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

stugib

Tozer wrote: »

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.

Yes, that's what I meant, and the reason why I can't quite follow your logic. It's B2B when the purchaser is buying for the business, but they've declared that's exactly what they're doing. I understand that in practice people will be buying for their own use and Makro are happy to turn a blind eye, but sounds like having your cake and eating it if you want the benefits of buying as a business, but the security of buying as a consumer. Otherwise, what's to stop a business taking back a faulty unit and claiming they bought it for their own use and invoking SOGA? Under what circumstances/criteria could Makro say this was a B2B transaction if the purchaser has this get out?

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?

LinasPilibaitisisbatman

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.

Tozer

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;

Tozer

stugib wrote: »

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?

Yes, the wholesaler could terminate the membership contract with the consumer.

stugib

Tozer wrote: »

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;

Thanks, that was the missing piece of the jigsaw for me.

Tozer wrote: »

Yes, the wholesaler could terminate the membership contract with the consumer.

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'.

Stephb1986_2

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 xx

Tozer

stugib wrote: »

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...

Bowling_4_Gold

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)...

OlliesDad

Tozer wrote: »

Yet again, neither Makro or any other company, can contract out of law.

Nobody is denying this, but it is contractual law that applies in a business to business contract not consumer law!

OlliesDad

Tozer wrote: »

Don't care if you agree or not.

YOU CANNOT CONTRACT OUT OF APPLICABLE LAWS!!!

Very true, but a contract can clarify which laws are applicable i.e. signing a contract to agree that you are a business using for commercial reasons.