Surely, this MUST be illegal?

[DrTeeth]

I understand that if a business makes a purchase, that purchase is not covered by the Sales of Goods Acts or the Distance Selling Regulations.

 

If I make the purchase as a private individual it is.

 

I have just come across a web site that stated "This item can only be purchased for business purposes, and is therefore bound by our business terms and conditions" and I had to agree before purchase. This has GOT to be illegal as the type of purchase is contingent on the status of the purchase and not some company wishing to shirk its legal obligations. The item in question is a computer monitor.

 

What are the views on this?

 

TIA

 

DrT

[dw190]

I understand that if a business makes a purchase, that purchase is not covered by the Sales of Goods Acts or the Distance Selling Regulations.

 

If I make the purchase as a private individual it is.

 

I have just come across a web site that stated "This item can only be purchased for business purposes, and is therefore bound by our business terms and conditions" and I had to agree before purchase. This has GOT to be illegal as the type of purchase is contingent on the status of the purchase and not some company wishing to shirk its legal obligations. The item in question is a computer monitor.

 

What are the views on this?

 

TIA

 

DrT

 

Simple. If you dont like the terms dont buy. Take your business elsewhere.

[DrTeeth]

Don't be a Herbert. I would do as you suggested if I were not convinced that the company is acting illegally. You can bury your head in the sand if you like and contribute to the decline of this country (I imagine you act similarly elsewhere) but I chose not to.

[dw190]

Don't be a Herbert. I would do as you suggested if I were not convinced that the company is acting illegally. You can bury your head in the sand if you like and contribute to the decline of this country (I imagine you act similarly elsewhere) but I chose not to.

 

Not being a Herbert at all.

 

It is up to the seller if they wish to sell only to businesses.

 

I've been refused goods simply because I couldn't provide a VAT registration number. The seller only wished to deal with businesses with a turnover exceeding the VAT threshold.

[Rooster-UK]

IMHO it is perfectly legal.

 

There are many companies who will only deal with account customers.

To open an account with most of these companies they require business references.

[Bookworm]

If it's a B2B site, then it's legit. If they purport to sell to consumers THEN add B2B T&Cs to restrict statutory rights, it's a different story. Is there anything that makes you think they don't deal solely B2B?

 

A perfect example of this is Makro. If you buy from them, you buy as a business, so even though lots of people get a card and think they're buying as consumers, they have little recourse if things go wrong, as they got the card under false pretense if they didn't buy for their business.

[samsmoot]

A perfect example of this is Makro. If you buy from them, you buy as a business, so even though lots of people get a card and think they're buying as consumers, they have little recourse if things go wrong, as they got the card under false pretense if they didn't buy for their business.

 

Now I did not know that! You may have saved me from an embarrassing ruckus in the future (should I ever buy sub-standard stuff at Makro).

[kiptower]

must say using MAKRO for over 30 years I have never had a problem returning faulty goods, however yes each time it was within a year,

 

but you often see the green users shouting and screaming @ the staff on the returns desk

[Annoying Twit]

Simple. If you dont like the terms dont buy. Take your business elsewhere.

 

That doesn't answer the (in my eyes entirely reasonable) question of whether it is legal (and effective) for businesses to attempt to shirk their legal responsibilities in this way.

 

Surely the situation would depend on whether or not the company is primarily selling to private individuals, or primarily selling to businesses, as Makro does.

[My Real Name]

Is there any check in place to ensure that only B2B sales occur? For example, checking company numbers / VAT numbers?

 

If that is not the case, and the check is only a self-certified button press, I would argue that the seller has not taken enough care in ensuring only business users are making purchases, and that non-business users would still be covered by consumer legislation.

 

It does not seem to me that it is enough to say "only business users are allowed" without taking actual steps to ensure that only business users are able to make transactions.

[Guest wino]

Many years ago I bought a kettle from TJ Hughes. I was talking to the cashier and told her I was buying it for my office so I didn't have to walk through a cold warehouse to get to the tearoom. She then wrote 'business use' on my receipt and said the guarantee was different for a business purchase than if you were using it in your own home. I could return it if I found it to be faulty at first use only. I told her at work it was only me using it once, maybe twice a day. If I was at home it would be used a lot more. She said it doesn't matter how many times I use it those are the rules.

 

P.S. It is still going strong 7 years on:)

[Annoying Twit]

It does not seem to me that it is enough to say "only business users are allowed" without taking actual steps to ensure that only business users are able to make transactions.

 

That sums up my take on the issue very well. Doesn't mean that the law is the same though. It can't be enough for them to say "business purchases only" or every retailer in the country would put that in their fine print and much consumer protection would be history.