Store changed price after i placed the order and tranferd the money, do i have to pay the new higher price?

[PeterSchmitt]

Hi,

 

this is my first post on this forum, hi2u all

 

 

Searched the web but dont found an answer to my questions so i hope this forum can help me

 

 

 

i orderd some goods from an store in the uk, im from vienna, austria.

 

 

 

i placed an order order on an online shop, and recived this email:

 

--------------------------------------------------------------

 

Dear Customer,

 

Thank you for shopping with Gear4Music.com.

 

Your order has confirmation number: Wxxxxxx

 

Order details:

1 x Fostex PM0.5 Active Studio Monitors Pair

1 x M-Audio AXIOM 61 MIDI Keyboard

1 x Stereo Minijack - Mono Jack(x2) Cable,3m

 

 

Sub Total (exc. VAT):(EUR)355.38

Sub Total VAT:(EUR)53.31

Delivery (exc. VAT):(EUR)41.53

Delivery VAT:(EUR)6.23

Grand Total:(EUR)456.45

 

 

Invoice Name/Address:

xxxxxx 40 / 15

Vienna

1020

 

 

Delivery Name/Address:

xxxxx40 / 15

Vienna

1020

 

 

You have chosen to pay via bank transfer. Please use the following details for your payment:

 

Account Name: Red Submarine Limited

Sort code: 80-20-06

Account number: 39884001

IBAN: GB66 BOFS 1220 1039 8840 01

BIC: BOFSGB21EUL

Reference: W154461

Amount: (EUR)456.45

Your order is currently on hold - for updates, please login at [EDIT] and follow the 'Orders and Tracking' link

To view order progress please login at [EDIT]

Kind regards,

 

The Gear4music team.

 

PRIVACY STATEMENT

Gear4music is fully committed to respecting your privacy, and protecting any information you provide. We only use information you provide to process orders you place at our web site, notify you when important changes are made to our service, and occasionally, tell you about relevant products or services we are offering. We will not pass your details to third parties for marketing or research purposes.

 

------------------------------------------------------------------

 

than i transferd the money to the shops account, next i got an email from the shop stating that the delivery date has changed :

 

-----------------------------------------------------

 

Dear Customer,

 

We would like to inform you that the anticipated delivery date of your order Wxxxx is now 18/02/2009.

 

Please accept our apologies for the change to the previous anticipated delivery date. We do not expect the new delivery date to change again, but we will of course let you know if this becomes necessary. Gear4music is committed to keeping customers up to date on the progress of orders, so delivery can be as convenient as possible.

 

If you wish to change the delivery date stated above to a later date, please log into your account and click the change delivery date option.

 

We will also send you another message to confirm when the item has been dispatched from our warehouse.

 

Thank you again for ordering from us,

 

Kind regards,

 

Gear4music.

 

 

Don't know your account details?

If you don't have a password, please email: [EDIT] quoting the account number in the subject heading, and request a password.

If you have forgotten your account password, please copy and paste the following link into your browser, and enter the account code above and your email address into the web form. Your password will then be emailed to you.

[EDIT]

 

-----------------------------------------------------

 

after i logged in to my account at the shops webpage after 3 days had passed and the order status has not changed from "awaiting payment" i wrote the an email to the shop asking if the recived my money.

 

their answer was:

 

-----------------------------

Hi Peter

 

Thanks for your email

 

I've checked your account and we have received the transfer - thankyou.

We are just waiting to receive the monitors from our supplier and as

soon as we do your order will be dispatched. I hope this helps.

 

kind regards

 

 

Lewis Hutchinson

Gear4music.com

08713090800

 

Unit 2 Great North Way

York Business Park

York

YO26 6RB

 

-----------------------------------------------------------------

 

so until here everything went fine, but today i got an email from the shop stating they want to have more money, and im not sure if i have to pay it or if the shop is bound to deliver the goods to the price i ordered and tranfered.

 

here the email from the shop:

--------------------------------------Unfortunately I am writing to inform you that Fostex have recently increased their prices and failed to notify us. Therefore we will be unable to supply the monitors at the same price. The new price is £260 but if you are willing to pay another £35, we will be happy to provide them at this price for you.

Please let me know what you want to do as we need to contact the supplier quickly to secure the stock for your order.

 

Kind Regards,

Mike Langley

 

[EDIT]

Unit 2 Great North Way

York Business Park

York

YO26 6RB

Tel: +44 (0) 871 309 0800

Fax: +44 (0) 870 740 4788

 

[EDIT]

 

-----------

 

 

 

 

------------------------------------

 

i don't know the law in the uk, but as far as i know the shop shouldend be able to change the price after i transferd the requested amount of money for the goods.

 

 

so i would be glad if you people here can help me

 

 

sorry for my bad english, it has been a while since i used my english.

 

thanks in advance,

peter

Edited February 14, 2009 by Rooster-UK
Commercial website links and email addresses removed.

