KRCS increasing price after order had been confirmed and paid for

Okell

@Kwisatz

what do the T&Cs say about

1 when a contract is formed, and

2 the trader's right to cancel?

3 does the purchaser have comparable rights to cancel?

Kwisatz

@Okell - I read though the T&Cs throughly and even stuck it through ChatGPT so I didn't miss it and it doesn't say anything specifically about points 1 and 2 but for 3 it states two relevant things:

1. Your credit/debit card will be charged at the time of order for all items, including in-stock goods, out-of-stock items, and custom-built Mac solutions (which cannot be cancelled with Apple once ordered).
2. Configured to order Macs do not benefit from the 'cooling-off' period or 'late delivery' policy because of their bespoke nature and cannot be cancelled or returned as a rule, but please get in touch if you would like to request a cancellation or return of a bespoke Mac build. In the rare circumstances that we can cancel an order, or arrange a return of a configured to order Mac item with Apple's factory, we may be able to apply an exception to this rule.

Does the first point mean the contract is formed when the order is with Apple?

Okell

Are these the T&Cs? Terms and Conditions

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82050162#Comment_82050162

If those are the Ts&Cs, then the part about cancellation of custom build would be this:

"Configured to order Macs do not benefit from the 'cooling-off’ period or ‘late delivery’ policy because of their bespoke nature and cannot be cancelled or returned as a rule, but please get in touch if you would like to request a cancellation or return of a bespoke Mac build. In the rare circumstances that we can cancel an order, or arrange a return of a configured to order Mac item with Apple’s factory, we may be able to apply an exception to this rule."

That sheds light on the OP's comment "The only relevant part of the T&Cs are that as this is a custom build it is not refundable order once paid. If they're holding me to that, surely I can hold them to it as well?"

It would quite possibly be the case that, with the cost change, Apple have communicated the price uplift (to KRCS) and KRCS have the option to uplift the cost to the customer, absorb the cost change, or cancel the order with Apple which would bring this into the "rare circumstances".

Okell

They look like crap T&Cs to me.

What are the "rare circumstances" where the seller can cancel the order? Shouldn't they be spelled out?

In the absence of any term in the T&Cs saying when a contract is formed, I'd argue that a contract has been formed when the consumer has paid and the seller has confirmed the order.

Where is the term saying the seller can cancel?

I'd argue there is a contract and if the seller can't fulfil the contract at the agreed price then they are in breach?

Why should the consumer agree either to pay more than the already agreed price or cancel the contract?

what gives the seller the authority to increase the price once a price has been agreed?

Seems to me this is the seller's problem not the OP's

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82050171#Comment_82050171

I agree the Ts&C's seem unclear. We don't know whether these are the ones applying.

"Why should the consumer agree either to pay more than the already agreed price or cancel the contract?"

Remember, the OP has a business contract.

LightFlare

there have been discussion before about “custom” computers built from a series of drop down menus

Most (I think) believe that under those circumstances, it is NOT classed as custom

user1977

https://forums.moneysavingexpert.com/discussion/comment/82050258#Comment_82050258

Does the business/consumer distinction have any relevance here? (assuming there are no additional terms elsewhere)

I think we're in the realms of "when is the contract formed" which apply equally to either. If the terms don't say e.g. "the contract is only formed when we tell you we've despatched your order" then I would say there's a contract and no terms which allow the supplier to cancel just because their costs have gone up.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82050282#Comment_82050282

Is that the issue though?

The OP doesn't want to cancel the contract, he wants his piece of kit at the same price the seller agreed to provide it at.

why isn't the seller in breach of contract by trying to increase the price?

Therr's nothing in the T&Cs allowing them to do so?

Okell

https://forums.moneysavingexpert.com/discussion/comment/82050455#Comment_82050455

That would be my view too.