We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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

1457910

Comments

  • stugib
    stugib Posts: 2,602 Forumite
    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?
  • 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
    Tozer Posts: 3,518 Forumite
    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
    Tozer Posts: 3,518 Forumite
    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
    stugib Posts: 2,602 Forumite
    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
    Stephb1986_2 Posts: 6,279 Forumite
    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
    Tozer Posts: 3,518 Forumite
    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
    Bowling_4_Gold Posts: 1,771 Forumite
    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 Branson
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    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
    OlliesDad Posts: 1,825 Forumite
    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.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 346.5K Banking & Borrowing
  • 251.3K Reduce Debt & Boost Income
  • 451.3K Spending & Discounts
  • 238.7K Work, Benefits & Business
  • 614K Mortgages, Homes & Bills
  • 174.7K Life & Family
  • 251.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.