Where do I stand legally with In-Focus? Thoughts? (1 Viewer)

[wolfbirder]

As I posted on Saturday, I purchased a pair of Swarovski EL 10x42 Field Pro's from Rutland Water RSPB In-Focus shop for £1230, which he told me was a great deal as it was 20% off. I have a hand written receipt for payment, my credit card details were taken to be treated as a mail order payment as their bluetooth payment was down so they couldn't process it there and then.

Today, I received a hand-written note from In-Focus saying that they charged me the incorrect price and that the 20% (£300) was actually already calculated in the original price which should have been £1539, and he accidentally gave me another 20% off.

The letter says I have 2 options, make the full payment of £1539 (an additional £300), or return the binoculars and they will refund me plus any postage charge.

I'm pretty peed off to say the least, its not my fault they charged me the incorrect price, which I acknowledge is a good price - one too good to turn down at the time. They haven't taken any charge yet, so where do I stand. As I say, I have a written receipt. I don't want the bloke to get into any trouble either but I bought it in good faith. I didn't even go in and ask for a pair, he was the one who offered them to me at the price.

Anyway, I've since used them up on the Moors yesterday so they have been christened, so they wouldnt be able to resell them as new.

I wondered if anyone knew anything about basic customer / consumer rights?

 

[PYRTLE]

First things first.

Have In-focus actually taken £1230 from your account ( has it gone )? If not, then regardless of the bill of sale, I believe the goods still belong to them.

On the other hand if you bought and paid for theming in good faith at an agreed price, then are they duty bound to honour that transaction?

I'm not sure of the legal consumer rights, being technically a remote sale even though you were present, but it is a bummer. There is a legal expert / uk based birder on here who may be familiar with the acts and able to offer impartial advice.

The company should morally honour the sale ( as it is their mistake ) but their actions do not appear to reflect that. Try having a chat with their CEO first, take and keep notes.

Good luck.

 

[wolfbirder]

Thank you Pat. Much appreciated.

 

[In Focus]

The price of £1230 was an error on the part of the shop manager at Rutland but as has been explained to him, you and he made a contract of sale in the shop. Your receipt is evidence of that contract.

As a result, we will process the payment at the agreed price (£1230).

You indeed got a bargain (sadly at our expense!) and we hope you enjoy your binoculars.

Apologies for the miscommunication. If you wish to speak to Mike at the Rutland shop, he will be available until 4.00pm on 01572 770656.

Best regards, The In Focus Team

 

[Gzoladz74]

I read this by accident but fair enough to In Focus. I appreciate the GBP 300 is not little money, but I am sure this display of integrity (regardless where the situation stands legally, etc) will pay off.

I hope the shop manager is ok, these things happen.

 

[wolfbirder]

Yes, I am sorry to create a storm in a teacup here, but genuinely was a little upset today when I got the note. But Likewise I really don't want anyone to get in trouble, as I have responded to Bruce from In-Focus privately just a moment ago.

I am thrilled with these binoculars. Thank you to In-Focus for resolving this so quickly.

And now I feel a little guilty.

 

[PYRTLE]

Well done In Focus, for honouring the legal contract and taking in the circumstances. Bruce and the company have been around for quite a while. You did nothing wrong to feel guilty about.

ATB

 

[dries1]

They are a pleasure to deal with, very nice folks there.

 

[DMW]

Good to see a company act with integrity.

 

[tarsigercyanurus]

Hopefully such a positive response will encourage people to deal with them. I'd certainly look at that as favourable publicity.
Maybe they could make a similar mistake on 8x32 SF for me����

 

[Steve Lister]

Well done In Focus.

Steve

 

[alan kennedy]

Well done In Focus.

Steve

Hear hear! Top class dealer in my experience over the years.

 

[giosblue]

I bought my first pair of alpha bins from infocus about 30 years ago, so they have stood the test of time.
However regarding the sales of the Swarovski binoculars, there’s is nothing infocus could do.
A sale price had been agreed and the agreed sale price had been paid. Once this had taken place the goods are the property of the buyer. If infocus wanted them back, they would have had buy them back at a price the vendor was willing to accept, not something that was practical do do.
Like I have said before, I work in retail and sometimes you just have to take it on the chin.
Given the difficult trading environment at the moment, it's a big hit.

If it were me, I would have offered to meet them halfway, which seems like the ethical thing to do..

 

[wolfbirder]

Given the difficult trading environment at the moment, it's a big hit.

If it were me, I would have offered to meet them halfway, which seems like the ethical thing to do..

Good point, I have emailed them offering to pay an additional £150 over 12 months via standing order.

I have really stetched myself even buying the Swarovski's at the great price, having gone in with the intention of viewing 4 different pairs of bins in the £700-£800 range.

 

[eronald]

I think InFocus have snagged themselves a few hundred quid worth of well-deserved advertising by their quick and clear reaction. Let's applaud them, and move on to some other topic.

Bravo, InFocus!

Edmund

 

[In Focus]

Thanks for the extremely generous offer Nick but we'll decline - see our PM for details - and let's just call this a win/win for all - great deal on a great bino for you, fantastic feedback for us - and hope you can recommend us to a few in future!

Best regards, The In Focus Team

 

[wolfbirder]

Thank you very much, I am so sorry about all this, you have acted wonderfully I have to say, its so refreshing to see in these difficult times.

Very best wishes to you and In-Focus.

 

[NY_Birder]

Class act!

 

[Troubador]

Just to expand the discussion about what UK law says about prices in retail situations, if an incorrect price is shown on a item, the dealer is not obliged to sell at that price. The dealer can say 'that price is wrong, if you want to purchase this item the price is £xxx. This is because UK law sees a displayed price as an 'invitation to treat' or in other words an invitation for someone to say I am interested in buying and at that point the dealer can advise the price at which he is willing to sell even if it is different from the stickered price.

However if a price has been agreed and the goods change hands, a binding contract has been established and the dealer has no right to try to renegotiate the price.

Lee

 

[Mono]

I had a similar scenario why buying a car.

I looked over the car and we agreed a price based on part-exchanging my current car. I then if they could reduce the price if I didn't part exchange, they said yes and offered a £1000 reduction. I left a deposit and went away to think. Phoned them back a few days later to say I would go ahead with the part exchange. They then told me the balance I need to pay when I collected the car. I accepted this, but a few hours later thinking it through I realised they had included the £1000 reduction as well as the part exchange.

A few days later I went to collect the car, willing to pay the original negotiated price. Straightaway the salesman says he made a mistake and included the £1000 discount, but that as they had made that offer they would honour it. I got my £1000 off.

A week or so later I phoned back to discuss some minor detail of the car, I had just noticed. Ask to speak to the salesman I had been dealing with only to be told, "they don't work for us anymore"!