Online Selling Returns law

[XM5ER]

Hi All,

I have a question with regards to Online and Distance Selling. My understanding is that you have 14 days from the receipt of the goods (in this case laptops) to return the goods for any reason.

Mt colleague has a company that claim that because he is a business customer that these laws do not apply (despite the fact that their own terms page contain the words "THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER" at the top.

I suspect that this is unlawful and that they don not have a leg to stand on.

Any thoughts?

[So]

XM5ER said:

Hi All,

I have a question with regards to Online and Distance Selling. My understanding is that you have 14 days from the receipt of the goods (in this case laptops) to return the goods for any reason.

Mt colleague has a company that claim that because he is a business customer that these laws do not apply (despite the fact that their own terms page contain the words "THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER" at the top.

I suspect that this is unlawful and that they don not have a leg to stand on.

Any thoughts?

If it's B2B and the T&Cs state no refunds, then it's no refund I'm afraid.

[XM5ER]

So said:

If it's B2B and the T&Cs state no refunds, then it's no refund I'm afraid.

Thanks for your response.

Can you point me to where that is stated in law as I can only find this

http://www.legislation.gov.uk/uksi/2013/3134/conte...

[akirk]

XM5ER said:

Hi All,

I have a question with regards to Online and Distance Selling. My understanding is that you have 14 days from the receipt of the goods (in this case laptops) to return the goods for any reason.

Mt colleague has a company that claim that because he is a business customer that these laws do not apply (despite the fact that their own terms page contain the words "THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER" at the top.

I suspect that this is unlawful and that they don not have a leg to stand on.

Any thoughts?

not affecting the statutory rights simply means any rights held in law - but a B2B transaction is not protected in the same way as B2C as there is an expectation that you have more knowledge in a business setting - therefore no return

[Jakg]

XM5ER said:

Thanks for your response.

Can you point me to where that is stated in law as I can only find this

http://www.legislation.gov.uk/uksi/2013/3134/conte...

Your looking at consumer contracts. They are not a consumer, they are a business - so it does not apply.

That is if they really did buy as a business, and not as an individual.

[So]

XM5ER said:

So said:

If it's B2B and the T&Cs state no refunds, then it's no refund I'm afraid.

Thanks for your response.

Can you point me to where that is stated in law as I can only find this

http://www.legislation.gov.uk/uksi/2013/3134/conte...

PART 1 Regulation 4.

In these Regulations—
“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

[XM5ER]

He's screwed then. Oh well, i told him to use our IT company but he insisted on saving £50.

[akirk]

XM5ER said:

He's screwed then. Oh well, i told him to use our IT company but he insisted on saving £50.

well he is hardly screwed
if the laptop is still working okay then he has a valid laptop
if not then he will have a warranty and can get it fixed