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Hidden VAT in online purchase
Comments
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I'd like to take a look at this 'deceptive' website too.
Why are you being so reluctant to name them?
I bought goods from UK website selling mainly to hospitality trade
Is the site dealing with the more, er, exotic end of the hospitality industry?
Bit disappointing if it's just Nisbets (which does have a inc/ex VAT toggle).
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My thoughts are as follows.
I think that using a Large Language Model for legal assitance is an inherently bad idea, and often results in deceptively plausible sounding but entirely incorrect "advice" being given as the job of an LLM is to essentially predict the next word, not dish out legal advice. And if you then compound it by trusting it, instead of verifying what it has said is correct, you'll end up in no end of trouble. Or make yourself look a bit silly on an internet forum.3 -
How about naming the site?
Can the OP name the website?
It would be useful to see the site.
It would help to see the website in question
What was the website?
Not sure why you are so reluctant to name the site, you said earlier in case they did no wrong but you are adamant they have?
which website?
I'd like to take a look at this 'deceptive' website too.
Why are you being so reluctant to name them?
I think it's very disappointing that so many people have taken the time to help you and have pleaded for you to identify the site so we're not all shooting in the dark, but despite 4 further responses from you in this thread, you avoid sharing the site, and instead continue to feed us AI generated counter-arguments (em dash is a giveaway).
The more cynical among us might suspect that the website isn't as misleading as you might suggest - surely you'd want to prove the cynical among us wrong?
Personally I think as a sign of respect to the time people are providing to offer guidance on this, the least you could do is provide the site so we have at least something to go off.
FWIW, and perhaps ironically, if I copy your reply referring to the 2024 DMCC Act into a LLM, it returns the below. To give credit to to the LLM in this case, this is also effectively the same advice as what everyone has given you in this thread, but you seem to be totally unwilling to hear it from us.
While the retailer committed a breach of consumer protection regulations by failing to display VAT-inclusive pricing upfront, it does not automatically make the VAT an "illegal extra charge" that must be refunded.- VAT is a government-mandated tax. If you completed the transaction, agreed to the final checkout price (where tax was added), and paid it, the seller collected that VAT on behalf of HMRC.
- Under consumer legislation (such as Part 4 of the DMCCA or CPRs), remedies for misleading actions generally require showing that the practice caused you to make a transactional decision you otherwise wouldn't have made (e.g., purchasing an item you wouldn't have bought had you known the true price). The standard legal remedy is usually cancellation and full refund upon returning the goods, rather than keeping the goods and forcing a 20% discount.
Know what you don't4 -
Makro is now Bookers, we do shop there and it is still the same as it is predominantly a B2B operation.
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If the website is not marketed as purely being open to trade customers then it should be default include VAT in its prices.
My understanding however is if the site is intended to be B2B only then the consumer protections dont apply and so they can list everything as net even if it doesnt prevent consumers from buying from it
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I think you are conflating a few different things.
Just because they didnt flag the vat clearly up front doesn't make the charge itself illegal, its the way they have presented it that is the problem. Drip feed pricing is illegal, but that doesn't mean the constituent parts of the price are illegal. The remedy is a full refund if you are unhappy, but youll need to return the goods.
It's not possible to advise further unless you are prepared to state the website.
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Happy to respond to a polite request with given reasons. Lumea is the website. Great products - shame about the pricing.
Everything I’ve read on gov.uk & CMA says it is categorically illegal to fail to state VAT prices throughout, on website combining B2B & B2C sales. .0 -
But have you found anything authoritative that would support the interpretation that offending merchants would be obliged to refund the VAT, rather than cancelling and returning goods for a full refund?
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N. Hampshire, he/him. Octopus Intelligent Go elec / Fuse gas / Vodafone BB / iD mobile. Kirk Hill Co-op member.Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Ecoflow Stream, Best kettle :-)
2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 37 MWh generated, long-term average 2.6 Os.1 -
Can’t see that trade statement anywhere on Lumea.co.uk. lumeahome doesn’t exist. Maybe it did once, but not now. The FAQs do say “Lumea PRIMARILY supplies professional hospitality venues” but is clearly intended to covers all customers ie those who pay VAT, because T&Cs do say:
“The prices on the website are displayed in all possible variants making clear the full price including all value added taxes (where applicable) and also the amount of VAT applicable and the price excluding VAT.”
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