Makro and consumer rights?

jennymadmum

As requested by 'Manchester Deal Seeker' I've emailed their customer services department again (I'd already done that as the first port of call; after visiting the store that is...) I'll let you all know if I get anywhere. I've also been speaking to trading standards and they said that parts of the SOGA still applies and I might also have a case with the 'contract' and it's stated and implied terms (ie: providing goods in working order). I've to contact them on Monday for further guidance.

My other issue with this was with the fact that we often buy goods for resale and with xmas coming up, we were thinking of buying a bundle of these as well as other electrical goods as they do have some good offers but i'll wait to see how they handle this first as I don't want to end up in a situation where we have to refund our customers and end up with a load of faulty items having to be sent for repair, once repaired, we will need to reduce them and that will of course effect our profit margin and may in effect render the deal worthless. We wouldn't dream of refusing a refund or 'sending for repair' (unless the customer wanted that of course) as we care about our customers so watch this space folks...

jennymadmum

Update:

Just to let you know that I emailed the customer services department again (as requested above) and explained the whole situation again. They have said they'll be happy to offer a replacement or refund if I bring it back to the store again. I intend to do that on Monday (can't get in before then) so here's hoping it'll go smoothly. If so, well done Makro for taking notice of your customers and getting it sorted - if not, I'll let you know what happens and where we go from here.

Take care and thanks everyone for your help, in the nicest possible way I hope you don't hear from me again! lol

Jen

tdw

A slight thread hijack. I bought a TV from Makro just under 6 months ago, I noticed a fault recently and took it back, they refused to do anything in store and insisted that I call their repair line. I had already spoken to the manufacturer who sent me a firmware on USB but the USB Port was also discovered to be faulty, the manufacturer said take it back to the store.

I had a visit from the Makro repair company engineer who said that the main board was faulty. I told him to request a replacement or refund. I was called today by the repair company and was told that Makro refused a refund or replacement and would only offer a repair.

What would be my best course of action? After doing some research I found that there are other people with the same Samsung tv with identical issues so it is a common problem.

Any advice for me please?

Thanks

Edit: Just to add I bought this on my personal mastercard.

tdw

I took the TV back to Makro, they insisted that I had to have it repaired only and were not obliged to replace or refund.

I was forced to accept a repair, received the TV back. After setting it up I noticed damage, some chips on the bottom frame. The TV appeared to work fine, the video source problem seemed to have been solved - apparently the logic board was changed. After 3 days the same fault appeared and it was worse than before. I complained to Makro again and they arranged for the company to collect the TV again.

Do I have any rights here?

Freddie_Snowbits

No, it is a business transaction

Equaliser123

Freddie_Snowbits wrote: »

No, it is a business transaction

No it isn't. See the other threads!

Even IF it was a business to business transaction, SOGA still applies.

This is almost worth a flipping sticky....

gordikin

Equaliser123 wrote: »

No it isn't. See the other threads!

Even IF it was a business to business transaction, SOGA still applies.

This is almost worth a flipping sticky....

It's Freddie and he's often wrong!

tdw

What would you advise me to do?

When I first took my TV back to Makro I spoke to the manager, he said that trading standards agreed that the same rights did not cover B2B and the only option was a repair.

Is there anything I can put to them to back up a replacement or refund under SOGA?

I e-mailed consumer direct and was told:
Based on the information supplied within your e-mail it appears as though you would need to check the terms and conditions supplied by Makro. You should read thoroughly all detail provided when you took out the Makro card and also the terms on the receipt.

Makro is a trade seller and therefore Consumer Law cannot be applied to purchases made from this trader. A person buying goods from Makro would be deemed a business person and therefore you are bound by whatever is within the terms provided by the trader.


So what do I do now?

Thanks

Equaliser123

tdw wrote: »

What would you advise me to do?

When I first took my TV back to Makro I spoke to the manager, he said that trading standards agreed that the same rights did not cover B2B and the only option was a repair.

Is there anything I can put to them to back up a replacement or refund under SOGA?

I e-mailed consumer direct and was told:
Based on the information supplied within your e-mail it appears as though you would need to check the terms and conditions supplied by Makro. You should read thoroughly all detail provided when you took out the Makro card and also the terms on the receipt.

Makro is a trade seller and therefore Consumer Law cannot be applied to purchases made from this trader. A person buying goods from Makro would be deemed a business person and therefore you are bound by whatever is within the terms provided by the trader.


So what do I do now?

Thanks

Both Trading Standards and Makro are wrong. Last time I looked, the SOGA had not been contracted out of in their T's and C's. Even they had tried to then it would be subject to the Unfair Contract Terms Act 1977 which would have the consequence of:

a) If you are a consumer as a matter of fact, then SOGA cannot be contracted out of.

b) If you were acting as a business, then whether the exclusion applies or not would depend on whether the contractual term satisfies the "reasonableness test".

Freddie_Snowbits

Again, no. But you could ask them to repair it