Car Wow dropped price after deposit
Discussion
Around 1 week ago, I put a £500 deposit on a car through Car Wow (paid over the phone using a credit card), however today, I received an automated 'updated price' notification, and the same dealership is now offering the same car for £750 less than the price I got a week ago.
The car is expected to arrive around March.
Is there anything I can do now that I've already put the £500 deposit?
I feel rather gutted that I'm now paying £750 extra due to putting a deposit down 1 week earlier!
The car is expected to arrive around March.
Is there anything I can do now that I've already put the £500 deposit?
I feel rather gutted that I'm now paying £750 extra due to putting a deposit down 1 week earlier!
Edited by JLammy on Saturday 26th January 09:20
Camelot1971 said:
If they had put the price up £750 a week later would you be calling to pay them more?
Not very helpful. As even if I cancelled and had to forfeit my deposit and then re-ordered, I’ll still be £250 better off...On another note, would I genuinely be able to get back my deposit given that I paid over the phone and haven’t ever been near the dealership? Not sure if it’s covered by the consumer rights act 2015 (distance selling regulation).
I’ve just been told by the sales manager that “strictly speaking, my order wouldn’t qualify for the discount as it’s only for orders from 22nd Jan” - literally a few days after my order!
He did however say he’d feel the same as me and would help me check on Monday. Although he did say that Hyundai has made it clear that there is to be no exceptions on this and they’ll be auditing the order intake.
He did however say he’d feel the same as me and would help me check on Monday. Although he did say that Hyundai has made it clear that there is to be no exceptions on this and they’ll be auditing the order intake.
As with all distance selling, the person who you gave the deposit to is under an obligation to tell you, you have two weeks to change your mind. There are exceptions to this, such as emergency work, safety work and contract work. If he failed to tell you this you could in fact call trading standards and make a complaint. The paperwork you received will probably state this if you actually read it. However, the person taking the deposit may well,say that there were costs involved such as prepping the car, moving the car etc etc and deduct accordingly. There may also be a clause that says none-refundable deposit. Again this must be made clear to you.
At the end of the day, if you were not informed you have a cooling off period it could become uncomfortable for them.
At the end of the day, if you were not informed you have a cooling off period it could become uncomfortable for them.
So I've just received an email from the sales guy and he's compared it to booking a holiday, and that the travel agent/airline would not honour the cheaper price.
And he also added, as per post 3 in this thread, if Hyundai increased the price by £750, Hyundai wouldn't be calling me up to ask me to pay the additional money.
Given this, I believe it's very unlikely that I'll get honoured the price drop.
This is what is stated on the order form regarding cancellations:
And he also added, as per post 3 in this thread, if Hyundai increased the price by £750, Hyundai wouldn't be calling me up to ask me to pay the additional money.
Given this, I believe it's very unlikely that I'll get honoured the price drop.
This is what is stated on the order form regarding cancellations:
Hyundai said:
13. CANCELLATION
Except as provided by law, or under clauses 2(c), 7(a)(iii) or 14 of these terms and conditions, no order which has been accepted by Smiths Motor Group may be cancelled by the Customer except with the agreement in writing of Smiths Motor Group and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Smiths Motor Group in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Smiths Motor Group as a result of cancellation.
14. DISTANCE AND OFF PREMISES CONTRACTS
(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , if the Customer as a private consumer has entered into this contract (1) prior to a face-to-face meeting with Smiths Motor Group or (2) after placing an order during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises or (3) by a distance communication immediately after the Customer was addressed during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.
(b) In order to exercise the right to cancel the Customer must provide Smiths Motor Group with a clear statement (e.g. a letter sent by post, fax or email). The Customer may cancel the contract by using the model cancellation form provided with these terms and conditions below but is not obliged to do so. The statement should be sent to Smiths Motor Group using the contact details contained within the order form. To meet the cancellation deadline it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
(c) On cancellation Smiths Motor Group shall reimburse to the Customer all payments received from the Customer including any delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Customer will be reimbursed the value of the least expensive delivery method).
(d) Subject to clause 14(e) below on cancellation the Customer shall return the Goods to Smiths Motor Group without undue delay and in any event not later than 14 days after the day on which the Customer advises Smiths Motor Group of the cancellation at the Customer’s cost. The cost of returning the goods to Smiths Motor Group will be dependent upon distance and is likely to be a minimum of £100. If the Customer fails to deliver the Goods to Smiths Motor Group, Smiths Motor Group may make a charge for its direct costs of recovering the Goods from the Customer and Smiths Motor Group may deduct this charge from any sum that Smiths Motor Group must reimburse to the Customer.
(e) In the event the Customer entered into this contract after placing an order during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises and where Smiths Motor Group has delivered the Goods to the Customer, Smiths Motor Group shall arrange for the Goods to be collected at its own expense.
(f) Smiths Motor Group will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Smiths Motor Group received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.
(g) On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part- exchange Smiths Motor Group will return the part-exchange or pay the agreed part-exchange value to the Customer at Smiths Motor Group’s discretion.
(h) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Smiths Motor Group may recover that amount from the Customer and Smiths Motor Group can deduct this amount from the amount of the reimbursement provided for under clause 14(c) of these Terms and Conditions. Smiths Motor Group will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
(i) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
Please note that we do not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. If you choose not to view your vehicle at our premises prior to purchase, you will not be entitled to cancel your order under a 14 day cancellation period.All other statutory rights remain unaffected. In the event of a vehicle that needs to be returned to us for any reason you will bear all costs of the return if no other agreement has been made in advance and expressly agreed in writing by by both parties.
