12/1/09 Emailed the shop to enquire how much it would be to upgrade the wheels on a bike I was looking to buy for tmy brother. Shop replied the same day- no extra charge! Also asked how long for build- they said about ten days.

14/1/09 Placed said order online, and added wheel upgrade along with the order comments.

26/1/09 Twelve days after order, brother phones the shop to see when it was getting delivered. Shop says it’ll be posted on the 28th (yesterday)

28/1/09 I email the shop to see whats happening re. delivery (as I hadn’t spoken to my brother so didn’t know he’d phoned them). Receive two emails back- one saying another few days for delivery, the other saying wheel upgrade is not free!

So, not happy. They quoted me on the wheel upgrade and it took them a fortnight after taking the money and receiving the order to tell me it was a mistake.

Brother is also not happy that the delivery time has been dragged out- I can understand delays happen but the shop have provided innacurate timescales several times now.

What should I do (when I phone them) as I want to be reasonable with them and give them a chance to resolve things, but I don’t know where I stand.

What did your order confirmation say?

If they have accepted the order and taken your money for it then surely the contract has been formed and accepted.
I can’t see how they can come back and ask for more money.
How much are you talking ?

Anything in writing about the price? How much difference?. If you paid for a product you should receive it without further price increases

Bike was £480 delivered. Wheel upgrade now £30.

Order was confirmed by automated email, with my comment re. wheel upgrade on it.

Wheel upgrade cost = nothing quote was received by email, and still have said email.

If you have ordered and paid, then surely that’s a done deal. If it’s only a quote then that can change. Though I stand to be corrected.

Pi$$ poor on their behalf not knowing their costs, and even poorer not swallowing the costs. Not a good time to be a muppet in business.

If they had informed me of the mistake within a few days of ordering, it wouldn’t have been so much of an issue. Brother is getting itchy feet waiting for the bike, so this doesn’t help matters!

Its odd that the upgrade was free, upgrades generally cost the shop something, and they would want to cover these extra costs. It sounds like someone at the shop got confused, got it wrong.

I would suggest that a 50:50 outcome would please everyone, or maybe they should do the upgrade at cost price: you get what you want, the shop does not lose out financially.

IIRC a quote is a fixed price and if you make a agrement on it then it is fixed was as an estimate is just that.

My understanding is that a quote is an agreed price for specified goods and will normally be limited to a given timescale.

An estimate gives an idea of likely cost, which may change.

In retail outlets, an item can be withdrawn from sale by the business, so they are not legally obliged to sell if they have priced something wrong.

Once an item has been paid for, the contract is complete and the goods must be supplied.

When you placed the order did you have to tick the box with ‘i agree to your terms and conditions’

If so you’ll need to look at those, as they will be whats binding your contract.

ask for all you money back under the distance selling act TJ you missed a a rant there
Would ask for them to absorb the cost as good will gesture threatening above …if a great baragin and you want it offer a tenner for their trouble. They would surely need to sell it discounted iof you dont buy it?

Junkyard, its a standard bike apart from the wheels so I’d imagine they’d just keep it as stock, and swap the wheels out (if they are built yet!)

Seems like they’re obliged to sell at the original cost, and are being cheeky buggers by adding on the £30. Just tell them, original price, or nowt. They’ll soon change their tune.

Email sent;

Hi,

I am writing to complain about the recent service I have received, as
I have previously had excellent service from your company and have
recommended you to many other cyclists, I would like to give you the
chance to explain and resolve the matter.

On the 12/1/09 I emailed the shop to enquire how much it would be to
upgrade the wheels on a bike (model here)
I was looking to buy for my brother. (Staff member name) replied the same day via
email- no extra charge! Also asked how long for build time (over the
phone)- was advised about ten days.

14/1/09 Placed said order online, and added wheel upgrade along with
the order comments.

26/1/09 Twelve days after order, my brother phoned to enquire about
delivery time (as it was now twelve days after ordering). He was
advised that it would be posted on the 28th.

28/1/09 I emailed the shop to see whats happening re. delivery (as I
hadn’t at that point spoken to my brother so didn’t know he’d phoned
them). Received two emails back from yourselves- one saying another
few days for delivery, the other saying wheel upgrade is not free (as
quoted before)

So, I am not happy. As far as I am concerned a member of your staff
wrongly advertised a price to me on the wheel upgrade- so the bike was
ordered upon this information and my previous good dealings with your
company. However, it took a fortnight (already longer than the
original delivery estimate) after taking the money and receiving the
order to contact me and tell me it was a mistake.

Brother is also not happy that the delivery time has been dragged out-
I can understand delays happen but the shop have provided inaccurate
timescales several times now.

As far as I am concerned when I placed the order, agreeing to your
terms I entered a legal contract to purchase the bike and advertised
wheel upgrade. If I had been notified of the mistake within a few
days, I could have understood better but after fourteen days waiting
for delivery I believe that your company should take responsibility of
their staff members mistake.

My brother is still keen to receive the bike that has been paid for
(and was hoping to have for this weekend, as he has a trip away), but
he is also prepared to walk away from the sale as this first purchase
for him from your company has left him with a sour opinion of the
service provided, and he is concerned that any future problems with
the bike should they arise would not be dealt with in an appropriate
manner.

I would appreciate it if you could get back to me via email on this
matter. I am also sure my brother would appreciate a phone call
regarding this as he is less than pleased! His number is xxxxxxx.

Thankyou,

do you ever want or need to deal with them again? If so, and assuming it’s an upgrade you really want, then haggle / offer cost price rather than being the barrack room lawyer over it. They’re a business facing hard times and someone may have just screwed up.

If they’ve already pissed on their chips over this, then stuff them as above.

name and shame you know you want to and we want to know

My understanding is also that if you have paid then that is a binding contract, and they are obliged to provide you what was agreed at the agreed price.

I am not going to name and shame them before they have a chance to resolve the issue.

If they have your money then it could be difficult to back out but I’d insist out of principle though would see if they could come up with a compromise – maybe freebies or discount on something you might want.

Update- Shop have phoned my brother, but not replied to my email. Brother got fed up waiting so paid the extra.

Will reserve judgement till the bike arrives..

name and shame now surely is it resolved to your satisfaction?

I’m guessing Merlin?