seejay555

I'd say, as a contract lawyer, that, from your description, this was a "business to business" contract so no cooling off. The fact that you paid for the goods doesn't make it a business to consumer contract.


[Edited by seejay555 - 10/4/2002 12:34:27 PM]

ozzy

I'm trying to return some unwanted computer equipment. The company clearly offer this under a 7-day "cooling off" period.

They have just told me that I can't return the items because "companies cannot use a cooling off period".

Although, the delivery address was for a company, I personally paid for the equipment using my credit card.

Does this mean that by law, the buyer(me) isn't registered with a company and is therefore entitled to the cooling-off period?

Stefan

chiark

I'd argue like buggery under the distance selling act of 2000 you are entitled to a full refund.

Go armed - see the OFT's page all about it...

Have a look at the exclusions page, and I think you'll be fine. Incidentally, that site is damn useful!!!!!

Nick.

seejay555

Who bought the equipment? Who would sue the supplier if it was defective - you or the company?

ozzy

I physically bought them, but they are intended for the business (I simply claim back the costs through my expenses).

Basically, we needed to upgrade a whole bunch of PC's, so I check which modules were needed and order the same spec chips from Komplett.

Unfortunately, the don't work so I don't need the £500 worth of modules. I've asked their tech dept to provide an alternative, since Dell tech support say that those spec of modules should work OK.

Stefan

chiark

Business to business sales are explicitly excluded from the Consumer Protection Act, so this is where it gets sticky.

If you paid for them using a personal credit card, as opposed to a business line of credit, I'd say you're well within your rights.

Nick.

ozzy

Hmm,

Just had a reply from them telling me that it's to do with the "judicial unit" being the business address and not me personally i.e. who it's invoiced too

I asked if their tech support could suggest swapping the stuff for crucial RAM and they told me that I could return it, but if they tested it OK then it would simply be returned to me.

I could then sell it on eBay (their words) or return it for a 75% credit.

Talk about sh!tty customer service.

You have to create an account when you order stuff, so I put down the business name and address, but I paid with my own personal credit card.

Do you reckon I'm stuffed, or should I keep fighting it. I'm starting to get really pi$$ed off with their "I don't give a **** attitude".

Stefan

chiark

seejay, so if I order stuff and get it sent to my work address, I too am fecked by the lack of protection?

seejay555

Why would you be? You're confusing payment/delivery with the parties to the contract. I order wine from the Sunday Times Wine Club and get it sent to work - I'm buying as a consumer. I order stuff at work, for work purposes but pay for it myself and claim it back from work, I'm buying on behalf of the company. Hence my question about who would sue/kick up a fuss if the goods were what was wanted but were defective. The answer (I think, from the description given)is that the company would sue. Seems to me therefore that the company bought the goods through Stefan.

ozzy

Reluctantly, I'd agree that it was a Business to Business contract. I'm trying to get the company to supply Crucial memory as a replacement as the stuff they've supplied is either faulty, incompatible or just darn cheap and nasty.

Guess the moral of the story is to make sure you specify your home address to get cover as a consumer.

Nice to know that as a business you can still get shafted

Stefan

seejay555

Nooooooooooooooooo.
Just getting a supplier to deliver something to your home won't necessarily help. The moral of the story is don't contract/buy in a business capacity if you want to take advantage of the cooling-off period.