Urgent advice needed on faulty goods

ewill44

Hi everyone, I hope someone can help me. I bought a toaster (£150+) 3 weeks ago and it has already broke. I have contacted the place where I bought from and they said they cannot accept a return as I bought it over 14 days ago. I told them it was faulty, but they said they still cannot do anything and that I am not covered under the consumer act as I bought it as a business and not as a consumer. What can I do? They are adamant that they will not help. Any advice would be amazing. Thank you so much in advance for your help.

Sandtree

Did you buy as a business? Why would they think you did?

Consumer rights apply to consumers not businesses. There is a small amount of the SOGA that still is in force for small business purchases.

Alderbank

ewill44 said:

Hi everyone, I hope someone can help me. I bought a toaster (£150+) 3 weeks ago and it has already broke. I have contacted the place where I bought from and they said they cannot accept a return as I bought it over 14 days ago. I told them it was faulty, but they said they still cannot do anything and that I am not covered under the consumer act as I bought it as a business and not as a consumer. What can I do? They are adamant that they will not help. Any advice would be amazing. Thank you so much in advance for your help.

Welcome to the forum.

They are correct in saying that the Consumer Rights Act does not apply but you have the contractual rights which you and the supplier jointly agreed when you both entered into the contract of sale.
What do those terms and conditions say?

Equaliser12345

There is a huge amount of the Sale of Goods Act 1979 that applies in B2B transactions including the sections on quality and description.  The difference when dealing B2B is that they can lawfully be excluded.

ewill44

Yes, I bought it for my small business. I have only used it a few times and now it is unusable, and they are not being helpful at all. They just keep saying that they cannot help as it has been more than 14 days since I bought it and that is there terms. I have never come across this before...

Equaliser12345

ewill44 said:

Yes, I bought it for my small business. I have only used it a few times and now it is unusable, and they are not being helpful at all. They just keep saying that they cannot help as it has been more than 14 days since I bought it and that is there terms. I have never come across this before...

Did they have any applicable terms?  Purely because you bought for your business doesn't meant that it's a B2B transaction.  Your remedy should still be a replacement / refund.

user1977

What's the urgency? Is someone demanding toast for lunch?

ewill44

user1977 said:

What's the urgency? Is someone demanding toast for lunch?

Well, yes they do actually need toast this lunch. I run a small food business. I am also on chat with the company who supplied me with the toaster and they are being very rude, unhelpful and telling me I don't have a foot to stand on so to speak, so I wanted some urgent advice on here to reassure me that I am not wrong in wanting a replacement. 

Sandtree

Did you buy online? Have you read their T&Cs? As said, one of the key differences for business purchases is that rights can be signed away.

Are you a limited company too or a sole trader? Small claims court gets expensive for companies as they must have professional representation. 

Olinda99

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Equaliser12345

Sandtree said:

Are you a limited company too or a sole trader? Small claims court gets expensive for companies as they must have professional representation. 

That's not correct.