Different rights for sole traders??

bananas10

Apologies in advance if I'm posting on the wrong forum.
My husband is a sole trader and so not classed as a 'consumer' as such. I was just wondering if anyone knows where I can get info on his rights as a purchaser of items for his business? I have checked all the usual websites but I can't find anything that would apply in his case. They all refer to private consumers. Basically he signed a sales order for an item (no details given to him at any stage about cancellations or returns) but cancelled it a week later. The company are now demanding full payment for the item as they are claiming it was modified per his requirements. He had no requirements other than that it work properly and did not ask them at any stage to change anything so he is unaware of any modifications.
Does anyone know where I can get information on his rights in a case like this?

Procrastastudy

Assuming his rights are less or the same as a consumer he's snookered. If it's made to order then he's stuck with it.

Once you have purchased something there is no automatic right to return it for a refund. When its made to order its like you walked out with it. I suggest he finds out exactly what modifications they are saying they made and how they came about - even if it turns out he did no request a made to order product he may still not be able to claim a refund / non payment.

I could be wrong but I'm pretty sure distance selling directives don't even apply to consumers when its made to order.

foggy_lad

If the purchaser has not stated any particular requirements then normal distance selling rules should apply but they do not apply to business customers.

Do the company deal online? have you checked their website for terms and conditions?(if they have a website).

If he signed a sales order he should still have a copy of that which should have details of any special requirements or modifications but also the terms and conditions of the sale including details about returns delivery etc, if these details are not provided then I would fight the company and tell them that the order was cancelled in good time given they did not specify any timeframe or other terms for cancellations or returns.

You could try your local Citizens Information Centre for more information on this

bananas10

The company has a website but it's pretty basic and there is no information anywhere about terms & conditions, cancellations etc.
I also have a copy of the sales order here and there are no details at all about returns and cancellations and there is a section called 'special instructions to supplier' and it's totally blank. As far as my husband was concerned he was buying something 'off the shelf' so to speak, asked for no modifications and as he cancelled within a week, he didn't feel there would be an issue.
Fingers crossed!

dbran

Hi

Check out the Sale of Goods and Supply of Services Act 1890 regarding whether the goods are fit for purpose and of merchantable quality. You said that the only requirement was that the item "worked" which suggests that it did not.

Kind Regards


Dbran