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Iron bought from Makro - are they exempt from consumer rights?
Comments
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Not sure I understand the question? When would Makro and customer be B2b? Whenever the customer is acting in the course of a trade or business.
Surely the wholesaler deserves some protection that they're allowed to define their terms of business and expect purchasers to enter into a contract on that basis?0 -
But I dont believe they have contracted out of the applicable laws. You have agreed that you are not consumer and therefore its a matter of fact you are not buying for consumer purposes.0
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LinasPilibaitisisbatman wrote: »But I dont believe they have contracted out of the applicable laws. You have agreed that you are not consumer and therefore its a matter of fact you are not buying for consumer purposes.
Well I am certainly not buying in the course of a trade or business thus I am a consumer.
The terms will NOT override the particular provisons of the SoGA as they would be held as unfair and unenforceable.
Section 5(2) Unfair Contract Terms Act 1977: (a) goods are to be regarded as “in consumer use” when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business;0 -
Section 5(2) Unfair Contract Terms Act 1977: (a) goods are to be regarded as “in consumer use” when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business;Yes, the wholesaler could terminate the membership contract with the consumer.
(a) using SoGA as (possibly) the last thing they'll be able to do before having membership terminated, or
(b) writing off the product.
Still sounds a bit illogical but less of an 'expecting the best of both worlds'.0 -
If you are not a business and are buying from makro make sure you don't buy a tv or anything electrical from there as with a tv they send the form off for a tv license. We got one for a friend and got a letter off the tv license people in his name but at our work address.
It is much harder to get a costco card than it is a makro card.
We buy many irons from Makro and Costco as we run a ironing service, I'm sorry but £80 isn't much for a steam generator iron we go through 2 a year! We had a problem with a Tefal one we bought from Costco about 6 months ago we rang Tefal and they replaced it.
They are a throw away thing now irons instead of fixing them.
Steph xx0 -
Thanks, that was the missing piece of the jigsaw for me.
Ok, so if the purchaser has a problem with their product they have the choice of
(a) using SoGA as (possibly) the last thing they'll be able to do before having membership terminated, or
(b) writing off the product.
Still sounds a bit illogical but less of an 'expecting the best of both worlds'.
Agreed. In theory they could sue for losses flowing from the breach - which MAY be the cost of complying with the consumer legislation. Would be a tricky one to prove though...0 -
Stephb1986 wrote: »It is much harder to get a costco card than it is a makro card.
Not sure about that... At Costco, you can be a business or a civil servant, where as at Makro, you have to be a business (to my knowlege)...The quickest way to become a millionaire is start off as a billionaire and go into the airline business.
Richard Branson0
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