ADEXA Fridge Purchase Nightmare

L1BYD

I wonder if anyone is able to offer me some help / advice?  I bought a drinks fridge from a company called ADEXA Direct. The delivery company said they were coming on Tuesday 9th May and I explained we wouldn't be in but our son is at home off work with a broken arm so he would be there.  He arrived and told my son he didn't think he'd be able to get it into the house (even though we have a straight path up to the front door) but said the garage was nearer and could he just put it there. So the fridge was left there, then when my husband opened it up that night he found the fridge wrecked.  It had clearly been dropped from a substantial height as the base was about 15mm offline. There were dents on the sides, the corners of the door were broken and there were broken bits all over it.  So I emailed ADEXA that night saying what state it had arrived in, I attached pictures for them to see and asked what would be done about this.  I hadn't had any response by the following lunchtime so decided to call Customer Service and was told that as my son accepted the delivery, there was nothing they could do about issuing a replacement or refund.  I was told according to their terms and conditions deliveries should be opened and checked when the delivery is made and if not happy refuse the item.  I found this a bit ridiculous as delivery drivers are in and out in a flash and there was no way my son was able to open up the package with a broken arm.  So they advised me that I would have to pay a restock fee of £120 plus an admin fee of £140 for them to send out a replacement!  The fridge including delivery cost £455!  I said that was ridiculous and as a consumer I had the right to a refund within 30 days of purchasing if the item was damaged / faulty.  But I was just flatly told no, and that according to their terms and conditions I had no option.  I asked to talk to a manager / supervisor and was told there was no one available but that they could request a call back and that someone would get back to me within 48 hours.  I then sent a further email that night stating the facts again and highlighting the fact my son didn't sign for the delivery anyway and I requested someone call me back to discuss further.  I still hadn't had a call or a reply to any of my emails so yesterday I called again asking to talk to someone and was told again no one was available and when I asked why no one had called / replied to my email I was told that they don't guarantee calls back.  Management review the call back requests each night and if they feel a call back is required they would do so.  Therefore my request wasn't important enough to warrant a call back.  I asked what I needed to do to get a response and was told that I needed to complete an online message request and that would go straight to management and I would get a response.  This is the response I received:

Hi,

Thank you for your email.

Apologies you feel this way.

As the goods were not checked at point of delivery as per the terms and conditions and refused as per your right if damaged we are unable to ascertain when the damage occurred. 

You confirmed on a phone call you was made aware of a delivery date but had to go to work , unfortunately enough time was provided for this to be checked.

As the goods were not refused and they were accepted this is signing for the goods , the goods being accepted is confirmation they have been checked and are not damaged.

At present your consumer rights do not cover you as you are a registered business and also the payment and business address is a registered business shown on a Government owned website , Companies house. Therefore , you are in a business to business contract.

We have confirmed the fee's in order to have the goods collected and replaced will need to be paid beforehand of 20% of the value , £120 collection fee and £144 admin fee. 

We do also have the option available for you to return the goods at your own cost -20% and £144 off the refund amount.

Please advise how you wish to proceed.

Kind Regards ,

Customer Care Associate 

Adexa Direct

I don't know where to go from here, I think they are being totally unreasonable, I have just emailed back explaining that this was never a business purchase and just because our home address is the business address for my husbands work doesn't automatically make this a business transaction.  The order was placed in my personal name, using my residential home address and paid with a personal credit card.  I explained if we had wanted this as a business expense we would have used the correct channels, ie used our business name and paid with it from our business account and that would have meant we could claim the VAT back!!  I was under the impression a consumer had the right to a refund within 30 days if a product is not fit for purpose and not as described.  I have put a claim in via our credit card to claim a chargeback on the transaction but I am just horrified that a company can treat people this way and charge people in this way and be allowed to do it.  Am I being ridiculous??  I have read through ADEXA's terms and conditions fully now and to be honest they are a joke. Nothing like any standard business terms etc.

Alderbank

ADEXA Direct have previous form on these pages.
A simple search for "ADEXA" will give you plenty to read (none of it very encouraging).

For example, this case-
https://forums.moneysavingexpert.com/discussion/6410577/refusing-to-refund-consumer-rights-options/p1
is very similar to yours.
L---, a small business owner, bought an item of commercial catering as, he claimed, a private consumer. When he checked it  over, after the carriers had gone, it was found to have been damaged...

Aylesbury_Duck

Two questions from me.

