Consumer Rights V Business to Business Rights

scoopster123

Yesterday I ordered some paper for my company and made a mistake on the order! I ordered 20 boxes instead of 10. I had alot of problems on the web site and had to phone as they had a slight misleading design. When i final came to pay i didnt double check!

Anyway - The order arrived today and i had a nice phone call from our director this morning to say 20 had turned up etc! Upon phoning the company7 they said that they willt and return 10 and they might be able to refund the difference!

He has said that they are not liable to consumer Law as they only sell business to business and have stated so in their terms and conditions!

Is this legal? Is this correct?

I was always under the impression that if mistakes like this happen you always have the right to a refund as long as the items have not been opened or used!

Is this correct?

Thanks in advance!

sarahg1969

Yes, he's right. As a business, you are deemed to be as knowledgeable as the business from which you are purchasing. You are both on an equal footing, and don't require the same protection that the consumer does.

Presumably you'll use the paper in time?

Freddie_Snowbits

Depends, the supplier I use would take it back as a curtosy, though they are not oblisged to do so.

Art_2

They have no legal obligation. if you are a good customer they may accept the goods back as a goodwill gesture. Remember the mistake was yours and not theirs.

Regards,
Art.

LinasPilibaitisisbatman

Tbh I cant believe any company wouldnt simply find a cupboard and hold onto the paper and use it next time round.

They will probably spend more time chasing the refund etc than actually if they did just keep it.

Tozer

I think it is obvious to most people that the OP is feeling bad and trying to rectify the situation.

Could you not work that out?

zootscoot

Business to business transactions are covered under the Sale of Goods Act 1979 but not all of the remedies are available to businesses such as the right to a repair or replacement, although damages are available and right to reject may be available unless the breach was slight. Liability under the SGA may be excluded by terms and conditions in business to business transactions (but not consumer transactions) only if it is deemed reasonable for them to do so under the Unfair Contracts Terms Act 1977.

However, in your situation there has been no breach of any of the implied terms and therefore no liability would arise whether you were a consumer or a business.

See further here:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

http://www.e-lawresources.co.uk/Unfair-Terms---Regulation-by-statute.php

Optimist

Even if they do accept it back you will probably find that they only issue a credit note rather than a cash refund.

scoopster123

Thanks for the information i can confirm that the supplier today has confirmed he will refund but has stated that in future i could receive a 20% re-stocking fee or refund refusal> It all depends if as he is a reseller himself and its up to his supplier.

Ive certainly learned something thats for sure!

scoopster123

LinasPilibaitisisbatman wrote: »

Tbh I cant believe any company wouldnt simply find a cupboard and hold onto the paper and use it next time round.

They will probably spend more time chasing the refund etc than actually if they did just keep it.

Unfortunitaly i order a years supply each time and would not have suitable space. To add to that i would like to redeem myself from the error!