Purchased as a Trader ?

claire111

Hi

I purchased a mattress with the intention of using it in a property which will in due course become a holiday let.

When I discussed it with the supplier over the phone and by email I made it clear it needed to be suitable for a holiday let. They don't have a store, just a website, other retailers and one showroom.

They invoiced me personally and I paid with my credit card. I don't actually run a holiday let business yet.

Am I covered by Consumer Rights Act 2015 or is it a business to business sale ?

Happy to answer any questions if more info is needed.

Thanks

Claire

davidmcn

I would say that stuff bought in contemplation of being used in a business is a business purchase.

born_again

claire111 wrote: »

When I discussed it with the supplier over the phone and by email I made it clear it needed to be suitable for a holiday let.
Claire

Not quite sure what difference a holiday let will make when choosing a mattress. It will properly get less use than your home one.

Do have to say that the holiday let we stayed in last year had fantastic beds and the mattresses were not cheap rubbish you normally find.
Makes a massive difference to getting repeat visits.:T

When speaking to the owners, they used the same mattresses that they had in their bed.

unholyangel

You mean what if you change your mind about renting it out? But then, what if - after changing your mind, you change your mind again? :eek:

Luckily, its the purpose/intent at the time you entered the contract. Allowing it to be determined by eventual purpose would just throw up far too many issues. Plus, you can only be bound by the obligations you agreed to accept at the time of entering the contract. Can't unilaterally vary a contract once it has been agreed, except as allowed by the contract/law.

claire111

unholyangel wrote: »

You mean what if you change your mind about renting it out? But then, what if - after changing your mind, you change your mind again? :eek:

Luckily, its the purpose/intent at the time you entered the contract. Allowing it to be determined by eventual purpose would just throw up far too many issues. Plus, you can only be bound by the obligations you agreed to accept at the time of entering the contract. Can't unilaterally vary a contract once it has been agreed, except as allowed by the contract/law.

The Consumer Rights Act 2015 doesn't cover business to business contracts.

How do I, or the courts, determine what sort of contract was entered in to ? Consumer or business ? I truly don't know...

Many thanks for advice

shaun_from_Africa

claire111 wrote: »

How do I, or the courts, determine what sort of contract was entered in to ? Consumer or business ? I truly don't know...

It depends on a few factors, the main ones being the intended purpose of the goods and what was discussed at the time of sale.
As you bought the mattress intending it to go into a rental property then this alone would indicate that it was a business related purchase and this would be backed up by your statement to the seller confirming what the mattress was to be used for.

claire111

If it is a business to business sale, not covered by the 2015 Act, is it still covered by the Sale of Goods Act 1979 or something else ?

Thanks

LilElvis

Is there actually a problem with the mattress? Or have you just changed you mind? Or are you just worrying about something that might potentially happen and how you would seek redress?

davidmcn

claire111 wrote: »

If it is a business to business sale, not covered by the 2015 Act, is it still covered by the Sale of Goods Act 1979 or something else?

SOGA still applies, as does the common law of contract and whatever contractual terms you've agreed with the other party.

unholyangel

claire111 wrote: »

If it is a business to business sale, not covered by the 2015 Act, is it still covered by the Sale of Goods Act 1979 or something else ?

Thanks

Yes. But be aware as a business you have far less protection and can normally contract out of certain rights - as a business is expected to exercise due diligence when contracting given contracts are fundamental to any business.