ADEXA Fridge Purchase Nightmare

Bradden

powerful_Rogue said:

Bradden said:

It does seem unfair that they allow you to tick a box for a consumer purchase when they do not accept consumer purchases even if you tick this box. I believe that legally they should reject any order if you tick the consumer box by not doing so I doubt they are complying with the regulations. 

They have a different set of T&C's for consumer purchases.

https://adexa.co.uk/consumer-terms-and-conditions

Thanks... I can't deny I'm finding their T&C's confusing..

1. Goods being Sold

1.1 Every sale is considered a business to business contract. If you are making a personal purchase for yourself please note that you will not be covered by the consumer Distance Selling Regulations (DSR’s). Therefore we are not obligated to offer refunds or accept returns even if items are unused

Manxman_in_exile

Bradden said:

powerful_Rogue said:

Bradden said:

It does seem unfair that they allow you to tick a box for a consumer purchase when they do not accept consumer purchases even if you tick this box. I believe that legally they should reject any order if you tick the consumer box by not doing so I doubt they are complying with the regulations. 

They have a different set of T&C's for consumer purchases.

https://adexa.co.uk/consumer-terms-and-conditions

Thanks... I can't deny I'm finding their T&C's confusing..

1. Goods being Sold

1.1 Every sale is considered a business to business contract. If you are making a personal purchase for yourself please note that you will not be covered by the consumer Distance Selling Regulations (DSR’s). Therefore we are not obligated to offer refunds or accept returns even if items are unused

I don't find that confusing.

It's putting the buyer on notice that this is a B2B sale as far as Adexa are concerned, and that if the buyer is making a personal purchase - rather than a business purchase - then they aren't covered by the DSRs (sic).

I don't think it's confusing - the meaning seems clear to me - but whether it's lawful to do that, I don't know.

I haven't looked into their T&Cs in depth, but if they have different T&Cs depending on whether the purchaser says they are a consumer or not, it's quite possible their T&Cs are perfectly lawful.  (Other posters have said they do have different T&Cs but I haven't checked myself).

km1500

what might also be important, consumer or not, is that they accepted delivery of the fridge and then reported damage afterwards so they may believe the damage was done by the OP after delivery

Bradden

@Manxman_in_exile   Sorry.. I wasn't clear. I think it's confusing for a company to have T&C's stating that  they do not accept consumer purchases and then have a second set of T&C's for consumer purchases... but it's probably my fault.

Manxman_in_exile

Bradden said:

@Manxman_in_exile   Sorry.. I wasn't clear. I think it's confusing for a company to have T&C's stating that  they do not accept consumer purchases and then have a second set of T&C's for consumer purchases... but it's probably my fault.

Ah.  No, I see what you mean.  Probably my fault actually!  Whoops!

Alderbank

@L1BYD, the thread I linked to about a very similar case to yours concluded:

Update, just to finish this thread: It took quite a bit of back-and-forth of emails, but armed with the information I gleaned from the helpful people in this thread I have managed to get a full refund from them. I had to pay the postage back and they only did it 'as a gesture of goodwill', but a refund is a refund. Thanks for all your help.

so I see no reason why you should not be equally successful .

Those helpful people included, among others, @Aylesbury_Duck and @Manxman_in_exile

tightauldgit

Other than the bit being quoted (that I don't think would stand up) is there anywhere in the terms that says something like 'by placing an order/opening an account you confirm that you are a business/commercial customer'?

I think it's fine for a business to say they are trade only and have terms that are commensurate but they would have to take reasonable steps to weed out any consumer customers. I don't thik you can just say 'we assume all customers are businesses' otherwise any seller could do that 

sheramber

tightauldgit said:

Other than the bit being quoted (that I don't think would stand up) is there anywhere in the terms that says something like 'by placing an order/opening an account you confirm that you are a business/commercial customer'?

I think it's fine for a business to say they are trade only and have terms that are commensurate but they would have to take reasonable steps to weed out any consumer customers. I don't thik you can just say 'we assume all customers are businesses' otherwise any seller could do that 

see powerful-rogues post on the first page