Makro and refund problems

Equaliser123

Jennifer wrote: »

Took a leaking kettle back to Makro today - over the 1 year g'tee period. Got as far as the duty manager who repeated the "we are wholesalers and not bound by the SOGA". A discressionary refund was not offered either.
You may as well bin goods over a year old if bought from Makro. In future I will only buy certain consumables there.

J

Or, alternatively, (and assuming it is reasonable to do so) stand up for your rights.

squeaky

I thought wholesalers sold to other companies and retailers? And retailers sell to Joe Public?

From Wiki:
Wholesaling, jobbing, or distributing is defined as the sale of goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services.[1] In general, it is the sale of goods to anyone other than a standard consumer.

Retail consists of the sale of goods or merchandise from a fixed location, such as a department store, boutique or kiosk, or by mail, in small or individual lots for direct consumption by the purchaser

Makro appear to be something of both. It must be a moot point whether or not the SOGA applies.

Equaliser123

squeaky wrote: »

I thought wholesalers sold to other companies and retailers? And retailers sell to Joe Public?

Makro appear to be something of both. It must be a moot point whether or not the SOGA applies.

No! It isn't a moot point at all.

SOGA applies in B2C and B2B sales. In B2B sales, it is possible to contract out of the implied warranties (other than s.12 in relation to title) but would be subject to the Unfair Contract Terms Act 1977 'reasonableness test'

If, as a matter of fact, the purchaser is a consumer (and, bizarrely, even companies have been found to be consumers), then SOGA WILL apply as it is not possible (again UCTA 1977) to contract out when dealing with consumers.

Optimist

Equaliser123 wrote: »

No! It isn't a moot point at all.

SOGA applies in B2C and B2B sales. In B2B sales, it is possible to contract out of the implied warranties (other than s.12 in relation to title) but would be subject to the Unfair Contract Terms Act 1977 'reasonableness test'

If, as a matter of fact, the purchaser is a consumer (and, bizarrely, even companies have been found to be consumers), then SOGA WILL apply as it is not possible (again UCTA 1977) to contract out when dealing with consumers.

Agree, The definition of a consumer for SOGA is taken from The UCTA section 12 (1)

a person deals as a consumer if they do not make the contract in the course of a business where the other person does. A Business can also be treated as a consumer if it is purchasing goods which are ordinarily supplied for private use or consumption.

Equaliser123

Optimist wrote: »

Agree, The definition of a consumer for SOGA is taken from The UCTA section 12 (1)

Cheers for that.

squeaky

So Makro's claim that SOGA doesn't apply is invalid?

gordikin

squeaky wrote: »

So Makro's claim that SOGA doesn't apply is invalid?

Yep, you can not contract out of your consumer rights....so if you're not a business you're covered by the SOGA if you buy from them...get it?

squeaky

Right.

So having established that the manager was incorrect - what are the options for the OP?

gordikin

squeaky wrote: »

Right.

So having established that the manager was incorrect - what are the options for the OP?

That the OP and you Squeaky (the BG) please use the search facility....this has been covered before...Makro & Dell comes to mind off the top of my head. 99% of questions on here have been covered before and in my opinion very well!

halibut2209

Though it's more helpful to the OP to give an answer with sources, rather than just say "Search, we've been there, done that"