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

Ergates

BikingBud said:

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.

Then their "considerations" are worthless.  They're not worth a great deal even if they had checked, but given they didn't bother they don't have a leg to stand on in that regard.

BikingBud

DullGreyGuy 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?

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. 

Thanks for your comments.

The observations on the part of the Ts&Cs are quite telling, especially the DSR being ineffective since 2011, either they are incompetent or complete bluffers, both would significantly undermine any argument that they are accurate and applicable.

I haven't change my mind I want a work bench that provides the capability I have paid for, a work bench with drawers that pull out!

As I have been trying to get the supplier to address and rectify this for quite a period of time and they are not wanting to discuss, I feel that I want to reject the item and go to another supplier.

I will address with my card provider.

Jumblebumble

powerful_Rogue 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.

Who is the retailer?

Trivial to work out 
Adexa

Okell

BikingBud said:

... 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?

If you are simply asking whether the above wording excludes a s75 remedy under the 1974 Consumer Credit Act, then I think my answer would be:  "No - it doesn't prevent you from seeking a s75 remedy"

Consumer Credit Act is a bit of a misnomer as whether you are a consumer or a business is irrelevant as to whether or not the Act applies.  What the Act applies to is "consumer credit agreements", and s8 of the Act gives the following definition of such an agreement: "...  an agreement between an individual ( “the debtor”) and any other person ( “the creditor”) by which the creditor provides the debtor with credit of any amount."  [My bold for emphasis]

So what is important is whether you bought as an individual, not whether it's a business to business contrcat or a business to consumer contrcat.

Of course this might not stop your credit card provider arguing that s75 doesn't apply... but I think they'd be wrong...

Okell

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.

... And if you aren't actually a business they can't limit any liability they might have under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(Their reference to DSRs indicates how out of touch they are and how little they know...)

DullGreyGuy

Okell said:

BikingBud said:

... 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?

If you are simply asking whether the above wording excludes a s75 remedy under the 1974 Consumer Credit Act, then I think my answer would be:  "No - it doesn't prevent you from seeking a s75 remedy"

Consumer Credit Act is a bit of a misnomer as whether you are a consumer or a business is irrelevant as to whether or not the Act applies.  What the Act applies to is "consumer credit agreements", and s8 of the Act gives the following definition of such an agreement: "...  an agreement between an individual ( “the debtor”) and any other person ( “the creditor”) by which the creditor provides the debtor with credit of any amount."  [My bold for emphasis]

So what is important is whether you bought as an individual, not whether it's a business to business contrcat or a business to consumer contrcat.

Of course this might not stop your credit card provider arguing that s75 doesn't apply... but I think they'd be wrong...

As quoted earlier, the CCA does explicitly state that the individual is not acting in relation to their profession, trade or business (or its in relation to the purchase of land or a building)

BikingBud

Update - Card provider has refunded, let's see what happens next.

eskbanker

BikingBud said:

Update - Card provider has refunded, let's see what happens next.

If the card provider has refunded under s75 then that should be the end of the matter.

If instead they've chosen to process it as a chargeback then they should make it clear that the refund is provisional and could be subject to reversal if the merchant disputes it, and even if the merchant doesn't challenge the chargeback they could still pursue you for (what they'd see as) the debt later on....

born_again

BikingBud said:

Update - Card provider has refunded, let's see what happens next.

If it's a S75 then you should have signed a full & final settlement letter.

BikingBud

Update

Disputed Transaction raised with Card Provider.

Amongst an extend and rambling objection the vendor tried bluffing saying it was a business to business transaction but blew this by quoting 2 differing sets of Ts&Cs, one for business and one for consumers, interestingly the consumer Ts&Cs stated:

"If a fault is confirmed within 30 days of delivery, please inform us with evidence of the reported fault and you can then return the product(s) for a full refund or have a repair or a replacement."

something I had been attempting to do since 18 Dec 2024. Therefore taking into account that they couldn't decide which set of conditions they wished to apply and the fact that most of their argument to refute the chargeback was similarly incoherent and bullying I provided comments that they did not respond directly to. Without response from the vendor the period for them to object to the chargeback expired and the case was closed by the card provider

Subsequently the vendor has tried to contact me directly telling me how I should prepare their goods for recovery. I advised this was not my obligation and would not happen and that the goods were available for their collection at their convenience but that I would not be expending any further effort on this.

I was then challenged with being rude and threatened with legal action and MCOL submission. I reminded them that I have been trying to return the goods since 18 Dec 2024 and that I have been entirely reasonable in all my dealings. I did add that henceforth I would only respond to communication that confirms when they wish to collect.

It has been quiet since early March and they have made no arrangement to collect the goods.

I would strongly advise at this stage that people avoid any business with Adexa Direct.

My personal experience has not been too bad but looking on Trust Pilot, (the split between 5 stars - simple comments and 1 star - extended complaints, is staggering) and Facebook (at least 2 separate groups) there are many people that are trying to run businesses who trusted Adexa to provide a good product and a good service. They have been left out of pocket and with broken and sometimes unsafe equipment. Unfortunately it seems Adexa are not only incapable of providing a service of any quality but they will try almost any tactic to avoid their obligations.

Please do your own research, cheapest is seldom best, save yourself time and effort and hassle go with a reputable supplier.