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Wholesaler & Consumer Law


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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?

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They are correct in that there are less rights in business to business contracts of sale. But are you a business? It will depend on various factors.

 

Even so, their own T&Cs on the website state that they have a 28 day no quibble return and also have a 12 month returns policy (the legality of some of those terms are a bit questionable).

 

I think you cut the story short when the longer (factual) version is needed in order to be able to offer advice.

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They are correct in that there are less rights in business to business contracts of sale. But are you a business? It will depend on various factors.

 

Even so, their own T&Cs on the website state that they have a 28 day no quibble return and also have a 12 month returns policy (the legality of some of those terms are a bit questionable).

 

I think you cut the story short when the longer (factual) version is needed in order to be able to offer advice.

 

Thanks for your advice so far.

 

I bought a Dyson vacuum around 8 months ago, it's totally broken now...won't turn on. I took it back for a replacement/refund, to be told they don't take them back. I was told to contact Dyson direct and they would arrange to repair it. I said I wasn't happy with that, my contract is with them, not Dyson. That is when they started saying consumer law doesn't apply. They said that "to make it easier for customers, with certain products, we will direct you to a helpline who will either repair, or if it is uneconomical to do so, will provide you with a reference number to bring to Makro and we will replace/refund".

 

I think what they were trying to say that as they are a business to business wholesaler, that as far as law permits, their Terms & Conditions state what the policy is in the absence of consumer laws (i.e. SOGA).

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I suppose that being a Makro member they class all members as retailers ( when a lot are not ) . In their eyes you have bought the product to be resold to the public so it seems it is your responsibility to contact Dyson.

 

I have returned faulty goods after a week or so and have never had a problem. Perhaps it's down to the Manager how returns are handled.

 

Get a Hoover next time !!!!

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SOGA does not apply exclusively to contracts for the sale of goods to consumers - it just gives consumers more rights. All contracts for the sale of goods are covered by section 14 (2):

 

Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

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Thanks for your advice so far.

 

I bought a Dyson vacuum around 8 months ago, it's totally broken now...won't turn on. I took it back for a replacement/refund, to be told they don't take them back. I was told to contact Dyson direct and they would arrange to repair it. I said I wasn't happy with that, my contract is with them, not Dyson. That is when they started saying consumer law doesn't apply. They said that "to make it easier for customers, with certain products, we will direct you to a helpline who will either repair, or if it is uneconomical to do so, will provide you with a reference number to bring to Makro and we will replace/refund".

 

I think what they were trying to say that as they are a business to business wholesaler, that as far as law permits, their Terms & Conditions state what the policy is in the absence of consumer laws (i.e. SOGA).

 

 

So I take it what they are saying is correct...?

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It's not a matter of consumer law, it's one of contract. You have a contract with Makro, not with the manufacturer.

 

I think a letter to their head office is in order, as well as reporting this to Consumer Direct.

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