Faulty 'not fit for purpose' item query

Giddy307

Hi

I purchased a handful of items 2yrs ago for my small business and the items have been in original sealed packaging until sold (they are not fast moving products). However 2 of the last items have both failed when used and upon further investigation, the product is actually faulty, with the valve not actually having a hole to allow air to pass (the item is an inflatable product). This has resulted in the product completely failing and breaking apart. I contacted the seller, but they refuse to acknowledge that the item was never fit for purpose. The item was never going to function without a working valve! So I wonder whether anyone can advise on how to address this, if I can? Thank you.

[Deleted User]

Giddy307 wrote: »

Hi

I purchased a handful of items 2yrs ago for my small business and the items have been in original sealed packaging until sold (they are not fast moving products). However 2 of the last items have both failed when used and upon further investigation, the product is actually faulty, with the valve not actually having a hole to allow air to pass (the item is an inflatable product). This has resulted in the product completely failing and breaking apart. I contacted the seller, but they refuse to acknowledge that the item was never fit for purpose. The item was never going to function without a working valve! So I wonder whether anyone can advise on how to address this, if I can? Thank you.

Consumer regulations don't apply to business transactions. You'll need to look at your contract and their terms and conditions.

molerat

B2B so you are bound by whatever terms were in the contract of purchase. You do not have any consumer rights.

General_Applause

So we can assume that all the other sold items prior to the last two have been OK?


Enough of the 'not fit for purpose' nonsense. You have a couple of faulty products in the batch.

Giddy307

General_Applause wrote: »

So we can assume that all the other sold items prior to the last two have been OK?


Enough of the 'not fit for purpose' nonsense. You have a couple of faulty products in the batch.

4 items purchased. 2 good and functional, 2 faulty. Also purchased from the company website as a normal consumer, not as a trader.

Giddy307

molerat wrote: »

B2B so you are bound by whatever terms were in the contract of purchase. You do not have any consumer rights.

No sale on contract, as not bought as a trader, bought from their website as a normal consumer.

Ectophile

Giddy307 wrote: »

No sale on contract, as not bought as a trader, bought from their website as a normal consumer.

You admitted in your first post that you bought them for a business.

Giddy307

Ectophile wrote: »

You admitted in your first post that you bought them for a business.

I bought them from a website to use via my business. I didn't buy them as trade, as my business is new and i don't actually sell products, I sell a service, but these products were a matter of convenience for customers attending (effectively saving them having to go out an buy the item, i could then supply them if it is required). The products were not sold for profit, just there for convenience.

Takmon

Giddy307 wrote: »

I bought them from a website to use via my business. I didn't buy them as trade, as my business is new and i don't actually sell products, I sell a service, but these products were a matter of convenience for customers attending (effectively saving them having to go out an buy the item, i could then supply them if it is required). The products were not sold for profit, just there for convenience.

All that is irrelevant, you bought products for your business and sold them through your business (you can't say you don't sell products when you actually do :rotfl: ).

So if a customer tries to return something you sold them:

Customer: "I would like to return this faulty item i bought from you"
You: "Sorry i don't actually sell products so your can't return it"
Customer: "But you sold me this so you do sell products"
You: "I didn't make a profit on them so that means i didn't sell them to you"

Sound like a pretty dodgy business your running there :rotfl:


It wouldn't matter if you sold them at a loss or gave them away for free you still bought them for business purposes.

Paul_DNAP

Giddy307 wrote: »

I bought them from a website to use via my business. I didn't buy them as trade, as my business is new and i don't actually sell products, I sell a service, but these products were a matter of convenience for customers attending (effectively saving them having to go out an buy the item, i could then supply them if it is required). The products were not sold for profit, just there for convenience.

Nope, still counts as a business to business transaction - you bought them for use in your business to supply to your customers (even if not sold separately, they are still part of your service), and consumer protections don't apply to this.


You'll need to investigate how to start proceedings to recover the cost of the faulty parts

Giddy307

Takmon wrote: »

All that is irrelevant, you bought products for your business and sold them through your business (you can't say you don't sell products when you actually do :rotfl: ).

So if a customer tries to return something you sold them:

Customer: "I would like to return this faulty item i bought from you"
You: "Sorry i don't actually sell products so your can't return it"
Customer: "But you sold me this so you do sell products"
You: "I didn't make a profit on them so that means i didn't sell them to you"

Sound like a pretty dodgy business your running there :rotfl:


It wouldn't matter if you sold them at a loss or gave them away for free you still bought them for business purposes.

Your response is not helpful. I am new to all this, hence asking for help. Maybe you need to take the chip off your shoulder and become more of a helpful member of the forum, rather than judgemental and quite nasty.