Handling fee on a Sale of Goods Act return

halibut2209

So you asked what you wanted, they told you what you needed, so you bought it.

Open and shut case (in your favour obviously)

ThumbRemote

bris wrote: »

The goods wern't faulty and the op didn't do his own due dilligence as to the parts he needed. It could very well be argued that the goods ordered were supplied, in fact as he discovered the bolt required was easy to obtain, as they all are, so the goods were in fact as described.

SOGA doesn't even come close to this one, get better at DIY if you are going to do these things yourself. You have no case as a judge would just laugh at the fact it was a 70p bolt required to do the job.

You really don't have a clue about consumer rights, do you?

shaun_from_Africa

bris wrote: »

The goods wern't faulty and the op didn't do his own due dilligence as to the parts he needed.

Correct. They weren't faulty, just not fit for purpose so a full refund is due under the SOGA.

tomwakefield

TRT wrote: »

I know. Forums. Tsh!

They looked it up on their in-store terminal whilst I was stood at the counter.

This is the critical point - you asked them for a product that would do xyz and the one they sold you doesn't.

Buzby

I don't k ow if this is the same firm, buy my local EuroCar Parts is a trade supplier that will (if asked) supply for cash if someone asks them to, however they have no need for compliance to SOGA as they are a B2B enterprise (just the same as Makro) and returns etc are on contract terms - not SOGA.

So a small claims action may well be futile (and costly if their trade status is upheld).

wealdroam

Buzby wrote: »

...they have no need for compliance to SOGA as they are a B2B enterprise...

Of course they need to comply with SoGA.

By coincidence, I've just posted this:
http://forums.moneysavingexpert.com/showpost.php?p=62592289&postcount=34

TRT

From their corporate website:
"Each day, 1,850 Euro Car Parts vans and bikes and make over 30,000 deliveries to independent and franchised garages, bodyshops and fleet service centres across the UK. In addition, over 400,000 retail customers regularly visit our stores for DIY parts, car care products and accessories."

shaun_from_Africa

Buzby wrote: »

I don't k ow if this is the same firm, buy my local EuroCar Parts is a trade supplier that will (if asked) supply for cash if someone asks them to

If they are willing to supply goods to consumers then it is not a B2B transaction and consumers can't be forced to sign away their statutory rights by agreeing to their T&C's.
Anyway, the SOGA applies to B2B transactions as well as B2C, it's just that there are some parts that are for consumer sales only.
S13 which applies to all contracts of sale states that goods must be as described and if the OP purchased a part described as being a suitable replacement and this was not the case, then they are entitled to a full refund.

Even if buying from Makro (which advertises itself as trade only), a buyer can still be legally classed as a consumer and not a business customer.

http://www.legislation.gov.uk/ukpga/1977/50/section/25

consumer contract means [F1subject to subsections (1A) and (1B) below] a
contract F2. . . in which (a) one party to the contract deals, and the other party to the contract (the consumer) does not deal or hold himself out as dealing, in the course of a business, and

(b) in the case of a contract such as is mentioned in section
15(2)(a) of this Act, the goods are of a type ordinarily supplied for private use or consumption; and for the purposes of this Part of this Act the onus of proving that a contract is not to be regarded as a consumer contract shall lie on the party so contending;