Faulty Washing Machine from Makro as business - Any rights?

Meelo

Taxiphil/Equaliser123,

I was wondering if either of you (or anyone else who knows) could help me? I am in the process of trying to return a television to Makro, which I bought a couple of months ago. The sound quality was terrible and although on my intial attempt to return the television, the staff agreed the sound was poor, they said it would need to be sent to Sharp for a repair. I wanted a refund instead but they refused.

I therefore wrote to request a refund about a month ago, I received no response so sent a second letter stating I would take legal action. They then called me and again offered to send the TV for repair, but I just want a refund (after reading reviews since purchasing many others agree the sound quality on the TV is poor and hence I don't think it can be repaired and just want my money back so I can buy a different model instead).

So I am at the stage where I will be submitting a claim via the online small claims service. I just wondered, who do I address the claim to? Is it Makro, head office, Makro, the individual store purchased from or the manager of the store purchased from? When I have been writing I have been addressing letters to The Store Manager of the branch in question and not head office (I don't have his/her name, and I don't know if I should have already contacted head office by this stage).

Any help would be much appreciated. Thanks.

neilmcl

How long exactly was it between the purchase and you contacting them about the fault? It may well be that you're outside what would be classed as a reasonable period to reject the TV for a full refund, in which case the retailer may well be within their rights to offer a repair in the first instance and you could well be wasting your time with a small claims action.

Equaliser123

Meelo wrote: »

Taxiphil/Equaliser123,

I was wondering if either of you (or anyone else who knows) could help me? I am in the process of trying to return a television to Makro, which I bought a couple of months ago. The sound quality was terrible and although on my intial attempt to return the television, the staff agreed the sound was poor, they said it would need to be sent to Sharp for a repair. I wanted a refund instead but they refused.

I therefore wrote to request a refund about a month ago, I received no response so sent a second letter stating I would take legal action. They then called me and again offered to send the TV for repair, but I just want a refund (after reading reviews since purchasing many others agree the sound quality on the TV is poor and hence I don't think it can be repaired and just want my money back so I can buy a different model instead).

So I am at the stage where I will be submitting a claim via the online small claims service. I just wondered, who do I address the claim to? Is it Makro, head office, Makro, the individual store purchased from or the manager of the store purchased from? When I have been writing I have been addressing letters to The Store Manager of the branch in question and not head office (I don't have his/her name, and I don't know if I should have already contacted head office by this stage).

Any help would be much appreciated. Thanks.

You sue at their registered office.

Go a bit careful as it may be that the item isn't actually faulty - just rubbish.

Equaliser123

Limit wrote: »

You have repersented yourself as a business (using a business membership) to makro making it a b2b transaction hense making SoGA not apply fully as it would in a business to consumer transaction surely

(You also run the risk as other posters have said in loosing your makro membership)

This has been covered lots of times. Whether it the OP was acting as a consumer is a matter of law and fact - SOGA cannot be excluded by means of a contractual term saying that the transaction is B2B.

In any event, SOGA still applies in B2B transactions unless excluded by lawful terms which must satisfy the reasonableness test of the Unfair Contract Terms Act.

Your last point is right but I cannot see Makro doing that.

Meelo

Equaliser123 wrote: »

You sue at their registered office.

Go a bit careful as it may be that the item isn't actually faulty - just rubbish.

Thanks for your response Equaliser, I have written to registered office with copies of the letters I sent to the individual store and am hoping they may be of more help.

Do I not have grounds to seek a refund if the item is just rubbish? Although it's not the most expensive 32" TV on the market, it isn't the cheapest either so I would expect at least fairly decent sound for the £350 I paid. I would have thought that because their technical people tested the television set in store and admitted that there was a problem with the sound, then I should be ok to pursue a refund through the Courts Service if it comes down to that (which I think it probably will)? I have been using the phrase "not of satisfactory quality" in my correspondence after seeking guidance from the Consumer Direct website.