Adexa Direct - S75 Liability Countered by Company Ts&Cs?

BikingBud

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

born_again

What have you ordered & who is the retailer?

Cost?

powerful_Rogue

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

s75 Consumer Credit Act won't apply as you're a business. (Unless you're a sole trader)

BikingBud

born_again said:

What have you ordered & who is the retailer?

Cost?

A garage work bench - one set of drawer runners are the incorrect item.

Cost was approx £300

BikingBud

powerful_Rogue said:

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

s75 Consumer Credit Act won't apply as you're a business. (Unless you're a sole trader)

Thanks for your response but I am not a business!

Their Ts&Cs stipulate that they consider the sales are considered Business to Business but many companies make assertions that cannot be supported.

Ergates

BikingBud said:

powerful_Rogue said:

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

s75 Consumer Credit Act won't apply as you're a business. (Unless you're a sole trader)

Thanks for your response but I am not a business!

Their Ts&Cs stipulate that they consider the sales are considered Business to Business but many companies make assertions that cannot be supported.

The retailer says they only do business to business sales - but what hoops did you have to jump through to prove you were a business?

e.g. did they get you fill in a form swearing on the life of your first born that you're not a consumer?

powerful_Rogue

BikingBud said:

powerful_Rogue said:

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

s75 Consumer Credit Act won't apply as you're a business. (Unless you're a sole trader)

Thanks for your response but I am not a business!

Their Ts&Cs stipulate that they consider the sales are considered Business to Business but many companies make assertions that cannot be supported.

Who is the retailer?

the_lunatic_is_in_my_head

If you are a consumer then you are a consumer, best bet is to contact the bank and see what they say, then pop back if they deny the claim for this (or any other reason).

A price reduction (I.e part refund) is a valid remedy where a repair/replacement isn’t offered, in fact you’d be entitled to reject for a full refund and it’s doubtful the bank will want your work bench. 

DullGreyGuy

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

Distance Selling Regulations ceased to have legal effect on 25 October 2011 when it was replaced by the Consumer Contracts Regulations so good to see their terms are right up to date. 

The DSR and the CCR that replaced it is in reference to returns due to change of mind, ie the right item turns up, it looks fantastic, operates like a dream but you just dont like the shade of pink in your garage so want to return it. This isn't a change of mind return. 

For Consumers we have the Consumer Rights Act that deals with faulty products etc. For businesses the Sales of Goods Act still applies. Under both of these as well as common law and contract law the goods must be as described and of a reasonable quality/durability given what they are, price paid and how described. 

From what you are saying it should have a drawer part and thats not present as the runner is missing. Thats a CRA/SoGA issue not a DSR/CCR so the quoted clause is irrelevant. 


The Consumer Credit Act defines a consumer, in part, as:

by an individual acting for purposes outside those of any trade, business or profession carried on by the individual, of property rights in land or in an existing or projected building

Assuming your purchase of the workbench is not intended to be in connection with your trade, business or profession then the CCA will apply to the purchase and despite the merchant saying they'll consider it a business transaction your bank cannot use that as a get out clause. 

BikingBud

Ergates said:

BikingBud said:

powerful_Rogue said:

BikingBud said:

I have an ongoing issue with a supplier.

It is over 6 weeks since ordered and I have tried many times to get the fully capable piece of equipment. The supplier is extremely unhelpful and unresponsive.

The equipment was flat packed and self assembly but one of the components is clearly incorrect and the full functionality has therefore not been achieved.

I have sent still images and video but am not getting any response and would therefore like to review with my CC provider to get a partial refund for the limited capability.

The vendor's T&Cs make a very clear statement at the beginning:

"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."

Does this reduce any liability under the CCA Section 75, as Part II might indicate it is not a consumer credit agreement.

Do I have a legitimate complaint against the car provider?

s75 Consumer Credit Act won't apply as you're a business. (Unless you're a sole trader)

Thanks for your response but I am not a business!

Their Ts&Cs stipulate that they consider the sales are considered Business to Business but many companies make assertions that cannot be supported.

The retailer says they only do business to business sales - but what hoops did you have to jump through to prove you were a business?

e.g. did they get you fill in a form swearing on the life of your first born that you're not a consumer?

Thanks for your comments, no action was required to assert I was a business.

BikingBud

the_lunatic_is_in_my_head said:

If you are a consumer then you are a consumer, best bet is to contact the bank and see what they say, then pop back if they deny the claim for this (or any other reason).

A price reduction (I.e part refund) is a valid remedy where a repair/replacement isn’t offered, in fact you’d be entitled to reject for a full refund and it’s doubtful the bank will want your work bench. 

Thanks for your comments, I will discuss with the card provider.