Dell consumer or business rights?

neilmcl

Can we just get a couple of things straight. You've now ordered 2 laptops, both with your business card I assume, to be delivered at you business address and even though you say its for personal use for the time being they will be classed as business assets. You've changed your mind about the first one but now realise you've made a mistake because at the time of ordering you were fully aware of the disclaimer that you agreed that you purchase was as a personal customer, not a business but you carried on regardless. The fact remains, for the time being at least, this laptop is a business asset and this was a b2b purchase imho.

smcaul

At the end of the day, Dell asked you to confirm the purchase was as a consumer, they dod not then ask you to ensure you paid by personal funds, neither did they stipulate that it be delivered to a non business address. As such, dell have accepted that this was a consumer purchase, as such they have to abide by the SOGA and the DSR. They do not have a choice.

smcaul

neilmcl wrote: »

Can we just get a couple of things straight. You've now ordered 2 laptops, both with your business card I assume, to be delivered at you business address and even though you say its for personal use for the time being they will be classed as business assets. You've changed your mind about the first one but now realise you've made a mistake because at the time of ordering you were fully aware of the disclaimer that you agreed that you purchase was as a personal customer, not a business but you carried on regardless. The fact remains, for the time being at least, this laptop is a business asset and this was a b2b purchase imho.

How do you work out it is a business asset? Just because the funds came from a business card does not make it automatically a business asset. As previously stated, I often use my business cards to buy personal goods, but it saves me transferring money around the banks, easier to just transfer internally on my accounts software.

neilmcl

OP, is your intention to declare this to HMRC as a personal purchase and thus taking it as a directors loan and pay back your company at a later date or are you going to transfer the laptop from you company to yourself?

foysal007

smcaul wrote: »

How do you work out it is a business asset? Just because the funds came from a business card does not make it automatically a business asset. As previously stated, I often use my business cards to buy personal goods, but it saves me transferring money around the banks, easier to just transfer internally on my accounts software.

It will only be a business asset if you claim through your company as a business expense, otherwise it doesnt matter as long as yo are not in debt with your company and you know that there is profit in your company then I believe you could possibly spend. However this is not good practice but not illegal either. Am I correct on this?

foysal007

smcaul wrote: »

How do you work out it is a business asset? Just because the funds came from a business card does not make it automatically a business asset. As previously stated, I often use my business cards to buy personal goods, but it saves me transferring money around the banks, easier to just transfer internally on my accounts software.

Yes, it is a business asset only if I CLAIM it as a business expense.

foysal007

neilmcl wrote: »

OP, is your intention to declare this to HMRC as a personal purchase and thus taking it as a directors loan and pay back your company at a later date or are you going to transfer the laptop from you company to yourself?

I do not have to declare this to HMRC as long as my business balance is correct at the end of the year , then I believe that is what matters. If I do declare it, then I will get some tax relief but it will become a business asset and I will not personally own it. thanks

unholyangel

smcaul i'm going to ignore you as you've been nothing but rude even though you've been proved wrong several times. Then you claim i'm giving wrong advice even though the things you claim i've said are wrong were directed at you and not the OP :cool:

The purpose of this thread isnt for you to inflate your ego, its to help the OP.

On a further note, this in live chat with a Dell employee:
22:24:54 Gill
Initial Question/Comment: Using business credit/debit card on a personal purchase
22:25:05 System You are now being connected to an agent. Thank you for using Dell Chat
22:25:05 System Connected with Bhanu_Koduru
22:25:10 Bhanu_Koduru Thank you for contacting Dell Sales Chat. This is Bhanu, your Sales Advisor.
22:25:10 Bhanu_Koduru In order to Help you better can you provide me with your email address and Telephone number in case we get Disconnected I can call
22:25:15 Bhanu_Koduru Hi Gill
22:25:40 Bhanu_Koduru How are you doing today ?
22:25:43 Gill
Hi, would you be able to tell me, if i order a personal laptop using business credit/debit card (my business owes me money) would the sale be classed as business or personal?
22:26:40 Bhanu_Koduru Yes, you can do it .......Do you want to buy on your personal name ?
22:27:18 Gill
Well it would be delivered to a business address (obviously i'm at work during normal working hours) and the debit card has both my name and my companies
22:27:33 Gill
just i'm aware if it was classed as a business transaction, it would affect my statutory rights as a consumer
22:27:58 Gill
but it wouldnt be claimed as a business expense and the laptop would be for personal use only at home
22:29:13 Bhanu_Koduru You mean both your Billing and Shipping address are same , Gill ?
22:29:30 Gill
Well yes. The shipping address would be the billing address of the card i used
22:30:03 Bhanu_Koduru Yes, you can do it.



I've removed my surname for obvious reasons. I have asked him specifically if i would be covered by the SOGA, waiting on a reply now

unholyangel

22:30:08 Gill
I just wanted clarification on whether it would be classed as a business sale or personal, as obviously my rights and obligations differ depending.
22:30:17 Bhanu_Koduru Let me help you order the machine on the chat
22:30:22 Gill And i would be covered by the Sale of Goods Act 1979?
22:32:51 Bhanu_Koduru What is this ACT , Gill ?
22:33:32 Gill Its a UK consumer Act that gives me the right to repair/replace/refund (providing cost efficient for the retailer) if the goods are faulty
22:33:40 Gill
basically a law to protect consumers in the UK .
22:33:57 Bhanu_Koduru Yes, it is ......We have 7 days return policy.
22:34:17 Gill
I dont buy anything for personal use unless i'm covered by it.
22:34:32 Gill The Sale of Goods Act covers a lot longer than 7 days
22:34:44 Gill Hence why i am asking.
22:35:30 Bhanu_Koduru The machine comes with the 1 Year standard warranty .
22:35:42 Gill
Could you possibly find out for me and email me the answer?
22:36:41 Bhanu_Koduru Sure, I will try to find out about it and email you.
22:37:03 Gill
The 7 days returns policy, does that include cancellations too? If (theoretically) i decided to go for a different laptop from Dell? Would you allow me to amend/cancel my order so i could order the other one?
22:37:23 Gill Just i'm currently stuck between 3 laptops. I've been digging up online for reviews and they all looks equally as good
22:38:28 Bhanu_Koduru Yes, you can cancel the machine in 7 days.
22:39:58 Gill
Ok thats perfect thanks

foysal007

wow unholy angel!! I cant believe you have done so much work to get an answer from them! nice one! cant wait for a response


thanks