[Guest Old_andrew2018]

Hi

You will need to look at the companies terms and conditions, also you have some links within your thread to a commercial organisation

[PeterSchmitt]

Hi

You will need to look at the companies terms and conditions, also you have some links within your thread to a commercial organisation

 

 

Sorry for posting a link to a commercial organisation , wasnt aware of that.

 

I can find nothing about it in the Terms & Conditions from this shop.

 

here there are:

 

TERMS & CONDITIONS

 

PRIVACY STATEMENT

 

Gear4music is fully committed to respecting your privacy, and protecting any information you provide. We only use information you provide to process orders you may place at a Gear4music web site, notify you when important changes are made to our service, and occasionally tell you about relevant products or services we are offering. We will not pass your details to third parties for marketing or research purposes.

TERMS AND CONDITIONS

 

All orders for goods accepted by Gear4music Limited (the vendor) are accepted subject to the following conditions, which shall form part and govern the contract of sale. Delivery of this letter to the customer or acceptance of goods by the customer shall be deemed to be acceptance of these conditions of sale unless the customer notifies the vendor in writing within 7 days of receipt of this letter. Any term sought to be imposed by a customer either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions.

CANCELLATION OF ORDERS

 

The customer has a right to cancel an order for items purchased from the vendors website, by telephone or by fax. This does not apply to items personalised or made to a specific specification or configuration for the customer, including computer systems, studio packages, audio or video production suites or PA packages ordered specifically for a customer, and audio/video recordings and software that has been unsealed and/or registered with the manufacturer in the customer's name. Software may be registered by the vendor on behalf of the customer if this is deemed to be necessary by the vendor to ensure successful installation and configuration. Customer orders that include goods designed to work together as a unique package of the customers choice and require specific testing or setup by the vendor may not be cancelled without the specific agreement of the vendor, and will be subject to a cancellation fee.

CUSTOMER RETURNS:

 

Products may be returned for a full refund within 14 days of delivery providing they have not been used and are in as new condition. Standard delivery charges will be refunded and the vendor can also collect the goods from the customer free of charge for return requests made within 14 days. Delivery charge refunds and free collections exclude delivery upgrade options including timed and Saturday services.Refunds can not be made for items that have sustained damage whilst in the possession of the customer. If items are returned without the original boxes and packaging a re-stocking charge may be applied. Some items are excluded from the 14 day money back guarantee, including computer software that has been unsealed or registered, music computer systems built to a customer’s personal specification, in-ear monitors and headphones, and products purchased by the customer in store at the vendors premises in York. Bespoke music computer systems may only be returned to the vendor by prearrangement and with the vendor's agreement, and will be subject to a minimum 25% restocking charge providing the goods are in original stock condition. Please see below for further details.

DEFECTIVE GOODS WITHIN WARRANTY:

 

All products carry a 1 year warranty unless otherwise stated. If items become defective within six months of purchase then the vendor will arrange collection of the product, and arrange delivery of a replacement product back to the purchaser at the vendors cost. No replacement products issued will be older or in worse condition than original products returned by the purchaser. Defective products will be replaced or repaired within a reasonable timescale (maximum 30 days). Products may not be returned to the Vendor for refund later than 14 days from delivery unless the goods are defective and the vendor is unable to comply with its warranty obligations.

GOODS DAMAGED IN TRANSIT

 

Any goods received by the customer that have suffered damage in transit must be reported to the vendor within seven days of receiving the goods. The vendor will collect damaged goods from the customer and deliver replacement goods as quickly as possible at its own expense. The vendor will not accept any responsibility for goods damaged in transit if the customer reports the damage more than one week after receiving the goods.

TERMS OF PAYMENT

 

Orders placed using Credit or Debit cards will not be debited until the item is dispatched, except for complete computer systems or packages configured to customer requirements, in which case credit/debit cards will be debited immediately after an order is placed. The vendor reserves the right not to accept payment by credit or debit card. Cheques must be cleared before delivery of goods, which takes 7-10 days, therefore direct bank transfer is recommended when payment by card is not possible. The vendor only accepts purchase orders on 30 day credit terms from recognised educational establishments and government departments. Goods remain the property of the vendor until paid for in full and the vendor reserves the right not to dispatch goods until cleared funds have been received.

The vendor reserves the right to part ship orders. The vendor will use its best endeavours to comply with the date named for delivery, but this date is provided as an estimate only and is not to be the essence of the contract.

LIABILITY

 

The Vendor is not liable for loss of business or income due to shipment delays under any circumstances. Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the specification or description provided as the case may be, the vendor is not responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the vendor.

 

 

so anybody can recommend me what i should do ?

 

 

thanks in advance,

Peter

[gyzmo]

I can only infer from the terms, though it does not specify it, that they are only confirming the contract on despatch of goods. If that is the case, then they can vary the terms so long as you agree (which you do not have to). It may be a legitimate reason, but if you do feel miffed, I suspect shopping elsewhere may be the better option.