1. What line of business does your husband operate from the house?

2. Did you or your husband drop it whilst moving it from garage to house?

1 may be relevant if it's obvious it was going to be used in the line of business, and 2 is presumably what they think might have happened and so you'll need to contest that if it didn't.

tightauldgit

Is it a business purchase or a consumer purchase though? If it's going to be used in a commercial enterprise then it's not a consumer purchase even if you bought it yourself with your own card. 

L1BYD

tightauldgit said:

Is it a business purchase or a consumer purchase though? If it's going to be used in a commercial enterprise then it's not a consumer purchase even if you bought it yourself with your own card. 

It's nothing to do with commercial we are putting a bar into our house and it's just a fridge to store cans / bottles. All personal use.

L1BYD

Aylesbury_Duck said:

Two questions from me.

1. What line of business does your husband operate from the house?

2. Did you or your husband drop it whilst moving it from garage to house?

1 may be relevant if it's obvious it was going to be used in the line of business, and 2 is presumably what they think might have happened and so you'll need to contest that if it didn't.

My husband works in the construction industry doesn't actually work at home. We're just doing up a room in our house putting in a bar and wanted a fridge. Nothing business associated at all. 
No he didn't drop it. We would never have raised a complaint if we were at fault. 

Aylesbury_Duck

In which case, I suggest speaking to your card provider to see if they'll intervene.

You also have the back-up option of a letter before action with the threat of small claims court,

Manxman_in_exile

L1BYD said:

tightauldgit said:

Is it a business purchase or a consumer purchase though? If it's going to be used in a commercial enterprise then it's not a consumer purchase even if you bought it yourself with your own card. 

It's nothing to do with commercial we are putting a bar into our house and it's just a fridge to store cans / bottles. All personal use.

As has already been mentioned, Adexa have cropped up here before.

Their website and their T&Cs make it clear that they sell commercial catering equipment at a discount and that they only sell to the trade and not to consumers.

That's why you think their T&Cs are a joke.  They are written on the understanding that you are entering into a business contract, not a consumer one.

Have you or your husband made it clear to Adexa that you are consumers and not a business?

Despite their T&Cs they ought to treat you as consumers but don't be surprised if they make you jump through a lot of hoops.

When buying stuff designed for commercial rather than domestic use, ALWAYS check the T&Cs to make sure they don't only sell on a business to business basis.

(TBH I don't have a lot of sympathy for consumers who get themselves into this position when the seller's T&Cs make it clear from the outset that they operate on a business to business basis)

screech_78

Agree with the above.

Did you purchase using your business details as they’ve suggested? You can’t have it both ways or expect to make use of consumer rights if you’re making out it’s a business purchase to buy from there in the first place. 

powerful_Rogue

When you went to the checkout, which option did you tick? The T&C's change depending on this, so think maybe you selected business?

L1BYD

Manxman_in_exile said:

L1BYD said:

tightauldgit said:

Is it a business purchase or a consumer purchase though? If it's going to be used in a commercial enterprise then it's not a consumer purchase even if you bought it yourself with your own card. 

It's nothing to do with commercial we are putting a bar into our house and it's just a fridge to store cans / bottles. All personal use.

As has already been mentioned, Adexa have cropped up here before.

Their website and their T&Cs make it clear that they sell commercial catering equipment at a discount and that they only sell to the trade and not to consumers.

That's why you think their T&Cs are a joke.  They are written on the understanding that you are entering into a business contract, not a consumer one.

Have you or your husband made it clear to Adexa that you are consumers and not a business?

Despite their T&Cs they ought to treat you as consumers but don't be surprised if they make you jump through a lot of hoops.

When buying stuff designed for commercial rather than domestic use, ALWAYS check the T&Cs to make sure they don't only sell on a business to business basis.

(TBH I don't have a lot of sympathy for consumers who get themselves into this position when the seller's T&Cs make it clear from the outset that they operate on a business to business basis)

At no point did I make out this was a business purchase!! I googled drinks fridge and Adexa was the main one that kept coming up. I went on the website as I would for any other purchase I'm doing. It was ordered in my name, with my home address and paid for with a personal credit card and used my personal email address, how much more personal should I be!!! At no point during the order process was o asked to put in business name or any business details otherwise I wouldn't have carried on. Surely if they were legit they would be requesting a business name / Company reg no / VAT no. As a joiner I don't know how we'd get a fridge through our books!!!!