Bike shop price increase after paying deposit

oknepop

Put a deposit on a bike a few months back for delivery in early 2022, to secure the model and size I wanted. Bike was 1650 euro. Have a price docket recording the price of the bike and deposit paid.

A while back before Xmas the shop called me to say that the bike is now 1899 as the manufacturer put prices up for 2022 deliveries.

Checked with the manufacturer, and the RRP has only gone up to 1700.

While I'm conscious that shops can charge whatever they want, other shops are listing this model for 1700.

I still want the bike, but not at almost 2 grand. Is there any solution to this?

At the end of the day, I assume the shop can refund me the deposit and tell me to jog on, and I can take my business elsewhere - disadvantage for me being that I'd have to wait a few months again for the bike I want to be delivered.

However I would've thought the purpose of a deposit is to secure goods for delivery at a certain time and at an agreed price?

TCPIP

You have a valid contract as denoted by the agreement made and provision of the deposit (consideration) so you can enforce that. The shop can either sell at the original price or try and return the deposit, in which case you can sue for specific performance of the contract. Most likely they'd try return it, you can then ask a solicitor to send a letter indicating your willingness to sue for this, they'll probably balk at the idea of having that happen and just sell the bike for the agreed price and whatever your solicitor charged.

Assuming the docket you have doesn't have any kind of qualifiers as to changes in MRSPs you should be good to peddle on.

Seth Brundle

Just checking, are there any extras with the bike shop price e.g. clip-in pedals (which normally wouldn't come as standard)?

Does the price docket mention that the final price might change?

standardg60

Yep as above if your docket says price, deposit paid and balance remaining they haven't a pedal to stand on, even more so if it says deposit is non-refundable.

If their supplier has reneged on a contract to supply the bike to them at a particular cost that is their problem and nothing to do with you.

oknepop

Thanks for the input. There are no extras with the bike at the 1650 quoted price (not even regular pedals mind you), and I got the quote off them for submission to my employer's cycle to work scheme admin. Nothing on the docket to say the price might change. Docket notes 1600 remaining balance. While it says nothing about the deposit being non refundable, their website does.

Good to know that the deposit and quote imply a contract, however I suppose the hard part would be enforcing it. While it sounds like I have a leg to stand on from a legal perspective, in practical terms I just want the bike when it's delivered to them and don't want the headache of having to use a solicitor, and I imagine the shop could drag this out too, even if they were to supply at the agreed price, or just say they can't get the bike in!

I'll talk to them first and see what they say, but it sounds like I can insist they deliver in line with the quote.

silver2020

Highly unlikely that the manufacturer changed prices for items already ordered, so shop likely to be trying it on.

Edit, should say "highly unlikely"

MEGA BRO WOLF 5000

Wow this is shady. Tbh if a shop tried this with me I'd be just insisting on my money back and order the bike straight from the manufacturer.

oknepop

To be honest I have no issue paying an extra 50 quid if the shop is being charged that extra increase in RRP by the manufacturer - I'm all for supporting local business and I've bought from this shop before, but I'm not sure where the extra 200 quid over the 1700 RRP is coming from, so I'm a bit put off and surprised by that. I know demand for bikes is high and there are lots of backlogs, but still.

Unfortunately I can't order from the manufacturer as they don't do direct to consumer, and I have to use the cycle to work scheme 3rd party admin's approved list of retailers to avail of the scheme in my job.

Seth Brundle

Just after re-reading your posts in the cycling forum on this - have you asked the bike shop why they are charging you €200 over the RRP and, if so, what did they say?

ED E

While I'm conscious that shops can charge whatever they want, other shops are listing this model for 1700.

Dont trust this. When the other shops last had stock will not indicate prices for bikes that may not land until June/July.

magicbastarder

https://www.boards.ie/discussion/comment/118445751#Comment_118445751

I would be curious if they know the OP is buying on the BTW scheme so may not have as much freedom as a cash buyer to change where they get it.

oknepop

https://www.boards.ie/discussion/comment/118445841#Comment_118445841

Fair point, though the 1700 on other sites is the new RRP, which implies that they updated the prices recently.

Yeah the shop does know I'm going through cycle to work.

I haven't spoken to them since the call, but will investigate further. Worst case, I stick with the bike I have which is only 5 years old and wait till next year to get something newer from another shop. Would be a shame if it fell through however.

Strumms

You agreed a price with the shop, the retailer.

whatever goes on between the retailer and the manufacturer isn’t your problem…

id request my money back.

standardg60

https://www.boards.ie/discussion/comment/118446134#Comment_118446134

Why? That's exactly what the retailer would be happy to do.

Stick to your guns OP, if any retailer had the audacity to contact me unilaterally changing a legal contract i'd be going out of my way to have their guts for garters. Threaten them with legal action and they'll soon back down, they will have have enough eejits willing to pay the extra to cover their costs to rule you out.

