Bought item from a distributor in England rights.

earthstorm

OlliesDad wrote: »

What sort of flooring was it scraped on? Concrete?

the OP stated

They are knee pads for roller hockey - indoor rink.

so a hard floor plus being knocking into side walls, so they will get frayed etc. so are doing their job as they should

bagby

The floor is varnished wood in a sports centre. IMO the material should be strong enough not to come apart at first scrape, Previous knee pads were leather and took some stick, it is usually the press studs that go. We paid £37 for them.

wealdroam

It does not matter where in the world these things have come from.
The point is you bought them from a seller in England, and therefore you (or the club) have rights under the Sale of Goods Act.

One contentious issue is whether or not the purchase was a business to business transaction or a business to consumer transaction.

If it is B2C, then you during the first six months after purchase the goods are assumed to be faulty at the time of sale, and it is for the seller has to prove otherwise.

Of course the seller can involve the manufacturer in deciding whether the damage is due to poor manufacture/materials, or whether it is due to misuse.

Has the seller refused a remedy yet?

Things become more difficult if it is decided that the purchaser is a business and not a consumer.

bagby

The distributor is awaiting info from the manufacturer. We all paid separately and the club is run by parents and players, none profit making so don't think we are classed as a business. I'm really annoyed at state of knee pads as son paid for these out of his paper round money as it was decided that it would look good if all the players wore the same equipment. One pair of gloves from the same set have gone into holes and these weren't mesh it was a suede in the palm of the hand. Seems like they will all go the same way. A lot of collective money to waste.

I'm just trying to establish whether I have any comeback on the distributor. But it is not looking good.

bod1467

You all paid separately TO THE DISTRIBUTOR? Or did you all pay separately into a pot and ONE PERSON/THE CLUB placed the order?

earthstorm

bod1467 wrote: »

You all paid separately TO THE DISTRIBUTOR? Or did you all pay separately into a pot and ONE PERSON/THE CLUB placed the order?

the OP stated they bought in bulk to get a discount, so i would assume they paid into the clubs pot and then paid in one payment.

to the OP even a NFP club/society would be deemed a b2b transaction if the purchase was made through the club.

bagby

Yes club paid and then we reimbursed club but this was because it was easier than getting in monies beforehand. As it's non profit making is club still classed as business

unholyangel

bagby wrote: »

Yes club paid and then we reimbursed club but this was because it was easier than getting in monies beforehand. As it's non profit making is club still classed as business

Businesses can be non-profit.

“business” includes a profession and the activities of any government department (including a Northern Ireland department) or local or public authority;

So, is it a profession/their trade/job?

“Dealing as a consumer”.E+W+N.I.
(1)A party to a contract “deals as consumer” in relation to another party if—
(a)he neither makes the contract in the course of a business nor holds himself out as doing so; and
(b)the other party does make the contract in the course of a business; and
(c)in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
[F1(1A)But if the first party mentioned in subsection (1) is an individual paragraph (c) of that subsection must be ignored.]
[F2(2)But the buyer is not in any circumstances to be regarded as dealing as consumer—
(a)if he is an individual and the goods are second hand goods sold at public auction at which individuals have the opportunity of attending the sale in person;
(b)if he is not an individual and the goods are sold by auction or by competitive tender.]
(3)Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.

Unfair contract terms act 1977

earthstorm

bagby wrote: »

As it's non profit making is club still classed as business

Does the club take money such as annual fees or fees per meeting?
Does the Club have a Club/Society bank account?

If it does then it is classed as a business

If the club made the purchase then it will be classed as a b2b transaction.

bagby

We pay subscriptions to club which has a bank account so looks like b2b transaction. So what rights if any would apply regarding the knee pads as it was a business transaction? Thanks