Can I use the EU directive 2 year warranty?

little_princess

Hi All,

I hope someone can help me with this problem. I purchased an IRobot Roomba from Macro approx end of June 2008. It stopped working about 8 months ago, but as the UK repair centre Domotec stopped trading and I didnt want to send it to Germany, I have not done anything about getting it repaired.

However I have recently found out that there is an EU directive that gives goods a 2 year warranty.

My question therefore is, does anyone know if it is possible to return the Roomba to Macro for either a repair or refund?

Many thanks for any replies. :A

little_princess

Jill_ Thanks for your reply, which part of the sale of goods act can I use? and would it be to request a repair, replacement or refund?

Judas

Probably unlikely to have any chance for a variety of reasons.

little_princess

Hi Judus, Why so?

Judas

little_princess wrote: »

Hi Judus, Why so?

1) Makro is a Business to Business seller. SOGA doesn't apply to B2B
2) You were offered a repair previously; which is in my view a fair remedy and rejected it.
3) There is a burden of proof for you to prove it is faulty and that was not fit for the purpose or not durable enough
4) Timescales - You have to minimise any losses and ignoring it for a period of time arguably didnt do this.

Equaliser123

Judas wrote: »

1) Makro is a Business to Business seller. SOGA doesn't apply to B2B
2) You were offered a repair previously; which is in my view a fair remedy and rejected it.
3) There is a burden of proof for you to prove it is faulty and that was not fit for the purpose or not durable enough
4) Timescales - You have to minimise any losses and ignoring it for a period of time arguably didnt do this.

To be clear. SOGA DOES apply in B2B transactions. It can be disapplied by contracting out of it. If dealing as a consumer as a matter of law and fact, then SOGA cannot be contracted out of.

This comes up quite often. Purely because Makro say it is a B2B transaction does not automatically make it so.

unholyangel

Equaliser123 wrote: »

To be clear. SOGA DOES apply in B2B transactions. It can be disapplied by contracting out of it. If dealing as a consumer as a matter of law and fact, then SOGA cannot be contracted out of.

This comes up quite often. Purely because Makro say it is a B2B transaction does not automatically make it so.

damn, here i thought if i said i was a multi millionaire princess it would make it true spoil all my fun

Judas

Jill_ wrote: »

But on the Macro sign up form it says you are buying on behalf of a business and any consumer rights are void

Sadly the law is so in favour of consumers that they are allowed to sign fraudulent information and still retain their rights.

unholyangel

Jill_ wrote: »

But if a consumer is presenting themselves as a trader or as a repersentitive as a business (as thats a requirement to join Macro/Costco et al)surely its a b2b transaction

I'm completely ignorant here regarding this legislation but surely you could argue that it is not b2b as you are not selling it on and are using it personally? Therefore it has been bought for personal purposes rather than commercial?

unholyangel

Jill_ wrote: »

But to be a member of Macro/Costco and others you are declaring you are a trader or repersenting a company and buying on behalf of them so surely that means its a b2b transaction?

Hmm true. Makro could say the customer is guilty of misreprestation and obtaining goods by fraudulent means. It does state on their website "To be entitled to a Makro Tradecard, you need to be in business or authorised to buy on behalf of a business."

unholyangel

Jill_ wrote: »

So it would be a b2b transaction then? Unless the OP has misrepersented themselves

Based on the requirements to obtain a Makro card, the customer has to either accept they are a business (at least while shopping at makro) or admit they arent entitled to the card and should never have been able to buy the goods in the first place.

So yeah i'm agreeing its a b2b transactions based on the card requirements.

TBH i just cant believe its been kept for 8 months even though its not working but then i'm going through a "anti-hoarding" phase to try and keep my house clutter free lol