Business to Business and Distance Selling Regulations

Asheboy

Hi,

I understand that business to business sales are not covered by the DSR. What does a business have to do for sales to be considered business to business? I want to purchase an item from a company who call themselves a wholesaler, distributor and supplier and claim they are not effected by DSR yet they sell many items singularly (as in, they sell one of each item).

Can a business just claim to be a wholesaler, still sell to 'consumers' and not have to follow the DSR?

Thanks

Ash

vuvuzela

Some businesses will only want one of a single item. What site is it ?

Asheboy

Hi vuvuzela,

That is very true. I guess I am more concerned that there do not seem to be as many safe guards in place for situations like this. The site is coffeecreations.co.uk.

WTFH

If you're concerned then I'd suggest buying elsewhere.

neilmcl

If you purchase (or allowed) to purchase as a consumer then it doesn't matter what they're T&Cs say, you're a consumer end of and DSRs will apply.

unholyangel

I have to wonder. If they're a trade only company.....why on earth do they have:

None of these Terms and Conditions affects your statutory consumer rights.

in their T&C's?

They do ask for a company name upon registration but it isn't mandatory. IMO its not clear they're trade only.

InsideInsurance

unholyangel wrote: »

I have to wonder. If they're a trade only company.....why on earth do they have:

Because its true. Even businesses have some statutory rights, though much less than private individuals, and likewise a contract cannot impose worse terms than they are allowed by law.

unholyangel

InsideInsurance wrote: »

Because its true. Even businesses have some statutory rights, though much less than private individuals, and likewise a contract cannot impose worse terms than they are allowed by law.

But they're trade/business, not consumers. Hence b2b vs b2c.

Businesses have no consumer rights.

mo786uk

Its never been totally clear what a business has to do to 'confirm' its custoemrs are business custoemrs (in an online context)

as suggested if you are concerned then look elsewhere

that said if they have no mention other than it being tucked into their terms then they will be liable to provide consuemr rights as selling to a consuemr is a question of fact

on the other hand if they make it crystal clear and the consumer still proceed then the consuemr is on weaker grounds and will end up havign a battle - although they coudl stil ltechnically argue they are stil la consumer and entitled to those rights.

Asheboy

Thank you all for your responses, very helpful!

InsideInsurance

unholyangel wrote: »

But they're trade/business, not consumers. Hence b2b vs b2c.

Businesses have no consumer rights.

Sole traders and unlimited partnerships can have some statutory rights even in a B2B relationship such as protection under the CCA