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

derrick

hollydays wrote: »

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.

Yep, it is a business to business transaction and as such is not covered under consumer legislation, e.g. from your link; - "3. Goods for sale are intended for and sold on the condition that they are for re-sale, commercial or industrial use only. Private individuals may not make purchases, and any Holder is deemed to have purchased for business use and is not considered to be a consumer."

BikerEd

Halloway wrote: »

I disagree. Places like Makro and Costco set themselves up as selling only to businesses for many reasons.

Misconception. Costco has individual membership, it is not trade-only like Makro. Costco does comply with (and far exceed) consumer sale of goods legislation.

Makro is a trade-only company, it does not sell to consumers, only to people buying for their business, that's why you must present business credentials to purchase anything. The DTI make the distinction between consumer and business sales very clear, and as such business sales are not subject to the same rights as consumer sales. There is some good info in this DTI guide - http://www.berr.gov.uk/files/file25486.pdf

Bottom line is your business would have to make a claim in the courts against Makro for supplying inferior goods as you have no recourse under consumer law.

Tozer

Case law on this subject is that whether acting in the course of a business is a matter of fact. There has to be some regularity.

Strangely some businesses have been found not to be selling in the course of business - there was a case of disposing of a company car. The Court held that as there was no regular course of dealings, the company was not acting in the course of a trade or business and therefore SoGA provisions did not apply. The same applies the other way when businesses purchase out of the ordinary goods.

In similar ways, the Unfair Contract Terms Act 1977 states that parties cannot contract to exclude implied terms when dealing as a consumer.

Tozer

LinasPilibaitisisbatman wrote: »

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.

Because it depends as a matter of FACT. Terms and conditions cannot overrule whether the implied terms of the SOGA can be contracted out of if dealing as a consumer.

Re your second paragraph - Makro would have a claim against the purchaser for losses suffered. Really not sure what these would be as I cannot see a Court upholding a claim for the losses suffered in complying with SOGA.

Fraud is a different issue - that is criminal law. Thought that was obvious.

Bowling_4_Gold

oliverp wrote: »

A lot of the items Makro sell state not for business use, or for domestic use only.

The instruction manual for the iron, states for domestic use only.

That really makes absolutely no difference whatsoever. You are implying that everything bought from Makro by a business must be used by that business.

Even people with extremely limited business knowledge know that a business buys goods to sell; the business could have bought 5 of these irons to sell on which is entirely viable and is what Makro expect their goods to be bought for.

You are posing as a business/trade user when you purchase items from Makro, Costco and any other wholesaler. The same rights DO NOT apply. I suggest you research the Trade to Trade 'rights' compared to the Consumer rights before you post another comment thinking you have it all sussed out.

Sorry for being harsh

Tozer

Bowling_4_Gold wrote: »

That really makes absolutely no difference whatsoever. You are implying that everything bought from Makro by a business must be used by that business.

Even people with extremely limited business knowledge know that a business buys goods to sell; the business could have bought 5 of these irons to sell on which is entirely viable and is what Makro expect their goods to be bought for.

You are posing as a business/trade user when you purchase items from Makro, Costco and any other wholesaler. The same rights DO NOT apply. I suggest you research the Trade to Trade 'rights' compared to the Consumer rights before you post another comment thinking you have it all sussed out.

Sorry for being harsh

See above. Question of fact. Position at law - you cannot contract out of consumer rights (Unfair Contract Terms Act 1977).

Bowling_4_Gold

Tozer wrote: »

See above. Question of fact. Position at law - you cannot contract out of consumer rights (Unfair Contract Terms Act 1977).

I'm not exactly a lawyer, nor do I ever attempt to be, but I am sure the Consumer Protection Act(s) do not apply to 'Trade to Trade' companies, and as the only customers Makro and the like deal with are Trade customers (that's a fact), the CPAs do not apply. As a contract was never formed between Makro and 'the consumer', how can 'consumer rights' apply?

Personally, I feel the OP is over the moon when s/he finds a bargain at Makro, but has a rant when they find out the same 'protection' does not apply. This is the exact reason why Makro and the like should be exclusive shops for genuine trade enquirers only.

Sorry for the rant:D

digp

If you are not exactly a lawyer, what are you?

oliverp_2

Bowling_4_Gold wrote: »

I'm not exactly a lawyer, nor do I ever attempt to be, but I am sure the Consumer Protection Act(s) do not apply to 'Trade to Trade' companies, and as the only customers Makro and the like deal with are Trade customers (that's a fact), the CPAs do not apply. As a contract was never formed between Makro and 'the consumer', how can 'consumer rights' apply?

Personally, I feel the OP is over the moon when s/he finds a bargain at Makro, but has a rant when they find out the same 'protection' does not apply. This is the exact reason why Makro and the like should be exclusive shops for genuine trade enquirers only.

Sorry for the rant:D

Makro sells many lines which are priced at around the same as high street shops, I can't think of one non food line which has any resale potential.

I hadn't sussed out anything, I was just adding further information to the thread. But hey, I guess your abrasive style must entertain some people.

Bowling_4_Gold

digp wrote: »

If you are not exactly a lawyer, what are you?

I am the bamboozler! What colour does a smurf go when you strangle it?!?!;)