Refusing to refund - consumer rights options?

DailyHail

Everything about this site screams that’s its B2B.

At the end of the shopping cart there are 2 options… Business or Consumer.

Business is selected by default.

Which did you choose? Or did you miss the question?

I suspect you missed it which is why they are holding you to those terms and conditions.

Choosing personal loads up a separate set of terms which are Compliant with the CRA.

Sorry to say that if you missed the option and made the wrong choice… then I’m with the company and you opted to agree with the B2B terms.

Edited to add that you also need to check a box to agree to the relevant Ts and Cs depending on the options you chose above…did you do this?

LarryR

Oh b*gger. I think I missed it. I must have left it as business. So there's nothing I can do in that case?!? Chalk it up to an expensive lesson 

I'm surprised they can enforce the whole 24hr clause, especially as it was delivered early and has clearly not been used. 

Manxman_in_exile

Isn't this the second thread concerning Adexa in a week?

I think it's obvious from their website that they only supply to trade and commercial customers, not consumers.

Whether that affects someone's consumer rights is another question...

Missing parts and T&C's — MoneySavingExpert Forum

And another... Online order error — MoneySavingExpert Forum

DailyHail

The site does offer Personal Ts and Cs which are fully compliant with the CRA.

However is is incumbent on the user selecting Personal order in the shopping cart. Which the OP failed to do, and which I suspect the OP in the original thread failed to do also.

LarryR

The item I bought was a popcorn maker, which I thought would be fun for a couple of birthday parties we've got coming up so the kids can watch a movie and enjoy some cinema-like popcorn. And then we as a family always enjoy popcorn when we're watching films, especially over Christmas.

I always thought if a company is genuine about only selling to trade they make it more difficult for individual consumers to buy from them, specifically asking for business address and vat registration, etc. True B2B companies do this. It never occurred to me they'd have different terms and I wouldn't be protected. 

Looking back on other people's run ins with this company it looks like I'm onto a loser. I probably left the 'Business' option ticked, even though I'm not actually a business, and so now have to abide by their unfair (from a consumer's perspective) terms. I'm very annoyed with myself and now have to live with a poor quality product because I didn't inform them within 24hrs.

Thanks all for taking the time to look into this and reply to me. 

peter_the_piper

Just a silly point, if they know he's not a commercial customer (and it seems they do) then a credit/discount will not be of any use to the OP will it?

user1977

peter_the_piper said:

Just a silly point, if they know he's not a commercial customer (and it seems they do) then a credit/discount will not be of any use to the OP will it?

To be fair, a number of their other items will have potential domestic use.

Anyone fancy a sausage stuffer for Christmas?

https://adexa.co.uk/Food-Prep-Machines-29/Sausage-Stuffers-345

LarryR

Do you think I have a leg to stand on here - I didn't tick the 'Business' box, but I didn't untick it, and I have received no benefit from 'being a business', I didn't get a cheaper price or cheaper delivery or anything? I am a private consumer with a private address and a personal credit card, should I not still be covered by DSR/CRA or does that 'I'm a business' tick box completely cover them?

Alderbank

In law, whether it is a consumer contract or not is determined by the facts of the case, not by any T&Cs or whatever box you ticked. If it went to small claims court the judge determines whether it is a consumer contract, if necessary considering your trade, your sources of income, etc. 
This is a hefty piece of kit and your kids' parties must be pretty big and eat loads of popcorn. They sound fun!

The T&Cs say that for change of mind within 14 days you must pay return carriage and comply with their return procedure about returns codes, etc. This is normal in consumer contracts as well as B2B.

An alternative approach for you, which I am surprised you don't seem to have considered, is simply to have the machine assembled and commissioned by someone who understands these things then just switch on and make popcorn. Isn't that why you bought it?
When professionally set up I think it is likely that it will work just fine.
If it doesn't, Adexa will pay for its return and repair or refund.

born_again

This looks like the same site as a previous thread.