[jac]

Got a price quote about 3 weeks back on a bike. So, I went in to place the order on a bike about 5 days back.
Quote: 1550.oo includes everything, but making modifications to the front fork to accomodate a brake tab - add 20.oo.

So, I paid the deposit (750 bucks) and just waiting for the delivery date.
Then I get a call a week later- I misquoted you (5 days later). The price is 2150.oo. OUch! A 600 dollar difference. I could see a couple of bucks (maybe 100), but 600 bucks!
I think the LBS has to take the loss on this.
Comments? Suggestions (if you have encountered such a thing before... its a strange one forsure)

facts:

1/ went into the shop three weeks back for a quote. I sat down with him. He opened the bike catalog and worked out a price (he took a price of 1250 then added the markup as I was watching the numbers being punched in on the calculator. For a total of 1550.oo). He gave me the business card with the quote for the Centaur parts.
2/ I called back about 2 weeks later as a consumer. I asked for a quote on the same bike. Just to make sure. The quote seemed pretty low (and someone else I think found it kind of low in there as well). He quoted me 1850.oo
3/ I went into the shop on Friday with the intent to purchase. He opened the marinoni catalog and pieced out everything along with the order sheet which has pricing on it. I confirmed the price with him again - are you sure its 1550.oo. Without question he stated. I wanted rear brake tabs and front brake tabs. There was no list price for the rear tabs and the front tabs worked out to be 20 bucks. Also, at this time he was busy trying to call a buddy of his to tape the hockey game. So, he wasn't in a rush or anything. If anything, I was in a rush for I still had another lap to do in the gats and it was nearing 8pm by now (I got there around 530). Put a deposit of 750 bucks on the bike and he gave me the sales order receipt with my receipt for the downpayment.
4/ get a call Monday, the rear tabs are going to be 75 bucks. The front 20 bucks. So, I said no to the rear tabs. Nothing said about the price difference on the bike.
5/ got a call Thursday, I messed up (price is 2150.oo), must be my allergies or something. You can come and get your deposit (750 bucks). No working it out or anything!!!! Man, I was pretty pi$$ed. We had a contract in writting.
Legally, it was a binding contract. And, I was basicly told - too bad so sad. Come get your money.

Anyhow, the owner sent out my deposit by registered mail. Registered mail someone has to be there to sign for it. I was not aware of that.
So, it got returned to him. I emailed the fella (Greg Christies in Chelsea Quebec) about 5 times now for the past week and I have yet to see my deposit. I told him to send it unregistered mail.

Anyone know of a good means of getting my deposit back from this ... I'm holding my breath... c.... r..... o....... ..... k




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full topic: http://www.mtbkanata.net/forums/index.php?showtopic=30567&st=0

with pics of sales order etc...

This happened in Ottawa-Hull canada. I'm sure if this was the states the owner would be glued, screwed and tatooed. Instead, I'm the one being blued, screwed and chewed.
(the bike shop funds a local riding group (RWR) and I was going to join the riding team, until I got the finger by them for bringing this incident up.... nice eh!
the canadian way eh! pieves me off...
From here on in I'm shopping the internet south of the border. )

 

[jac]

opps...

 

[splat]

I don't know anything about the binding contract , But ! I would get my ass down there ASAP to at least pick up the deposit.

 

[amateur]

Take the refund, then burn the shop to the ground.


As for legal adivce, if you have a lawyer friend/acquaintance, talk to them. For a $600 differnce, I'm not sure it'd be worth the legal fees. Writing is writing, but who knows, Candia might be different.

 

[jac]

I really don't want to deal with this guy (I'll go balistic if I see him!).
So, to avoid any confrontation I want him to mail it as he said he would. The guy caused me enough damn grief.

 

[Jay Gatz]

i would think that since you put a deposit down on the 1550 quote, they are obligated to live up to their end of the bargain. But, it might just be easier to take your deposit back and find a new LBS than bother dealing with them.

also, unregistred mail is a bad idea for this. work it out so you or someone you trust can sign for it.

 

[jac]

Agreed, but who wants to deal with a store like that. If I end up having problems with the product I'd have to go back there and deal with the shop owner. Thats just painful.
I hope he gets off his rear end and hand delivers it to the address I provided him with.

 

[splat]

I really don't want to deal with this guy (I'll go balistic if I see him!).
So, to avoid any confrontation I want him to mail it as he said he would. The guy caused me enough damn grief.

I still say , go get it your self and be done with the whole thing.


No need to go ballistic ,you will have not lost any money, yes time and aggrivation true , but just call that a cheap lessen learned .

I hope he gets off his rear end and hand delivers it to the address I provided him with.

Here again, DO IT YOUR SELF!!!

He is in NO rush , holding on to your Money is no skin off of his nose. so he has no incentive to be in a rush. If you are not willing to go and get the Money your self I have no pity for you.

