Vintage Fenders

[Stub Mandrel]

Is a non-refundable deposit legal in the UK?

The answer is: it depends. Generally, deposits are refundable unless there is a clear and agreed contract term stating they are non-refundable. Even if you have a non-refundable deposit clause, UK law requires the term to be fair, reasonable, and clearly communicated before the contract is made.

 

[Reggaebass]

18 minutes ago, Burns-bass said:

I asked Mike at ATB to reserve a bass and he told me the deposit wasn’t returnable (which is against all commercial law, but put me off enough not to bother with a trip…)

That would put me off too, I had a similar instance a while back with a shop near Yarmouth which is quite a way from me, I asked him to save an early P bass he had listed , and he said no and it sold that evening  , puts you off dealing with some people 

Edited 3 hours ago by Reggaebass
Spelling

[Burns-bass]

19 minutes ago, Stub Mandrel said:

Is a non-refundable deposit legal in the UK?

The answer is: it depends. Generally, deposits are refundable unless there is a clear and agreed contract term stating they are non-refundable. Even if you have a non-refundable deposit clause, UK law requires the term to be fair, reasonable, and clearly communicated before the contract is made.

 

It’s a nice answer but I’d say it’s as worthless as a “sold as seen” notice in a shop (ie you’d have a very good chance of getting all the cash back in court).

 

The deposit should relate to the potential losses a company light face. In this instance. I’d argue the losses were negligible. 

 

I also felt the deposit terms (10%) was too much.

[Sparky Mark]

I guess there's always a possibility that a deposit is taken to remove an item from sale, the potential purchaser delays for whatever reason, then asks for the deposit back. The retailer has then lost days or maybe weeks when they could've made a sale.

[Burns-bass]

5 minutes ago, Sparky Mark said:

I guess there's always a possibility that a deposit is taken to remove an item from sale, the potential purchaser delays for whatever reason, then asks for the deposit back. The retailer has then lost days or maybe weeks when they could've made a sale.

I understand all that.

 

I’m 100% certain the deposit would have been refunded if I’d gone to the shop and decided it wasn’t for me, but I didn’t like the way it was handled and the suggestion I was a timewaster or somehow not trustworthy.

 

It was enough for me not to buy the instrument. 

 

 

[walshy]

Same here with a guitar shop 90 mins from me, had 2 basses I wanted to buy, about £5k, asked for a £1k non refundable deposit to hold them. I explained I was happy to pay a deposit, would drive straight to him and if they were as described would buy them both and if not I’d like the money back. He point blank refused and needless to say I didn’t travel up. They were still for sale 2 months later…

[ossyrocks]

1 hour ago, Burns-bass said:

I asked Mike at ATB to reserve a bass and he told me the deposit wasn’t returnable (which is against all commercial law, but put me off enough not to bother with a trip…)

 

That's a shame. Mike has been ok to deal with for me. I've met him a couple of times, and when I bought my first vintage Precision from him, he knocked a good chunk off the price without much haggling at all. I still have that bass, and still really like it.

 

Rob

[ossyrocks]

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Edited 3 hours ago by ossyrocks

[Reggaebass]

3 minutes ago, walshy said:

Same here with a guitar shop 90 mins from me, had 2 basses I wanted to buy, about £5k, asked for a £1k non refundable deposit to hold them. I explained I was happy to pay a deposit, would drive straight to him and if they were as described would buy them both and if not I’d like the money back. He point blank refused and needless to say I didn’t travel up. They were still for sale 2 months later…

That’s a big chunk of non refundable deposit there walshy isn’t it 

[Stub Mandrel]

38 minutes ago, Burns-bass said:

It’s a nice answer but I’d say it’s as worthless as a “sold as seen” notice in a shop (ie you’d have a very good chance of getting all the cash back in court).

 

The deposit should relate to the potential losses a company light face. In this instance. I’d argue the losses were negligible. 

 

I also felt the deposit terms (10%) was too much.

 

Just observing that deposits aren't illegal as such. I can't offer a judgement on your situation as I'm mot an expert.

[walshy]

7 minutes ago, Reggaebass said:

That’s a big chunk of non refundable deposit there walshy isn’t it 

Yep, madness mate

[snorkie635]

19 minutes ago, walshy said:

Same here with a guitar shop 90 mins from me, had 2 basses I wanted to buy, about £5k, asked for a £1k non refundable deposit to hold them. I explained I was happy to pay a deposit, would drive straight to him and if they were as described would buy them both and if not I’d like the money back. He point blank refused and needless to say I didn’t travel up. They were still for sale 2 months later…

Far be it for me to identify the culprit here, but based on my own experience with a certain retailer whose premises would fit perfectly into your '90 mins' journey-time, I'm not at all surprised.  'Nuff said.

[Burns-bass]

22 minutes ago, Stub Mandrel said:

 

Just observing that deposits aren't illegal as such. I can't offer a judgement on your situation as I'm mot an expert.

Sorry. I’m a trustee with Citizens Advice so I talk all this stuff a little too seriously. 
 

The guys at ATB seem ace and I’m sure it was just me being me, but it didn’t feel right to me. I appreciate I could have been a mad time waster and in their game they probably meet a fair few of those!