Bought a car trade online - does the cooling off period still apply?

TotalNoob

Hi,
If I respond to an online advertisement for a car, pay a deposit remotely then pay the balance when it is delivered, does the 14 day cooling off period still apply if I am a business, or is that just for individual consumers?
Thanks

Nearlyold

Are you buying it in relation to your business?

TotalNoob

Nearlyold said:

Are you buying it in relation to your business?

The business is buying it as a consumer, as in, it will be used by the business for its business purposes, not to sell on.

AdrianC

The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business purchasers. Only to private individuals not purchasing for business use.

https://www.legislation.gov.uk/uksi/2000/2334/regulation/3/made

neilmcl

Also, if you pay when it is delivered then the sale has not been conducted entirely at a distance.

TotalNoob

neilmcl said:

Also, if you pay when it is delivered then the sale has not been conducted entirely at a distance.

I checked that bit - the distance rules still apply.

neilmcl

TotalNoob said:

neilmcl said:

Also, if you pay when it is delivered then the sale has not been conducted entirely at a distance.

I checked that bit - the distance rules still apply.

"Checked" with whom? I'm telling you that this wouldn't be classed as a distance sale because the contract wouldn't be concluded exclusively by distance means, the very fact that you're physically paying the balance on handover preclude this.

David713

There is a difference between conclusion and completion of a contract.
Paying the balance on delivery may not mean that the contract wasn't concluded at a distance.
Conclusion of a contract simply means that both parties become bound by that contract and in the case of the purchase of goods, it is when the seller is required to supply those goods and the buyer is legally required to pay the agreed price.
If the T&C's stated that the payment of a deposit makes the buyer liable to complete the purchase then the contract has been concluded when that deposit was paid and accepted.

TotalNoob

neilmcl said:

TotalNoob said:

neilmcl said:

Also, if you pay when it is delivered then the sale has not been conducted entirely at a distance.

I checked that bit - the distance rules still apply.

"Checked" with whom? I'm telling you that this wouldn't be classed as a distance sale because the contract wouldn't be concluded exclusively by distance means, the very fact that you're physically paying the balance on handover preclude this.

This was from the "Which" website - which I guess could be wrong, but unlikely.
Apparently it only isn't covered if any part of the transaction takes place at the dealership, which it didn't.
But in any case, it doesn't apply to me because of the B2B situation.