Company changing prices from flyer prices

[localzuk]

We had a flyer from CPC in Nov (one of their bulk bargains catalogues) which advertised an item at a certain price. We placed an order, the items arrived and the invoice arrived too.

 

Now, the price of that item has increased on the invoice. On querying it, they say 'because of the change in price of the value against the dollar, we've had to put up prices'. On the catalogue, there is an 'offer ends' date. And in the small print, here is a bunch about prices being correct at time of print, valid for dates indicated, and they are subject to change.

 

Now, I always thought that distance trading laws didn't allow companies to randomly change prices between advertised pricing and invoiced prices, regardless of small print.

 

Can anyone advise?

[contink]

I'm no lawyer but I'd imagine that if you didn't request a formal quote in advance of the order then you've not got much of a stand apart from to appeal to their nicer side. I'm reasonably sure that because it's essentially a business to business transaction you have less protection compared to Joe public.

 

Given that the dollar has quite literally rocketed against the pound it's hardly surprising that it's happened but they may be willing to meet you half way if you push.. Personally I'd take this as a lesson learned and ensure you get a quote in advance next time.

[bertster]

The consumer has a cooling-off period of seven working days.

 

If the price difference is significant and you can get it cheaper elsewhere then send it back.

[RabbieBurns]

distance selling laws dont apply to business purchases I dont think ?

[PeterW]

The problem is he is not buying as a consumer, its a b2b transaction. Was the order placed by fax at the price from the flyer? If so it was bad form for them not to notify you of the price increase before processing your order.

[enjay]

The consumer has a cooling-off period of seven working days.

 

But he's not a consumer - he's a business customer, so the Distance Selling Regulations don't apply.

 

Since you have a flyer from them on which it states that prices are subject to change without notification, I would say you're stuck. If you had asked for a quote before purchase, this would (I think) have to be honoured for a stated period, even if prices went up in that time.

 

How much of a price difference are we talking here?

[localzuk]

How much of a price difference are we talking here?

 

From £1.58 to £1.98 each. So as a percentage, quite a lot. But it's not really the actual value i'm thinking about, it could be a 2p change for all I care, it's the principal and the act of randomly changing prices.

[PeterW]

How was the order placed?

[localzuk]

How was the order placed?

 

Purchase Order by Fax.

[duncane]

If you wrote the price on the order, then you're in affect saying, I want to buy at this price. If they proceed with the order, then they're accepting your terms, otherwise they should get back in touch to clarify.

 

If this weren't the case, what limitations would there be? Afterall, this is a 33% (approximately) price increase, what if it was 50%, 100% or more?

 

So yes, you have the right to be annoyed. I'd send them back, and insist that there isn't any form of restocking fee. With luck, they might honour the original price that they effectively accepted.

Edited December 16, 2008 by duncane
I can't calculate percentages when I'm ill :-)

[PeterW]

Purchase Order by Fax.

 

To me they really should be contacting you before processing the order to confirm if you still want them at the new price.

[Martin]

Purchase Order by Fax.

 

Did you include the original price on the PO?

 

mb

[localzuk]

Did you include the original price on the PO?

 

Yup...

[enjay]

From everything you've said, I think you're right to be aggrieved by the price increase, but it is only 50p so resolving it will cost you more. Depends how much you want to object to the principle of it...

[pooley]

Make a big effort to have your details removed from the company you used, stating you will no longer be using them as they don't honour their prices and see what happens. I always find that these companies only respond if they think they will lose out financially.

[Martin]

Well according to [ame=http://en.wikipedia.org/wiki/Purchase_order]Wikipedia[/ame] "Acceptance of a PO by a seller usually forms a once-off contract between the buyer and seller" so i would give them a call and insist on only paying the agreed (original) price.

 

mb

[sidewinder]

They really, really should have advised you about the price increase. Them just going ahead with it would quickly make me doubt the company's morals, even if it is legal.

 

However, seeing it from their perspective, why should they lose profit or perhaps even make a loss when their costs go up by honouring prices? You can see exactly why they put that small print in and exactly why there is no law against them changing prices. Even more so in this day and age when the price of raw materials rapidly fluctuates.

 

Imagine if you had a business and the price of producing/buying in one of your products changed dramatically (through no fault of your own). Someone places an order from a flyer and you're legally obliged to honour that price. You would be screwed, and less than happy.

 

In this case I would just be annoyed about them not informing you. I would expect most decent companies to at the least inform you, and at most to meet you in the middle or shave a bit off since you expected to be paying another price, and them losing a bit of profit and keep a customer is much better than keep the profit and lose the customer.