Makro and refund problems

gordikin

halibut2209 wrote: »

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"

When was the last time the OP logged on to MSE?

halibut2209

My apologies. We are talking about the person that bumped this thread with a legitimate question, rather than the original poster. So kudos on a pointless irrelevant retort. How about helping the person in question?

Jennifer

I was the one who "bumped" the thread. It would have been helpful to know about the SOGA problem and Makro before I visited the store.
I went with a letter prepared from a MSE template but was stopped in my tracks at customer services.
Updated returns policy wording on the latest Makro receipts includes:-
"As Makro is your business to business cash and carry wholesaler....... In order to bring you better value, Makro excludes (as far as permitted by law) any implied warranty, condition or other term as to quality and fitness for purpose....."

I must admit that I do not understand the phrasing but is this Makro "contracting out?"

Incidentally, the kettle manufacturer did not want to help me either and referred me to the "retailer".
J

neilmcl

squeaky wrote: »

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

As we've constantly tried to point out, yes.

Equaliser123

gordikin wrote: »

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?

Even if you are a business, you remain covered by SOGA!!!

squeaky

Equaliser123 wrote: »

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

Sorry, I wasn't arguing the point with you guys and obviously didn't explain myself very well.

Judging by the quoted statements by or on behalf of Makro, they are likely to argue the point.

fyr

I wonder how the staff will deal with non trade customers now they have Outlet Stores, and on line store anyone can buy from?

arcon5

Jennifer wrote: »

I was the one who "bumped" the thread. It would have been helpful to know about the SOGA problem and Makro before I visited the store.
I went with a letter prepared from a MSE template but was stopped in my tracks at customer services.
Updated returns policy wording on the latest Makro receipts includes:-
"As Makro is your business to business cash and carry wholesaler....... In order to bring you better value, Makro excludes (as far as permitted by law) any implied warranty, condition or other term as to quality and fitness for purpose....."

I must admit that I do not understand the phrasing but is this Makro "contracting out?"

Incidentally, the kettle manufacturer did not want to help me either and referred me to the "retailer".
J

No,

anything on the receipt is irrelevant. At the point of being given a receipt the sales has been completed. It would be pre-contractual information that counts -- however, usually whats on the receipt matches notices around the store.

Back to your original op though..
the problem is after 6 months the burden of proof that the fault is inherent is on the consumer, this would be achevied by an independant report (for which they should reimburse you if it turns out to be inherent).

Flyboy152

Techhead wrote: »

You're right that it doesn't apply to a business purchase. So you would be claiming under any Samsung commercial warranty.

I believe its now traditional for an argument to develop about whether Makro is a trade supplier.

MAkro are a retailer if the purchase was for personal use and/or the customer was a member on an individual membership.

OP, I would recommend that you restrict such purchases to Costco, their returns policy is far better.



ETA: AAAAHHHH Why do people resurrect old threads, why not just start a new one.