Faulty TV written off refund or replacement

shiraz99

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Bradden

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

MarvinDay

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

shiraz99

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

MarvinDay

shiraz99 said:

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

I think it would be very hard to convince a court that the CRA would apply to any Makro purchases.
With Makro (now actually Bookers), you need to provide company details when signing up for an account (Company cheque book or bank account details, registered address etc) and you agree that all purchases will be for trade use only.
Their T&C's when signing up are very clear

1. Goods for sale are intended for and sold on the condition that they are for resale, commercial and industrial use only. Any purchases are deemed to be for business use and the Card Holder is not considered or deemed to be a consumer.

and there are also clear signs in their store that all purchases are deemed to be trade only.
It's not as if there is any ambiguity in what you are signing up for when applying for a card or actually buying anything.

the_lunatic_is_in_my_head

MarvinDay said:

shiraz99 said:

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

I think it would be very hard to convince a court that the CRA would apply to any Makro purchases.
With Makro (now actually Bookers), you need to provide company details when signing up for an account (Company cheque book or bank account details, registered address etc) and you agree that all purchases will be for trade use only.
Their T&C's when signing up are very clear

1. Goods for sale are intended for and sold on the condition that they are for resale, commercial and industrial use only. Any purchases are deemed to be for business use and the Card Holder is not considered or deemed to be a consumer.

and there are also clear signs in their store that all purchases are deemed to be trade only.
It's not as if there is any ambiguity in what you are signing up for when applying for a card or actually buying anything.

But of course their terms don't override consumer rights. 

Our household had a Bookers account, it really wasn't difficult to get one for my wife's business, I assume if you kicked up a fuss about being a consumer for a particular purchase they might decide not to offer you a membership any longer but if you run say a business selling sweets but purchase 2 kilos of sausages for yourself it would be hard for them to argue you aren't a consumer for that purchase. If you stood at the till and said "mmmmmmm these sausages will be lovely for our dinner tonight" I highly doubt the staff would refuse to serve you. 

In comparison when sourcing distributors for my business they all wanted VAT numbers, bank references, trade references and there was an expectation of spend at a certain level.

One way companies like Bookers could ensure trade only is by only accepting payment from one bank card that you need to show belongs to the business, easy for a LTD, probably trickier for a sole trader but I suspect such companies don't want to place barriers between them getting your money once you've passed the membership test and are in the store but instead hope most won't complain as they believe the terms or don't want to lose the account plus with the stuff they stock at our local mainly being food they aren't likely to get as many issues as Costco will selling TVs. 

mattyprice4004

shiraz99 said:

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

Method of payment doesn’t dictate if you’re a consumer or it’s B2B. 

mattyprice4004

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

You suspect wrong.
Please educate yourself before trying to give ‘advice’ as pretty much everything you have posted in this message is nonsense.  

shiraz99

mattyprice4004 said:

shiraz99 said:

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

Method of payment doesn’t dictate if you’re a consumer or it’s B2B. 

I never said it did, on it's own, I specifically stated making a "personal purchase".

MarvinDay

the_lunatic_is_in_my_head said:

MarvinDay said:

shiraz99 said:

MarvinDay said:

Bradden said:

shiraz99 said:

Bradden said:

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.

A business customer purchasing for themselves is not necessarily a B2B contract, CRA will still apply. Only purely B2B purchases will not be covered by the CRA.

Agreed... I was just highlighting that some purchases from Costco could be considered by them as B2B if they desired - they may choose not to apply them which is in the customer's interest. I still disagree with your "completely without merit" comment- I think Zoob was correct it stating that CRA rules may not apply to all pruchases from Costco even if they don't enforce this. 

But that's not what the earlier post from Zoob stated.
There post was very clear that as Costco wasn't a retail store, they didn't think that CRA applied..

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Even though Costco may not be purely a retail store, a great many of the members are consumers and are acting as consumers when making purchases there.
This is where Costco differs from places such as Makro which is a trade only establishment.

Even with Makro, or any other "trade only" retailer you can still make purchases as a consumer, for example I could make a personal purchase using my own bank card and therefore CRA would apply.

I think it would be very hard to convince a court that the CRA would apply to any Makro purchases.
With Makro (now actually Bookers), you need to provide company details when signing up for an account (Company cheque book or bank account details, registered address etc) and you agree that all purchases will be for trade use only.
Their T&C's when signing up are very clear

1. Goods for sale are intended for and sold on the condition that they are for resale, commercial and industrial use only. Any purchases are deemed to be for business use and the Card Holder is not considered or deemed to be a consumer.

and there are also clear signs in their store that all purchases are deemed to be trade only.
It's not as if there is any ambiguity in what you are signing up for when applying for a card or actually buying anything.

But of course their terms don't override consumer rights. 

I still think that it's not hard to hope that a sensible court could decide that as the person making the purchase acted fraudulently (under the Fraud act 2006) and that the trader wouldn't have allowed them to become members had they known their true purchasing status, the purchaser didn't have any consumer rights.

After all, any contract entered into fraudulently can be deemed to be void and unenforceable and if this was the case, the court could easily dismiss any claim by the purchaser. 

I realise that this is all if's. maybe's and could's but isn't that the case with a great many of the discussions on here?