So it seems like I'll lose my £500 if I cancel and they've also mentioned they "do not operate an organised distance selling scheme as defined by The Consumer Contracts" - so I am assuming they've covered themselves in terms of distance selling and do not need to return the deposit?Except as provided by law, or under clauses 2(c), 7(a)(iii) or 14 of these terms and conditions, no order which has been accepted by Smiths Motor Group may be cancelled by the Customer except with the agreement in writing of Smiths Motor Group and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Smiths Motor Group in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Smiths Motor Group as a result of cancellation.
14. DISTANCE AND OFF PREMISES CONTRACTS
(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , if the Customer as a private consumer has entered into this contract (1) prior to a face-to-face meeting with Smiths Motor Group or (2) after placing an order during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises or (3) by a distance communication immediately after the Customer was addressed during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.
(b) In order to exercise the right to cancel the Customer must provide Smiths Motor Group with a clear statement (e.g. a letter sent by post, fax or email). The Customer may cancel the contract by using the model cancellation form provided with these terms and conditions below but is not obliged to do so. The statement should be sent to Smiths Motor Group using the contact details contained within the order form. To meet the cancellation deadline it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
(c) On cancellation Smiths Motor Group shall reimburse to the Customer all payments received from the Customer including any delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Customer will be reimbursed the value of the least expensive delivery method).
(d) Subject to clause 14(e) below on cancellation the Customer shall return the Goods to Smiths Motor Group without undue delay and in any event not later than 14 days after the day on which the Customer advises Smiths Motor Group of the cancellation at the Customer’s cost. The cost of returning the goods to Smiths Motor Group will be dependent upon distance and is likely to be a minimum of £100. If the Customer fails to deliver the Goods to Smiths Motor Group, Smiths Motor Group may make a charge for its direct costs of recovering the Goods from the Customer and Smiths Motor Group may deduct this charge from any sum that Smiths Motor Group must reimburse to the Customer.
(e) In the event the Customer entered into this contract after placing an order during the simultaneous physical presence of the Customer and Smiths Motor Group at a place which is not Smiths Motor Group’s premises and where Smiths Motor Group has delivered the Goods to the Customer, Smiths Motor Group shall arrange for the Goods to be collected at its own expense.
(f) Smiths Motor Group will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Smiths Motor Group received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.
(g) On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part- exchange Smiths Motor Group will return the part-exchange or pay the agreed part-exchange value to the Customer at Smiths Motor Group’s discretion.
(h) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Smiths Motor Group may recover that amount from the Customer and Smiths Motor Group can deduct this amount from the amount of the reimbursement provided for under clause 14(c) of these Terms and Conditions. Smiths Motor Group will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
(i) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
Please note that we do not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. If you choose not to view your vehicle at our premises prior to purchase, you will not be entitled to cancel your order under a 14 day cancellation period.All other statutory rights remain unaffected. In the event of a vehicle that needs to be returned to us for any reason you will bear all costs of the return if no other agreement has been made in advance and expressly agreed in writing by by both parties.
Edited by JLammy on Saturday 26th January 16:42
JLammy said:
This is what is stated on the order form regarding cancellations:
What does it say about the dealer being able to cancel? Order forms often used to give them carte-blanche to cancel, but if the terms are uneven, then the contract is unfair - https://www.gov.uk/guidance/unfair-terms-explained...
Sheepshanks said:
What does it say about the dealer being able to cancel?
Order forms often used to give them carte-blanche to cancel, but if the terms are uneven, then the contract is unfair - https://www.gov.uk/guidance/unfair-terms-explained...
This is what is says about the dealer being able to cancel:Order forms often used to give them carte-blanche to cancel, but if the terms are uneven, then the contract is unfair - https://www.gov.uk/guidance/unfair-terms-explained...
Hyundai said:
(a) Smiths Motor Group will use its best endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Smiths Motor Group.
(b) The Goods may be delivered by Smiths Motor Group or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.
(c) If the Goods are not delivered within three calendar months of the estimated delivery date (if any) the Customer or Smiths Motor Group may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Smiths Motor Group shall be under no further liability to the Customer. In the event that no estimated delivery date is given, Smiths Motor Group will deliver the Goods within 1 month of the Goods being made available to it.
(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Smiths Motor Group has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Smiths Motor Group to the Customer only where agreed by Smiths Motor Group and at the Customer’s cost.
(e) Smiths Motor Group may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Smiths Motor Group is unable to supply any option or accessory, whether factory fitted or otherwise, Smiths Motor Group may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Smiths Motor Group to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
(b) The Goods may be delivered by Smiths Motor Group or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.
(c) If the Goods are not delivered within three calendar months of the estimated delivery date (if any) the Customer or Smiths Motor Group may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Smiths Motor Group shall be under no further liability to the Customer. In the event that no estimated delivery date is given, Smiths Motor Group will deliver the Goods within 1 month of the Goods being made available to it.
(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Smiths Motor Group has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Smiths Motor Group to the Customer only where agreed by Smiths Motor Group and at the Customer’s cost.
(e) Smiths Motor Group may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Smiths Motor Group is unable to supply any option or accessory, whether factory fitted or otherwise, Smiths Motor Group may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Smiths Motor Group to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
Shaw Tarse said:
Does the dealer have to sell you a car at the new price?
Nope, I guess they don't necessarily have to have me as a customer. However, there's more than one Hyundai dealership that is offering the same price for the same car and spec on Car Wow - in fact, there's one that's closer to me and slightly cheaper, but I chose to go with this dealership instead due to their good customer service.Edited by JLammy on Saturday 26th January 17:29
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