Good/Fair customer service

Jake-_2

Hello,

I am looking at starting up a small business, I did it with a few friends and it went well. I build computers, and am currently building my web-site.

I build gaming computers, so you are talking £1000 machines, very costly. I want to make the customer feel protected, because i'm not out to rip anyone off, but I also need to make sure i'm protected.

I want something that makes both sides happy.

Is this valid terms?

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When buying a PC from *company* please remember you are protected under the 'Private Sale Of Goods Act'. All PC's built will be as described in accordance to this, and the uses you specify in this form. In a given quote, all component brand and model numbers will be provided for you to look up and ensure they are fit for purpose. Once you are 100% happy with the selection of components and payment is made you have 24 hours to change your mind, after this period you have 'accepted' the goods, and a refund is no longer possible. Components are purchased from a 3rd party company, they ship goods via DPD Next Day. Once goods have arrived we will begin building the PC and this voids there return policy. Any postage costs paid will be deducted from the refund, this includes the delivery and return of items.

We want to be open and honest, and give you the best possible service. Feel feel to contact us any time with any questions direct via my email, or to get your quote!click here.

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I did a lot of research into this minefield of legality. So I drew up these terms, Any thing that makes this more viable, or fair will be greatly appreciated.

ThumbRemote

These terms are not legal.

You need to read up on the Distance Selling Regulations in particular. Anyone buying from you at a distance is able to send you goods back within a set period (minimum of 7 working days) after purchase for a full refund, including original courier costs.

OlliesDad

Jake- wrote: »

Hello,

I am looking at starting up a small business, I did it with a few friends and it went well. I build computers, and am currently building my web-site.

I build gaming computers, so you are talking £1000 machines, very costly. I want to make the customer feel protected, because i'm not out to rip anyone off, but I also need to make sure i'm protected.

I want something that makes both sides happy.

Is this valid terms?

---

When buying a PC from *company* please remember you are protected under the 'Private Sale Of Goods Act'. All PC's built will be as described in accordance to this, and the uses you specify in this form. In a given quote, all component brand and model numbers will be provided for you to look up and ensure they are fit for purpose. Once you are 100% happy with the selection of components and payment is made you have 24 hours to change your mind, after this period you have 'accepted' the goods, and a refund is no longer possible. Components are purchased from a 3rd party company, they ship goods via DPD Next Day. Once goods have arrived we will begin building the PC and this voids there return policy. Any postage costs paid will be deducted from the refund, this includes the delivery and return of items.

We want to be open and honest, and give you the best possible service. Feel feel to contact us any time with any questions direct via my email, or to get your quote!click here.

---

I did a lot of research into this minefield of legality. So I drew up these terms, Any thing that makes this more viable, or fair will be greatly appreciated.

It looks like you are violating quite a few laws there. For one, as you are a business selling to consumers they have the right to rescind the contract up to 7 days starting the day after delivery. If they do you must return all monies paid including the delivery charge they paid. You may include a term meaning that they are responsible for return delivery costs.

Also, there is no such thing as "Private Sales of Goods Act". The actual Sales of Goods act has many clauses that you should read up on, the OFT has a good guide for you to read.

Jake-_2

Thanks for a quick reply, i will not be selling long distance. I plan to keep it fairly local (ill meet every customer to discuss parts).

I understand its not compliant to sale of goods act, on certain areas on the internet it talks about private sale of goods, and how it must be as describes, but they don't have all the rights, does this not apply?

Is there a way of wording it so that the sale of goods act is with the 3rd party and then a way of selling the service to build the PC, would this protect me more.

I have no doubts in my products i pick, and/or my services. And if i make a mistake im aware i would have to pay for replacement parts. My fear is a customer will order, ill built it, they seem happy with it. Then say a week later they wish they never bought it and try to go get a refund, if i refuse they go all legal on me. Then i have a £1000 worth of computer that i didn't want.

OlliesDad

Jake- wrote: »

I understand its not compliant to sale of goods act, on certain areas on the internet it talks about private sale of goods, and how it must be as describes, but they don't have all the rights, does this not apply?

Is there a way of wording it so that the sale of goods act is with the 3rd party and then a way of selling the service to build the PC, would this protect me more.

