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Iron bought from Makro - are they exempt from consumer rights?

Right....

Bought a steam generator iron for around £80 from Makro, in August 2007.

It has recently started smoking and sparking around the plate.

Tried to take it back, and they say they are exempt from Sales of Goods Act because they are a "business to business wholesaler" and not a "retailer". They also say they have clearly signed (which they have) that they only give a one year warranty on all items.

They are refusing to offer any solution. Is just short of 2 years a reasonable length of time for a £80 iron to last.

What are my next steps?

Thanks in advance.
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Comments

  • Halloway
    Halloway Posts: 1,612 Forumite
    oliverp wrote: »
    Right....

    Always a good way to win over people when you are asking for their opinion and advice.
  • oliverp_2
    oliverp_2 Posts: 130 Forumite
    Sorry I wasn't polite enough.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 June 2009 at 7:58PM
    £80 is cheap for a steam generator iron.I don't think they have a long life.
    You could try to contact the manufacturer?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry, but i would be ringing trading standards up.

    If the are claiming they are exempt because they are a business to business
    company then why did they sell it to you in the first place. If they sold it to you while you had a works business card then return it by the same method.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • hayley11
    hayley11 Posts: 7,627 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I can't see how they can be exempt just because they sell b2b, they are still selling something and it must still be fit for purpose, as described etc.

    It doesn't actually matter that they say they only give a one year warranty on items, some things should last longer than a year and I would think an iron is one of those things. I'd be pretty annoyed if I had to replace my iron every year. Some companies think that by putting a sign up, they can take away your statutory rights but they can't.

    I would contact consumer direct or trading standards, i've tried searching online but I can't find anything definitive.

    Hopefully somebody who knows for sure will come along soon :)
    :heart: Think happy & you'll be happy :heart:
    I :heart2: my doggies
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you a business?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Halloway wrote: »
    Always a good way to win over people when you are asking for their opinion and advice.

    Hey, that was a little harsh, i think the OP was just girding the old loins and certainly i think no disrespect was intended.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • prowla
    prowla Posts: 13,610 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Halloway wrote: »
    Always a good way to win over people when you are asking for their opinion and advice.
    Eh.........?
  • oliverp_2
    oliverp_2 Posts: 130 Forumite
    I was baffled too, I guessed it was because s/he thought I wasn't polite enough?
  • Halloway
    Halloway Posts: 1,612 Forumite
    McKneff wrote: »
    Sorry, but i would be ringing trading standards up.

    If the are claiming they are exempt because they are a business to business
    company then why did they sell it to you in the first place. If they sold it to you while you had a works business card then return it by the same method.

    I disagree. Places like Makro and Costco set themselves up as selling only to businesses for many reasons. If the OP bought an item for personal use then he must nevertheless have done so by posing as a business user, buying the item for business use. Rules for business transactions differ greatly from consumer transactions, the latter having much greater protection for the buyer.

    Generally, there is very little onus, within a business transaction, to provide any warranty at all. Any warranty would be written into any sales contract and may be set on a contract-by-contract basis. Certainly my experience is that if you want anything beyond the most basic of protection you would need to pay for it.

    It's all very well taking advantage of these business-to-business sellers and their lower prices (although I doubt that's the case in most cases) but you do have to take the rough with the smooth.
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