Seller not upholding price match promise and hiding behind contract

eskbanker

maxxpayne said:

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

They might mean that if you take a quote to them before committing that they'll do the job for the same price you've seen elsewhere - it doesn't necessarily mean that after committing, they'll reduce the price of what you already agreed to.

The latter would be a more typical interpretation of how such price promises operate, but they'd normally be accompanied by more detailed explanations, so in the absence of any meaningful offer terms, it's hard to be sure, although it's usually pointed out on here that legally any ambiguity should be determined in the way most favourable to the consumer....

outtatune

I'm not sure how we can provide any meaningful assistance if the OP won't name the company.

the_lunatic_is_in_my_head

maxxpayne said:

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.

I would just simply say the terms say the order is secure once the deposit is paid and as you haven't paid a deposit you aren't going ahead.

I'm sure they will object but enough to take you to court and argue over the terms? Doubtful, but not impossible. 

outtatune said:

I'm not sure how we can provide any meaningful assistance if the OP won't name the company.

OP says it's a local company so maybe fair in this instance not to wish to name them  

Grumpy_chap

I always thought the "price-match" promises were in the main marketing speak and had no real substance.  
I wonder where and how the contract was signed and if the OP therefore has any cooling off period.

born_again

Grumpy_chap said:

I always thought the "price-match" promises were in the main marketing speak and had no real substance.  
I wonder where and how the contract was signed and if the OP therefore has any cooling off period.

Also we have OP saying this was a in store purchase. Yet no mention of where the other retailer who was £1000 cheaper, were online or instore.

MyRealNameToo

Grumpy_chap said:

I always thought the "price-match" promises were in the main marketing speak and had no real substance.  
I wonder where and how the contract was signed and if the OP therefore has any cooling off period.

It depends on the small print, I'd argue those without small print are probably more likely to be just marketing spin than those with loads.  If you are making something bespoke or are relabelling goods as your own etc then no small print is needed as no one else sells your products. 

the_lunatic_is_in_my_head said:

maxxpayne said:

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.

I would just simply say the terms say the order is secure once the deposit is paid and as you haven't paid a deposit you aren't going ahead.

I'm sure they will object but enough to take you to court and argue over the terms? Doubtful, but not impossible. 

A poster has mentioned that this was not a distance / off premises contract, not gone back to validate that but assuming that is true there is no statutory right to cancel. 

Ultimately would have to see what the merchant says when the OP refuses to pay the deposit but its likely a modest "administration fee" would be seen as an acceptable charge given the signed contract/order form will have triggered additional actions (eg raising an invoice) as will the now chasing the deposit and dealing with the cancellation. 

There may be more argument over if they claim to have ordered the shutters but I think your reading of their statement that they'll order the shutters after the deposit is paid is too strong. To me it reads as commentary to get people to pay the deposit promptly and not a term implying the contract isnt bound until the deposit is paid. 

Ergates

Grumpy_chap said:

I always thought the "price-match" promises were in the main marketing speak and had no real substance.  
I wonder where and how the contract was signed and if the OP therefore has any cooling off period.

The prevalence of drop-shipping imports selling knock off goods at absurdly cheap prices means no company can afford to run a price match without a raft of caveats.

the_lunatic_is_in_my_head

MyRealNameToo said:To me it reads as commentary to get people to pay the deposit promptly and not a term implying the contract isnt bound until the deposit is paid. 

Correct but it's ambiguous, right? 

Exodi

MyRealNameToo said:

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. 

I don't want to name and shame specific companies, but I work as a sales director who supplies many high street retailers in the UK and I can confirm that this does happen (asking for a unique variant, however slight) and is actively requested by the retailers.

Despite that, based on what's been said, I don't think the price match guarantee is relevant in this case. 

I don't know if I'm dreaming, or if the OP has deleted a comment, but I swear they made a post effectively acknowledging that the products were very unlikely to be like for like?

I guess even if I did dream that, I think the chances of the same materials, fixings, finish, service, etc being exactly the same are close to zero. Price matches typically work best for commoditized items, like phones or TVs. I do accept it's a bit brazen to promote a price match guarantee in the knowledge it will be effectively impossible for it to ever be enforced.

Jumblebumble

Exodi said:

MyRealNameToo said:

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. 

I don't want to name and shame specific companies, but I work as a sales director who supplies many high street retailers in the UK and I can confirm that this does happen (asking for a unique variant, however slight) and is actively requested by the retailers.

Despite that, based on what's been said, I don't think the price match guarantee is relevant in this case. 

I don't know if I'm dreaming, or if the OP has deleted a comment, but I swear they made a post effectively acknowledging that the products were very unlikely to be like for like?

I guess even if I did dream that, I think the chances of the same materials, fixings, finish, service, etc being exactly the same are close to zero. Price matches typically work best for commoditized items, like phones or TVs. I do accept it's a bit brazen to promote a price match guarantee in the knowledge it will be effectively impossible for it to ever be enforced.

As I understand it a lot of Hotel groups play this trick as well
Offer to price match the often cheaper third party sites
Then give a slightly  different checkout time or cancelation term  to the third party bookings
Then decline price match