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Rights as a sole trader buying faulty goods

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  • 11-08-2014 6:16pm
    #1
    Registered Users Posts: 109 ✭✭


    Hello

    I purchased a new laptop last week, it arrived and after working for a few hours the touchpad froze and has not worked since.

    Seller hasn't been great help. First they told me to contact manufacturer which I didn't want to do given it was only a few hours old. After a few days they accepted the return request.
    They have told me to return it to them but won't cover postage costs. When I highlighted that this was contravening my rights they responded that I set up my account as a sole trader and thus they are not obliged to pay return postage costs.

    My question is, is their position correct? I bought the laptop for both personal and occasional business use and when purchasing on their website I did enter business name and type. I know my rights as a consumer but not as a sole trader.

    Would appreciate any advice

    Thanks in advance


Comments

  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    It all depends on their terms and conditions as your consumer rights don't hold as a trade buyer. What do the T&C say?


  • Registered Users Posts: 1,815 ✭✭✭lulu1


    I had the same problem with an item I bought . The seller gave me a number to ring the manufacturer. You bought the lap top in the shop not from the manufacturer so it is the shops responsability. The item I bought was a sewing machine costing nearly 1000euro but thankfully I have now been given a refund


  • Registered Users Posts: 109 ✭✭littlecbear


    lulu1 wrote: »
    I had the same problem with an item I bought . The seller gave me a number to ring the manufacturer. You bought the lap top in the shop not from the manufacturer so it is the shops responsability. The item I bought was a sewing machine costing nearly 1000euro but thankfully I have now been given a refund

    Thanks a lot for the fast response. Just went through the t&c and it does not specify either way for business customers...


  • Registered Users Posts: 109 ✭✭littlecbear


    lulu1 wrote: »
    I had the same problem with an item I bought . The seller gave me a number to ring the manufacturer. You bought the lap top in the shop not from the manufacturer so it is the shops responsability. The item I bought was a sewing machine costing nearly 1000euro but thankfully I have now been given a refund
    Glad you got it sorted. Next time I will just buy as a personal customer. Lesson learned.


  • Closed Accounts Posts: 997 ✭✭✭pedronomix


    You do have normal legal rights and I would suggest to them that you will sue them for losses incurred in your business which would be much more likely to obtain in a business situation. If you paid by credit card, rescind the transaction with the card company, this is big big bother for them with hassle and fees for charge backs etc. It will be far cheaper for them to make you happy!!


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