 

[habitatxskate]

if you had a quote, it can be above, but not that drastic..if he changed the numbers you have every right to take your money back and go someplace else..if you don't want it, you don't have to take it..but if you already got it, rode it or something, then he doesn't have to take it back..don't pick it up and he can't charge you..if anything give your lawyer a call and explain evrything..try to not go to court, it'd cost more for a lawyer then the bike..just a little advice, since i know how douche some bikes shops are and do that to you..anyways..good luck and let us know how it all works out!

 

[Chunky Munkey]

In YOUR case, you HAVE a BILL OF SALE with a deposit and I take it you have the balance left on the bill of sale. IF SO, you got that bike shop by the DOO DADS!!! Trust me on this. I'm not sure about Canadian law up there but I do know down here, if you want to be a real nasty about it, you can FORCE them to give you that bike for the price they quoted ESPECIALLY due to the fact that you put a deposit down IN GOOD FAITH to purchase it.

YOU DO NOT NEED AN ATTORNEY!!!

I have sued people direct myself without a lawyer for such stuff. You don't need one. Take them to small claims court for breach of contract. All you gotta do is show the judge your receipt showing you PAID half down IN GOOD FAITH on the bike and tell the judge you simply want them to stand behind the original agreement. It's not YOUR fault the sales guy screwed up.

Look, they have the right to sue you! Here's how. There is something called something like "unjust enrichment." What it means is simply this. Let's say, you pull up to a gas station and for some reason BY ACCIDENT, the pump fails and starts giving you gasoline for 10 cents a gallon and you see it and fill your car up to the top and simply leave. If the owner of that station finds out your license number, he CAN sue you for the money you owe for the gasoline. If the pump wasn't malfunctioning you came in and WOULD have paid the regular price. Trust me, it happened here at a gas station and the owner used the cameras to grab several people's license tags after he figured it out on his computer/register. Now, if that gas station owner has the oposite happen, do you think he's going to tell you to come in and get your refund? HELL NO! They are looking out for themselves so look out for yourself. YOU PAID MONEY! You have a balance. I'd hold them to it.

I wouldn't argue with them over it. Talk to an attorney that will give you a free consult. Tell the guy, "Look I know this is a very small case and I might be better taking it to court myself, so I'd like to know, in small claims, do I have a case?" He's most likely going to tell you it's not worth the wait cus like me, it took a full year to set a date to arbitrate, then order a new car, then wait for it to come in yada yada it took a whole year. BUT IT WAS WORTH THE WAIT! I got what I paid for! But if you want to get the bike for what they quoted you in good faith, then the shop will have no choice but to give you the bike for what they quoted you and the saleman might lose his job in the most. And he don't care about you right now right? Tell heck with him. What he did is refered to in the legal terminology as "bait and switch." That's against the law. I'm sure it is in Canada too.

They are looking out for themselves right now, so you ought to do the same. It may take three months to get a court date and papers filed but, to tell you that you are going to have to come up with an extra $600 cuz of their mistake, TOUGH! They sent the money to you fast to try to get out of it. But you got the receipt and it shows a balance for the full amount. YOU GOT 'EM!

I hate to sound so mean but you know what, life isn't fair. Life screws you. Screw back! People cheat with steroids in competition, while others are wondering why they can't compete.., multimillionares and politicians abuse the system and get caught all the time cheating or skimming money to get ahead, and using tax payer money to take private jets rather than cheap airfare and honest people are working hard to make their money and never get ahead. You don't get, if you don't ask and you won't get if you feel for them cus they aren't feeling for you right now, So hit em hard man. Hit 'em where it hurts. It'll cost you a few bucks to file and a few bucks to send them a supeona.

Give 'em both barrels in the chest. No mercy. Not to be confused with Merci. A little "candian" humor there. Don't take no for an answer. They'll have to give you the deal for the deal you made and signed for.

 

[maniak10]

Walk into the shop like a civil human being, get your deposit and be done with the whole deal. It's not worth your time and effort to deal with it any further.

Even if you do get your way, they will probably take their sweet ass time and screw with you even further. All of which you have no recourse for. It's not worth it for a misquote. Everyone makes mistakes and you havent really lost out yet.

btw, chunkey monkey is full of you know what. He is to pissed off at the world for making him ride the short bus in life to know his head from his anus.

 

[Chunky Munkey]

btw, chunkey monkey is full of you know what. He is to pissed off at the world for making him ride the short bus in life to know his head from his anus.

Disregard Maniak10's comment. He's JUST the type of guy that bait and switchers love. He'll just go away and let them keep doing it to the next unsuspecting guy. And he's the kind of guy that still rides the bus every day cuz he can't get ahead in life. I take my Cadi or my Corvette. Public tranport is for losers.