Distance Selling Regulations with Wholesaler?

pigsmightfly

Hi everyone,

I wonder if you could help.

I run my own small business via my website/facebook.
I am aware of the distance selling regulations I have to adhere to with my customers for faulty good etc. however do these apply to me as a business customer with my wholesaler.

Recently I bought some goods and a lot arrived faulty. I contacted my wholesaler to complain and was very annoyed at their reply. They told me that was something that was expected to happen with them (in this instance a lot of diamontes has came off the item) and that even if I'd bought pairs worth hundreds from designers the same would happen??? I told them I wasn't happy with this and they couldn't send out faulty items and not replace them as I am obviously out of pocket and can't sell these now. I also mentioned that items are expected to last for a certain period of time and the fact these had arrived damaged was not good enough.

They are now saying that doesn't apple when its business to business but surely they can't just send out faulty items and not have to do anything about it?? :mad:

I can't seem to find anything on the internet though to back this up - I have my own copy of the distance selling regulations that I follow for my customers but it mentions nothing about business to business. Can anyone point me in the right direction so I can quote something to them to try and get this sorted out?

Any help or advice would be appreciated as it feels like I've hit a brick wall with them now.

Thank you

DCFC79

Does this help ?

From reading the forum Im sure your rights are different when its B2B.

ffghugsf

pigsmightfly wrote: »

Hi everyone,

I wonder if you could help.

I run my own small business via my website/facebook.
I am aware of the distance selling regulations I have to adhere to with my customers for faulty good etc. however do these apply to me as a business customer with my wholesaler.

Recently I bought some goods and a lot arrived faulty. I contacted my wholesaler to complain and was very annoyed at their reply. They told me that was something that was expected to happen with them (in this instance a lot of diamontes has came off the item) and that even if I'd bought pairs worth hundreds from designers the same would happen??? I told them I wasn't happy with this and they couldn't send out faulty items and not replace them as I am obviously out of pocket and can't sell these now. I also mentioned that items are expected to last for a certain period of time and the fact these had arrived damaged was not good enough.

They are now saying that doesn't apple when its business to business but surely they can't just send out faulty items and not have to do anything about it?? :mad:

I can't seem to find anything on the internet though to back this up - I have my own copy of the distance selling regulations that I follow for my customers but it mentions nothing about business to business. Can anyone point me in the right direction so I can quote something to them to try and get this sorted out?

Any help or advice would be appreciated as it feels like I've hit a brick wall with them now.

Thank you

A couple of options I can think of

1. Sell the items, but ensure you describe the fault in any description.

2. Hand the matter over to your solicitor. The internet is no place to obtain legal advice.

InsideInsurance

pigsmightfly wrote: »

I am aware of the distance selling regulations I have to adhere to with my customers for faulty good etc. however do these apply to me as a business customer with my wholesaler.

DSR is nothing to do with faulty goods, the SOGA covers this not DSR.

That said, both are pieces of consumer protection and generally not for B2B relationships which will instead be governed by the terms of your contact with the supplier. "Businesses" are considered big enough and sensible enough to read their own contracts and negotiate before signing unlike private individuals who need the protection of the state.

As others have said though, it is probable sensible to check your options with your solicitor

seafarer82

The DSR regs don't apply to B2B sales. I'd check what your contract says with your wholesaler, if you have a credit account with them. Our contracts with our suppliers state that faulty or damaged goods reported to them within 3 days of delivery will be collected and credited. We also deal with electrical products and have a year to return those.

Any worthwhile wholesaler should be open to putting problems right since you're a repeat customer. However, in practice there are very few statutory laws regarding B2B sales to fall back on, and if they dig their feet in I expect it would cost you more in legal fees than the products are worth.

NYCSavage

If they are acting like this over a single item then you need to ask yourself if your business is worth anything to them and start looking for a more reputable supplier