The fact you're on the BTW scheme is the precise reason why they are extravagating the extra cost, if people think they're getting a good deal to begin with they are less likely to question an increase

Dav010

https://www.boards.ie/discussion/comment/118446343#Comment_118446343

Do deposits have a legal standing? I have read on boards that the contract is not formed until the goods are dispatched/picked up by the buyer.

https://www.boards.ie/discussion/comment/118447965#Comment_118447965

I would imagine the contract is formed. A deposit from a customer and a written record of deposit paid and balance to be paid, sounds like a contract to me

magicbastarder

https://www.boards.ie/discussion/comment/118447965#Comment_118447965

"When you pay a deposit, you are entering into a contract with the trader. The contract can be made verbally or in writing. As parties to the contract, both you and the seller have certain legal rights and obligations. The terms of the contract are a matter between you and the trader."

https://www.citizensinformation.ie/en/consumer/shopping/deposits.html

Dav010

https://www.boards.ie/discussion/comment/118448135#Comment_118448135

I did read that and see now that the contract is formed with the payment of a deposit, but both CA and CCPC sites seem to indicate that the most the op can expect is the return of the deposit if the shop are unable to fulfil their part of the contract.

Personally I would just get my money back and take my business elsewhere. Why would you tie yourself up for months trying to force the shop through the courts to fulfil the order, only potentially to be told that the return of deposit is all you are entitled to?

magicbastarder

it doesn't sound like they're not able to fulfil their side of the contract - it's that they're unwilling to fulfil it at the agreed price. IANAL, so i don't know how significant the difference is. they've explicitly made clear to the OP that they are able to get the bike, from what i've read.

but yeah, i'd be torn between wanting to go after the shop for sharp practice vs. having bought a bike there and having a sour relationship with them after, in case of after sales issues.

Seth Brundle

Before any legal discussion, I think the OP should first talk to the shop about the large difference in price between the current MRRP and what the shop are planning on charging the OP.

It may be the case that the person in the shop misread the rrp or similar. They may also back down on it when challenged.

Dav010

I really don’t see what RRP has to do with anything. The shop is in no way bound by what the manufacturer recommends the item is sold for.

The solution to this would appear to be pretty simple, if the op knows it can be bought cheaper at another shop, get the deposit back and go buy the bike there.

This happens with cars all the time, it's a suck it up thing.

C3PO

https://www.boards.ie/discussion/comment/118449052#Comment_118449052

Yep - regular discussions in Motors about prices going up after deposit being paid. And this is with big main dealers so there must be a clause in the contract that allows for increased prices?

In USA car sales I've seen it called "throwing someone a low ball"

Good price to make people commit then "a problem, it was priced wrong"

Once committed people often pay. They have accepted it as now part of their lives

If i were op i would walk never support them again. Legally i would imagine it's a contract

I was in an electrical shop where a lady had bought x on the promise they would get her y. They were saying supplier can't get it not our fault.

Pretty mean and probably illegal

.

HerrKapitan

https://www.boards.ie/discussion/comment/118451109#Comment_118451109

It is happening with new build houses also. Any increases of materials during the construction period will be added on at the end.

These days, you are agreeing to buy something you don't know the exact price of.

Tech_Head

I’d avoid the legal route, especially when you’ll most likely want to stick with them for a while for warranty issues and potentially servicing.

I’d walk if they are trying to get you to pay more than agreed and charging over and above the actual price increase.

magicbastarder

https://www.boards.ie/discussion/comment/118453630#Comment_118453630

i suspect contracts for new house building have those clauses built in, the bike shop would appear not to have made the OP aware, or allowed for it in the paperwork, that the bike price could increase.

manonboard

OP. You are correct and they are screwing you over. You have a contract. The amount is not worth pursuing legally

From what i see the best course of action is:

1st, you fight your corner with the shop and tell them you are not ok with the price increase, that you have a contract and money has been exchanged. You expect them to fulfil their end of the agreement. The same as you cannot alter your money to be less than agreed contract. If they refuse, send them a letter yourself with the details, make the complaint in writing and threaten legal action within 7 days if they do not respond.

If they give in, you win, if they don't, get your deposit back and write them a nasty review detailing their bad practices. Give them 2 stars and make your review reasonable but highly unhappy with the bad tactics used.

Bad reviews hurt their business and they dont deserve customers with that tactic. Customers deserve to be treated fairly.

The Phantom Jipper

The juice obviously isn't worth the squeeze getting actual solicitors involved but could the threat and eventual use if necessary of the Small Claims Court be an option (€25 fee)? Might be a little petty but they're being fairly petty themselves trying to gouge an extra few hundred quid out of you.

Dav010

https://www.boards.ie/discussion/comment/118455993#Comment_118455993

If they return the deposit, the op is not at a loss.

silver2020

https://www.boards.ie/discussion/comment/118453630#Comment_118453630

Only if it is written into the contract. Rare for houses, but normal for commercial buildings.

Normal for most things to have a condition about taxes changing.