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Consumer Tip For You

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I just thought I would post this quickly as a tip. Consumers as you are doubtless aware, are afforded statutory protection of goods they buy, courtesy of the Sale of Goods Act 1979. When dealing in the course of a business however, you get no such protection if the seller excludes any such liability by way of small print. Presuming of course that the small print satisfies the requirements of reasonableness.

It is easy to assume for example that if you run a shop and need to keep the place tidy and purchase a vacuum cleaner from Argos in the name of your company, that the seller (Argos) can rely on small print and exclude your SOGA rights. However, to be deemed as dealing in the course of a business and therefore allowing the seller to rely on such small print, there must be a sufficient degree of regularity to the purchases and the purchase must be integral to the running of the business.

A one off purchase that is merely incidental to the running of a business means that you deal as a consumer and are afforded the protection.

**See R & B Customs Brokers Co Ltd v United Dominions Trust Ltd**

  • 3 weeks later...


Another top tip I think worth sharing also....

If you are going to buy any large article, valued over £100 (such as a vehicle or electronic device) then you should avoid using paypal to pay either part or full the price of the article - if the overall intention is to pay using credit card.

This is because your rights under the Consumer Credit Act 1974 (section 75 as its commonly referred to!) are offered to all purchases exceeding £100 (even if you only pay a fraction of that on your credit card). This benefit is called being "Jointly Liable", which means if you buy a car, it goes up the swanny, and you paid a fraction on credit card, then your credit card provider is jointly liable. So if the garage goes out of business, drops you a heap on your driveway and refuses to do anything - your card provider is at liberty to sort this for you!

Basically, to use section 75, you need to have 3 (and only 3!) elements involved:

1) Your Credit Card provider

2) The Business your dealing with

3) The product you have been provided

However, if you use PayPal, they are considered a third party, broker, payment management firm or agency (all meaning the same thing!). Basically your credit card company pays PayPal. PayPal then handle your payment, and pay it to the company. So the 3 and only 3, becomes 4.

1) Your Credit Card provider

2) PayPal

3) The Business your dealing with

4) The product you have been provided

Basically, because section 75 only considers three parties, the payer, the business and the product, they consider PayPal to be your originating source of payment, and your rights are abolished. You may as well have paid cash, as the protection you otherwise were entitled to is no longer available.

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