Can i return my TV?

ink-man

I bought a Sony Ex40 From MAKRO about 3 or 4 months ago, at first it was fine but now quite often it will lock up and after a minuet or so switch itself of with a bang and then on again. I have spoken to Sony and have done as they say and update the firmware but the problems still exist.
Having looked at other forums it would seem I am not alone, can I take this TV back and get a full refund? What are my rights?

Freddie_Snowbits

Less than 6 months, it is the place you bought it from resposnsible for the repair or replacement. Have you still got the reciept, then go to them.

Hintza

Business to business transaction so you will not be covered by retail laws. Others will know ore than me though.

neilmcl

Hintza wrote: »

Business to business transaction so you will not be covered by retail laws. Others will know ore than me though.

Here we go again. Has the OP given any indication that it was a business purchase? Shopping at Makro doesn't automatically make it a B2B transaction. This has been discussed at length before.

shaun_from_Africa

Here we go again. Has the OP given any indication that it was a business purchase? Shopping at Makro doesn't automatically make it a B2B transaction.

To be a Makro card holder you must be running a business or be part of that business, and even though you are allowed to bring in a guest, it is clearly stated in their T&C'c that all purchases must be made by the card holder, and that all transactions are considered B2B transactions.

14. The Tradecard allows admission to a maximum of two persons at any one time one of whom must be an authorised user.
The other may be any person to assist the authorised user but he/she may not make any purchases.

3. Goods for sale are intended for and sold on the condition that they are for re-sale, commercial or industrial use only. Private individuals may not make purchases, and any Holder is deemed to have purchased for business use and is not considered to be a consumer.

Irrespective of this, I'm sure that the majority of the SOGA still applies to business buyers and so the TV should be repaired, replaced or refunded.

neilmcl

Their T&Cs cannot overwrite the OPs statutory rights, if he misrepresented himself by using the card for a private purchase then that's an entirely different issue, the OP would still be classed in law as a consumer as a matter of fact not a business and would still be entitled to a remedy under the SOGA.

shaun_from_Africa

Makro is legally considered a trade only retailer which is why they are allowed to open on a Sunday for more than the 6 hours permitted for large retail outlets. (The sunday trading act regulates this).
Tesco, Costco, Waitrose etc are B2C outlets and are limited to a maximum 6 hours opening on Sunday.
Makro is a B2B outlet which is why they can stay open far longer on a Sunday and not face prosecution.

If the law considers them a trade only outlet, then the law must consider all sales to be trade sales.

OlliesDad

shaun_from_Africa wrote: »

Makro is legally considered a trade only retailer which is why they are allowed to open on a Sunday for more than the 6 hours permitted for large retail outlets. (The sunday trading act regulates this).
Tesco, Costco, Waitrose etc are B2C outlets and are limited to a maximum 6 hours opening on Sunday.
Makro is a B2B outlet which is why they can stay open far longer on a Sunday and not face prosecution.

If the law considers them a trade only outlet, then the law must consider all sales to be trade sales.

Whether somebody is a consumer is a matter of fact, no matter what a contract states. Therefore consumer rights will still apply.

Makro could claim back any costs for the person misrepresenting themselves, but in all reality there are none. Of course Makro could also ban the person from using their stores again.

shaun_from_Africa

Their T&Cs cannot overwrite the OPs statutory rights, if he misrepresented himself by using the card for a private purchase then that's an entirely different issue,

Shopping at Makro doesn't automatically make it a B2B transaction.

I realise that a shops T&C's can't take precedance over your statutory rights, but surely due to the fact that Makro is not legally allowed to sell to non trade customers, and all members have signed a declaration stating that they are trade or business and not retail customers, all sales must in fact be B2B transactions.

OlliesDad

shaun_from_Africa wrote: »

all members have signed a declaration stating that they are trade or business and not retail customers.

Therefore by buying and using for personal use is a breach of the terms of membership and Makro can claim any costs for this breach, but Consumer rights will still apply as they are a consumer(as stated, this is a matter of fact just like the sky is blue and the grass is green).

This is something that has been discussed in full before, if you search for Makro on these Forums most discussions result in this debate.

ink-man

Ok thanks to all, I guess I will take it back and see what happens.