Jewellery special order - can they do this?

A few weeks ago I went to a jewellers to see if I could get a ring small enough to fit DD. After fitting her finger, they said that they don't have any of that size in stock, but they could get it made as a special order. They filled in a special order form, and I paid all but $10 on it and have waited for a phone call to say that it is ready.

I received a phone call today, not to say that I could collect it, but to say that they can't get it made in that size, but it can be resized but it will cost another $25.

I am not going to pay to get it resized, cause that just makes the ring too expensive for DD to wear in case she loses it. I am not really that phased, and I will get a refund, but it is more the principle. Why can they take my money, promising me something, then when they realise they have made a mistake, charge me another $25, or are they just trying to cover their mistake in the hope that I pay it?

I had no idea where to start looking online to see whether they are allowed to do it. I was thinking of calling the Dept of Fair Trading for their advice, but didn't get to it today.

AFAIK, a special order form is a binding contract. If they are supplying the ring that you ordered, then they are bound to it. You don't have to pay for their mistake.

Australian Cosumer Commission (it is the ACCC and I can't remember what the third C is for) will be able to give you advice on your own situation otherwise the Department of Fair Trading in your state (it may be called something different in each state) would also be able to let you know of your rights.

They will fight on your behalf too if you follow the appropriate channels with no success (talking to the business, writing a letter of complaint and if each of those thing don't give results, a written complaint to ACCC or Fair Trading). Often telling the business that you plan to talk to the ACCC is enough to get results, if they know they are doing the wrong thing. It will cost them a lot more than $25 if they aren't sticking to the regulations because they could also be hit with a massive fine but you have to give them the opportunity to sort it out with you first.