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

Halloway

digp wrote: »

It is arguable that you acted as a consumer even though it was a business to "business" sale. Seek legal advice.

What does 'acted as a consumer' mean in legal terms and how does that override the fact that the transaction was undeniably a business to business transaction?

LinasPilibaitisisbatman

http://www.makro.co.uk/servlet/PB/menu/1022950_l2/index.html

Tbh You have no chance.

Makro terms and conditions clearly state that you must be a trader to have a card or authorised to buy on behalf of a card. Additional cards arent for spouses to act as consumers and doing so is a breach of the terms.

You have to fall back on contract law and after 2 years I doubt you have any recourse on these terms.

McKneff

Halloway wrote: »

Arf - that's quite amusing. But what's a chocolate bunny got to do with anything?

because i like chocolate, especially lindt chocolate bunnies. Yes i know it wastnt relative, you were just supposed to notice the bite. :rotfl:

Tozer

Since when do terms and conditions dictate if you are a consumer or not?

It is a question of fact in each case. Was the purchase made in the course of a trade or business? If not, then you are a consumer and the usual protections apply.

Of course, Makro could claim that you breached the terms of your account and kick you out.

LinasPilibaitisisbatman

Yes but the Cardholders sign to say they are a business/trade user so how can they then turn round and say they werent.

Are you really suggesting that you can fraudulently obtain a card for consumer purposes then fall back on consumer rights when Makro have no way of knowing you are a consumer and actually have a declaration to the opposite.

kpwll

I bought a Hoover 'The One' cleaner from Makro a few years ago and within 2 months it kept cutting out and the engine compartment was getting very hot. I took it back to Makro but they said after the 1st month you have to deal with and return goods to the manufacturer.
I contacted trading Standards and a lady came out to see me. She stated that because Makro is NOT an ordinary retail store the law is different for them and they were right when they told me to contact the manufacturer.
Apparently the rules are different for these types of stores.
(These were not her exact words but the jist of them).

hollydays

Costco are much better-reminds me now not to buy electrical goods from Makro

Edit-link removed-wrong link

sarahg1969

hollydays wrote: »

Costco are much better-reminds me now not to buy electrical goods from Makro

http://www.makro.co.za/store_general.aspx#MakroCard

Their refund policy is written in a way that suggests circumventing SOGA,also I notice they are trying to flog extended warranties.

That's a link to the South African site!

Perhaps that's why they think they can get around the SOGA. lol

http://www.makro.co.uk/servlet/PB/menu/1023120_l2/index.html

hollydays

oops-

http://www.makro.co.uk/servlet/PB/menu/1023099_l2/index.html

here is something closer to home then!

They seem to be saying the holder of the card has declared themselves to be a business user (think costco differs here then) and is not considered to be a consumer,is that legal?Suppose it must be.

sarahg1969

It is absolutely legal. Consumer protection legislation is just that - to protect the consumer. It specifically excludes business-to-business transactions.