Wholesaler & Consumer Law

[cookie_muffin]

Hi,

 

Just looking for some help here...I've just tried to demand a refund at a wholesaler...to cut a long story short I started talking about SOGA etc, however, was shot down and told that "as we are a business to business wholesaler and you have signed in your agreement upon opening an account with us that you are only buying goods on behalf of the business, and not for personal use, that consumer law does not apply..."

 

What they have said is right - they don't deal with people wanting to buy stuff for themselves, only companies buying on behalf of the business. It is in the T&C of the makro card I signed for...

 

Is this right though?

[Conniff]

It is correct that business to business does not come under consumer regulations.

[rickyd]

if the goods are defective can you make use of the Makro Guarantee and 28 day refund policy? Failing that, how about their 12 month warranty?

 

Their terms certainly do state that you are not the end user and therefore not the consumer. You agree to purchase items solely for the purpose of selling them on.

[funkyparott]

There is a recent stated case that says goods purchased through a business in some circumstances do fall under the consumer laws.

[rickyd]

there may well be, but Makro's trading agreement states that you certify that you are not the consumer and are not buying stuff for your own use. If the goods are defective you need to contact the manufacturer or if they qualify, use Makro's own refund policy.

[funkyparott]

there may well be, but Makro's trading agreement states that you certify that you are not the consumer and are not buying stuff for your own use. If the goods are defective you need to contact the manufacturer or if they qualify, use Makro's own refund policy.

 

Ah, I don't believe the case I refer to will be of any use to you then!

[rickyd]

Probably not. The thing is that everyone, including Makro knows that the majority of their customers don't resell the stuff they buy. Why else would they sell single loaves and bottles of wine?

 

I think its a neat trick to permit them to sidestep issues like this and other things but the agreement isn't hidden andso widespread it probably isn't worth arguing with them especially whan they offer a refund system.

[gyzmo]

I suggest people read Stevenson v Rogers [1999] 1 All ER 613, R&B Customs Brokers v United Dominion Trust [1988] 1 All ER 847, Havering LBC v Stevenson [1970] 3 All ER 609, Davies v Sumner [1984] 3 All ER 831.

[rickyd]

can you clarify for us?

[funkyparott]

Isn't this case concerning a fisherman selling his boat?

 

The claimaint purchased a boat and claimed the boat was not of satisfactory quality.

 

The fisherman (defendant) argued that his main business was catching fish and not selling boats. therefore s14 did not apply.

 

 

The court held the claimants view that the sale must comply with s14.

 

Not sure how this fits in here though. Perhaps someone who has read the case in more detail could advise?

[gyzmo]

The cases focus on what is meant by "in the course of a business" and try to differentiate between when someone is a consumer or a business.

 

unfortunately, there are different schools of thought. The reason I put the cases there was for people to read through them and see whether anything could help in heir own situation.