I have no doubts in my products i pick, and/or my services. And if i make a mistake im aware i would have to pay for replacement parts. My fear is a customer will order, ill built it, they seem happy with it. Then say a week later they wish they never bought it and try to go get a refund, if i refuse they go all legal on me. Then i have a £1000 worth of computer that i didn't want.

No, this is not a private sale as you are working as a business. The Sales of Goods Act is quite specific that the contract will be between you and the customer.

Could you arrange some sort of Service Level Agreement with your supplier to ensure that they will offer a remedy in the event of a failure.

Jake-_2

Its SCAN.co.uk, i doubt they would

Thanks again for all your help, i would rather find a solution that suits everyone before i try to trade.

May i ask what is there huge amounts of difference between the 'Sale of Goods Act' and 'Supply of Goods and Services Act'? and which does buying the components and building a PC come under?

OlliesDad

Jake- wrote: »

Its SCAN.co.uk, i doubt they would

Thanks again for all your help, i would rather find a solution that suits everyone before i try to trade.

May i ask what is there huge amounts of difference between the 'Sale of Goods Act' and 'Supply of Goods and Services Act'? and which does buying the components and building a PC come under?

I would say that as you are selling a final complete product you would be bound by SoGA.. If they were buying the parts and you were just building the PC, then I would say it was the Supply of Services Act.

Jake-_2

OlliesDad wrote: »

If they were buying the parts and you were just building the PC

I did think of that, however they would be able to tell how much profit i was making (which is about £50 per PC), however that's about 5 hours of my time, more than i earn in my day time job

Could i order majority of the components, and ask the customer to purchase 1 vital component to the PC, such as Motherboard or processor, something that without it, the PC would not work. Would that be Supply Of Services, or if it come down to it still be SoGA?

Probably a bit hard explaining that to someone anyway

unholyangel

Your terms still arent legal even disregarding distance selling element.

Under SoGA, consumers have a reasonable length of time to reject goods if they do not conform to contract. What is a reasonable time is a question of fact and can only be decided by a court.

Plus you go on to say that after that, a refund will no longer be possible - which isnt true because if the goods don't conform to contract (within a reasonable time at least) they can demand a full refund and dont have to accept a repair or replacement.

Also, later this year I believe consumer rights are being changed to make the minimum reasonable time for rejection 30 days (or at least this was the change proposed by the government and sent out to various regulatory bodies/consumer groups) with exceptions still being made depending on circumstances.

Who picks the components? You or the customer? I think you may be on shaky ground if you're asking the customer to ensure components you supply and you pick are compatible with each other. It is assumed when you are acting as a business that you will carry your work out with reasonable care and skill - if you were to fit two components (again that you picked/supplied) and they were incompatible, imo thats a breach of that duty (reasonable skill).

You're right, legalities are a minefield and even huge companies like next, debenhams etc have been guilty of having illegal terms.

You may also want to google unfair contract terms limitation of liability.

arcon5

If you are selling high value goods and your suppliers terms are poor then find a new supplier or agree different terms with them. If a component fails after they a month you are liable legally (you are liable to ensure goods last a reasonable time by law, your not liable if customer misuses or damages goods though) to offer a remedy, such as repair, replacement or refund(partial in some circumstances) - and your supplier terms are irrelevant to the customer!!! And don't change your liability!

The supply of goods and services act is pretty much the same as sales of goods act.

Sounds like you also need to learn about costing. The risks to you need to be factored in. I'd recommend some kind of insurance also if you are dealing in electrical goods. Maybe public liability and professional indemnity.

There is no such thing as the private sales of goods act - private sales aren't covered by it and this is not a private sale.
SoGA can be different for business to business also - you can contract out of terms and put your own in place etc so don't think you'd necessarily have full cover against your supplier.

visidigi

If this was a good business model everyone would be doing this. It's not a good model, its a very volatile cost market to be in and to be honest, given your terms above you really need to reevaluate how official a business you make this.

With the above aside, you have the option to move into the personal good segment of the acts, which would certainly reduce your risk to refunds/returns. A website with drop down configuration option is not considered a personalised product.

If you are doing in person, personalised configurations then personalisation is an option which would potentially reduce your exposure to risks somewhat.

You certainly need to do a great deal more research with this...