Can I use the EU directive 2 year warranty?

Equaliser123

No it is not a business to business transaction if the OP was not actually acting in the course of a trade or business. In theory Makro could make a claim in respect of a breach of contract / misrepresentation but a) it is very unlikely and b) it is unclear what their damages would be.

By signing a contract saying that it is a business to business dealings cannot take away consumer rights (s.2 Unfair Contract Terms Act 1977).

There have also been cases where companies buying certain goods have been held not to be acting in the course of a trade or business and, for certain legislation, are acting as consumers when they are buying goods which are not ordinarily used in their business.

Equaliser123

Just checked Makro's T's and C's. I cannot see that they attempt to contract out of SOGA anyway so it will still apply irrespective of whether they are dealing B2B or B2C.

unholyangel

Equaliser123 wrote: »

Just checked Makro's T's and C's. I cannot see that they attempt to contract out of SOGA anyway so it will still apply irrespective of whether they are dealing B2B or B2C.

In some situations, you only have limited rights when things go wrong with your goods. These include where you have bought them:

• from a private individual - see under heading Buying goods from a private seller
• at some auctions - see under heading Auctions
• in the course of carrying out a business - see under heading Business to business sales
• where goods have been given to you - see under heading The goods were a gift.

from: http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

It then goes on to say:
If you buy goods for your business, the legal rights that you normally have as a private consumer may not apply.
If you have a problem with goods that you have bought for your business and you are unsure what your rights are, you may need to seek specialist advice.

---

So yes, it does matter whether it was b2c or b2b

Equaliser123

Jill_ wrote: »

But as we have discussed to obtain a mackro card to gain entry you have to present yourself as a trader or repersentitive of a business, so the OP has presented themselves as such making it a B2B transaction

Yes, so Makro have a cross-claim. It would not vitiate the contract.

Equaliser123

unholyangel wrote: »

In some situations, you only have limited rights when things go wrong with your goods. These include where you have bought them:

• from a private individual - see under heading Buying goods from a private seller
• at some auctions - see under heading Auctions
• in the course of carrying out a business - see under heading Business to business sales
• where goods have been given to you - see under heading The goods were a gift.

from: http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

It then goes on to say:
If you buy goods for your business, the legal rights that you normally have as a private consumer may not apply.
If you have a problem with goods that you have bought for your business and you are unsure what your rights are, you may need to seek specialist advice.

---

So yes, it does matter whether it was b2c or b2b

Note the emphasis : If you buy goods for your business, the legal rights that you normally have as a private consumer may not apply.

As I stated a couple of posts back, b2b transactions can disapply the effect of the SOGA (subject to the UCTA "reasonableness test"). However, SOGA does, per se, apply to B2B transactions.

vyle

Where's Esqui when you need him/her? His/her sig advertises that he/she will respond unfavourably to stuff about the Secret EU Law.

Equaliser123

Jill_ wrote: »

We are still talking that the OP has somehow misrepersented themselves re to apply for a makro card. As they have said they are either a business or repersenting a business. On that adviceguide link it states

Business to business sales

If you buy goods for your business, the legal rights that you normally have as a private consumer may not apply.
If you have a problem with goods that you have bought for your business and you are unsure what your rights are, you may need to seek specialist advice. A Citizens Advice Bureau may be able to help you find an appropriate specialist. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

We've done this. See posts above.

unholyangel

Equaliser123 wrote: »

We've done this. See posts above.

I think jills possibly trying to point out that "may not apply" doesnt mean that they will apply and obviously means that the SOGA doesnt apply as a whole. Parts of it may apply but other parts dont, so technically, a modified version of the SOGA applies and not the actual SOGA itself.

However, given the time we've spent discussing this, the OP hasnt said whats wrong with the Irobot roomba and why they didnt want to send it to germany for repairs (in my experience, german standards of service are higher than the UK).

Also, as i said earlier, i am unaware when it comes to b2b rights but from what i found online, in the case of faulty goods, the consumer has 14 days to return to the place of purchase, after which time they must refer to the retailer?

Esqui

vyle wrote: »

Where's Esqui when you need him/her? His/her sig advertises that he/she will respond unfavourably to stuff about the Secret EU Law.

Maybe if I was first or second to reply, but no point in doing so once it's been explained!

Next time >.>

unholyangel

Esqui wrote: »

Maybe if I was first or second to reply, but no point in doing so once it's been explained!

Next time >.>

awww come on, we've been discussing the same thing for 20 posts or so. Technically, its still relevant to the topic

dont mind me. insomnia has made me dumber than usual today