Price increased after I have paid!

  Eagie 23:55 17 Mar 2003

I have been attempting to buy a Sapphire 9500pro Graphics card for some time now and a month ago place an order with come-click-buy. As they were unable to accept credit cards at the time I paid via paypal which meant that they received my payment immediately. It wasn't until afterwards that they informed me that the product was not in stock.

A month has passed and I have just received the following e-mail:

The 9500 128MB Pro is in stock Tomorrow but because of a mixture of price increase from sapphire and a bad dollar rate the price has increased, we are extremely sorry about this and if there was anything we could do to sell at the same price we would do, but unfortunately there’s not. The price may come back down when they are readily available but they will be very rare for a while yet

To say I am ticked off is an understatement. Surely I have an agreement with come-click-buy has they have already accepted my payment and therefore should honour the original price.

Does anyone know where I stand on this - will I just have to pay the extra and put it down to experience or should I fight my corner?



  Cordy13 00:17 18 Mar 2003

I am neither a lawyer nor an expert in consumer rights, but if you got a confirmation that they accepted your offer to buy then you probably will have a case. No doubt others will have a better knowledge of contract law.

  spuds 00:18 18 Mar 2003

You do not mention how much the price increase was, and whether the increase would be significant to warrant,perhaps a lot of hassle and further expenditure.Looking at it in a logical view, they made you an offer, which you excepted by giving them a payment.A contract had then been formed between you and them.And they should honour this contract, which I would suggest that you write to them stating this fact.I would also send a letter to PayPal covering your complaint, and holding them just as liable.But before doing so,did they send you a letter or email of confirmation at the time of sale,and if so, were there any special terms and conditions.I would also suggest that you contact your local trading standards,where they would be able to give you the correct advice in solving your problem.

  davidg_richmond 00:49 18 Mar 2003

Did you have the goods specifically ordered for you? ie not a normal stock item or one that is ordered on request) If not you should be able to cancel within seven working days as described below (click here).

Your right to cancel, or the 'Cooling Off' period
The Distance Selling Regulations give you the right to change your mind and cancel an order within seven working days. If you do decide to cancel, then you should put this in writing, either by letter (a proof of postage certificate or even recorded delivery would be wise) or you can fax or e-mail. A telephone call is not sufficient unless both you and the trader agree otherwise. The time limits are:

For goods - seven working days after the day on which the goods are received

Right, the first thing to do is to look at any and all small print that you can find about price increases. It may shed some light on the subject.

Second point is that Paypal do not pay "immediately" - there is still a transfer period of about four days before the money hits their account. However, Paypal will have emailed the company to tell them its there. If the company are happy to accept payment like this then there is not problems at all.

The next stage is that yes, you PROBABLY have a valid contract fo the graphics card at the original price and failure to sell to you at this price is a breach. However, you must check the small print as to when the contract is deemed to be concluded etc as many companies have methods by which they try to avoid this happening. I.e "Thank you for your request to purchase etc....." This ensures that they are able to refuse your "Offer to purchase" and it is still deemed to be an invitation to treat which is unenforceable.

If there is no small print then you seem to have a valid contract. and they have to supply to you at that price. Write and tell them so!

  Spook Tooth 06:32 18 Mar 2003

click here

Site's down presently - I advise, like Smiffy, to read through the small print and look for clause as to ordering 'when out of stock' and the policy relating to 'when new stock arrives and if there has been a price rise/fall'.

I thoroughly understand having waited for a month, that it does seem this company could have chosen to implement a goodwill gesture and supplied product at the original price, that is if it wasn't unreasonable for them to do so (ie, if it hadn't skyrocketed).

Mind you, can't have gone up all that much and it would have been more courteous to have informed yourself of the expectet wait and given you opportunity to cancel there and then, before accepting payment.

  Eagie 08:36 18 Mar 2003

To answer a couple of questions above - the price hasn't gone up that much (around £15 or so - but then they does work out to around 10%) and I don't think I would have been so concerned if I hadn't paid in advance through paypal. I would have just cancelled or at least looked around at the options. It wasn't ordered specially for me - it was one of 3 featured cards on their graphic cards index page (though they gave no indication of stock levels).

I e-mailed the company immediately to complain about the increase and to their credit they have responded very promptly.

Whilst they say that it is part of their terms and conditions that they can increase the charge, and that they haven't accessed the paypal account to take the money (although it has gone from my account), they have agreed to honour the price - even though it means that they will make little profit in the deal. It does mean that I will consider using them again though.

The moral is never order anything out of stock - check first!

Thank you all for your replies.

  Eagie 08:52 18 Mar 2003

As they've honoured the deal and have kept me up-to-date about goings on (and in fairness it is not their fault that the 9500pro is so hard to come by) I guess I should really add a link so you can all go to them and buy a card for yourself!

click here



  Spook Tooth 09:35 18 Mar 2003

That's a result then. Hope you enjoy the card!

Well done and pleased to hear that the company have honoured the bargain!

  anchor 15:21 18 Mar 2003

I am very pleased that you have been able to buy your card at the agreed price. If you look here

click here

you will see how the value of the dollar against the £ has changed during 2003.

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