single line stating "we match like for like quotes".
    Can you provide a link to the website in question?  It would be unusual for such a claim not to be backed up by some more detailed T&Cs.
    But that aside, it's entirely possible that the second price you were given isn't "like for like".

  • MyRealNameToo
    MyRealNameToo Posts: 1,816 Forumite
    1,000 Posts Name Dropper
    Okell 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.
    The problem is that they have rejected the price match claim stating the other vendor isnt quoting for the same. 

    Price Matching can be a very cheap promise when you arent selling recognisable products. Even if you are and you are big enough you can game it. One of the big bedding companies used to have a price match promise and were selling products from the likes of Silent Night so you may feel safe etc however the models they sold had unique reference numbers so you could never find another shop selling a TX-SM121AM by Silent Night.. it may look and be described very similarly to a  STUDIO MEMORY HYBRID 1000 but its not the same SKU so not the same product so not a price match. Even Silent Night would tell you they arent the same product but wouldnt tell you the difference other than the former is exclusively to that particular bed shop. 

    As mentioned I am also not in agreement that all shutters are the same and so its very possible the two firms have quoted for a different product even if broadly similar... not going to speculate if one is better than the other nor which way round it is. 
  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Okell said:
    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.
    Hello,

    > What do the terms of their price match promise actually say?
    Just a line stating: "We price match like for like quotations".

    > What legal liability does signing their "quote" impose on you?
    As I posted in my original post. 

    "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 70% deposit."

    > Who is the trader?
    A local company. There are no T&C on their website.


  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    sheramber said:
    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?
    "We price match like for like quotations". That's all.
  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    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.


    Yes made to measure. However my understanding is that they will not start the process until a deposit is paid as I posted. So yes, that's my interoperation too, since I have no paid anything, the email from them stating "I will remind you also that you have signed a contract with us and we have started the order process on our side.
    " is nothing but strong arming on their side.
  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Exodi said:
    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.
    I have not paid any deposit so far. 
    The only wording around price match is: "We price match like for like quotations" and when I raised the possibility of going with another vendor, they wrote: "I will remind you also that you have signed a contract with us and we have started the order process on our side."
  • Okell
    Okell Posts: 3,006 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Okell 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.
    The problem is that they have rejected the price match claim stating the other vendor isnt quoting for the same...
    Which is why my first question to the OP was what are the terms of the promise.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,539 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 8 October at 1:55PM
    maxxpayne 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.


    Yes made to measure. However my understanding is that they will not start the process until a deposit is paid as I posted. 
    The cancellation right (or lack of) is inherent in the contract so them not having done anything doesn't give a right to cancel however OP it would be interesting to see the full terms, Section 69 of the Consumer Rights Act says:

    https://www.legislation.gov.uk/ukpga/2015/15/section/69

    Contract terms that may have different meanings
    (1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

    The term you quoted:

    "A 30% deposit secures the order and balance is due prior to installation." could be taken to mean you are not bound by the contract until you've paid the deposit but the full terms would clarify whether the context can viewed differently as a whole. 

    Given you haven't paid they'd have to take you to court to force any kind of payment, subject to the rest of the terms not clarifying the above, that term and Section 69 would be the card I'd play to get out of it. 
    In the game of chess you can never let your adversary see your pieces
  • maxxpayne
    maxxpayne Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    maxxpayne 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.


    Yes made to measure. However my understanding is that they will not start the process until a deposit is paid as I posted. 
    The cancellation right (or lack of) is inherent in the contract so them not having done anything doesn't give a right to cancel however OP it would be interesting to see the full terms, Section 69 of the Consumer Rights Act says:

    https://www.legislation.gov.uk/ukpga/2015/15/section/69

    Contract terms that may have different meanings
    (1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

    The term you quoted:

    "A 30% deposit secures the order and balance is due prior to installation." could be taken to mean you are not bound by the contract until you've paid the deposit but the full terms would clarify whether the context can viewed differently as a whole. 

    Given you haven't paid they'd have to take you to court to force any kind of payment, subject to the rest of the terms not clarifying the above, that term and Section 69 would be the card I'd play to get out of it. 
    Thanks.
    Apart from the invoice which was sent to me that had the text I posted, there was nothing. The quote was sent to me over email with the following text:

    "Attached is the quotation.

    If you are ready to proceed then either print/sign/scan back to us or click to sign online.

    Once accepted we can send over an invoice for the 50% deposit."

    That's it. Nothing else.
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