Samsuns TV broken within warranty, want replacement!

Poppy9

Tozer wrote: »

Not strictly correct as it depends on the circumstances (i.e. whether you are buying as a consumer or not).

See my comments in respect of the Makro thread.

I thought Makro only allowed "trade" customers to buy. I used to have a Makro account when OH had his own business but since then I've had to use a friends account as they said they don't give to personal customers only traders.

Tozer

Poppy9 wrote: »

I thought Makro only allowed "trade" customers to buy. I used to have a Makro account when OH had his own business but since then I've had to use a friends account as they said they don't give to personal customers only traders.

They do - but it is a question of fact and law as to whether someone is actually acting as a consumer or business.

It is not possible to "contract out" by terms and conditions of the rights benefitting a consumer.

Poppy9

Tozer wrote: »

They do - but it is a question of fact and law as to whether someone is actually acting as a consumer or business.

It is not possible to "contract out" by terms and conditions of the rights benefitting a consumer.

So do Makro's T&C actually mean anything then in law because you have to accept their T&C before you can shop in there?

Ts & C:

"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.

Find this interesting as it's been pointed out that where I work (LA) you have to accept the council's internet policy before you logon (if you decline it won't let you logon) and you cannot see the internet policy until you are logged on as it's on their internal website so the acceptance is meaningless!

Tozer

Poppy9 wrote: »

So do Makro's T&C actually mean anything then in law because you have to accept their T&C before you can shop in there?




Find this interesting as it's been pointed out that where I work (LA) you have to accept the council's internet policy before you logon (if you decline it won't let you logon) and you cannot see the internet policy until you are logged on as it's on their internal website so the acceptance is meaningless!

Yes, they have effect in business to business transactions although in my view they go too far and will fail the "reasonableness test" set out in the Unfair Contract Terms Act 1977.

The UCTA also states that any term which tries to take away a consumer's rights is null and void.

MrSmartprice

Tozer wrote: »

Yes, they have effect in business to business transactions although in my view they go too far and will fail the "reasonableness test" set out in the Unfair Contract Terms Act 1977.

The UCTA also states that any term which tries to take away a consumer's rights is null and void.

It is only null and void if a court decides that it is, which would be done on a case by case basis. I always found this legislation a bit cumbersome in practice.

There are also the Consumer Transactions (Restrictions on Statements) Regulations which creates a criminal offence to attempt to deny a consumer his rights.