Could anyone give me advice on how the law designates a consumer purchase over a business purchase?
I bought a video capture device from a company called Siren Technology based in Manchester. The order was made on the phone using my personal bank card. The person who took the order asked if there was a business name I wanted on the invoice. There was as I wanted the goods sent to the company I work for.
The goods turned out to be totally inadequate and I returned them to the company asking for a full refund. They flatly refused claiming that I had made a business purchase and not a consumer purchase. They told me if I wanted the goods returned I'd have to pay to have them sent back.
The terms and conditions on their web site state that a consumer purchase is:-
“Any person who buys goods from us for purposes which are outside his trade, business or profession.”
This seems ridiculous as firstly when the sale was made no questions were ever asked as to what the business name represented. Secondly, that means anyone who makes a consumer purchase from their workplace automatically voids any consumer rights.
I have repeatedly e-mailed and written letters to the company asking them to explain exactly how they have come to the conclusion that this is a business purchase. Each time they refuse to answer my questions and keep saying over and over again: "We aren't legal professionals but as far as we are concerned this was a business purchase."
I contacted trading standards and they told me I would have to make a county court claim against then. I have done so and submitted the papers to the court. Siren Technology have entered their defence stating that I am involved in the business of video production and video capture therefore my claim as a consumer purchase is void. This is total nonsense as I work for a company that sells video production equipment and has nothing to do with video production. The unit was specifically for transferring old personal video tapes from a format that no-one uses anymore, a fact that I made clear to Siren from the beginning.
Even if it was a business purchase I'm amazed there is no protection whatsoever, especially as the goods were faulty. But of course Siren Technology claim there is nothing wrong with the goods.
So I've been out of pocket for £350 since December who have both my money and the goods and no intention to assist me further.
What can I take to the court to prove this is a consumer purchase and what does it state in law what a consumer purchase is?
I bought a video capture device from a company called Siren Technology based in Manchester. The order was made on the phone using my personal bank card. The person who took the order asked if there was a business name I wanted on the invoice. There was as I wanted the goods sent to the company I work for.
The goods turned out to be totally inadequate and I returned them to the company asking for a full refund. They flatly refused claiming that I had made a business purchase and not a consumer purchase. They told me if I wanted the goods returned I'd have to pay to have them sent back.
The terms and conditions on their web site state that a consumer purchase is:-
“Any person who buys goods from us for purposes which are outside his trade, business or profession.”
This seems ridiculous as firstly when the sale was made no questions were ever asked as to what the business name represented. Secondly, that means anyone who makes a consumer purchase from their workplace automatically voids any consumer rights.
I have repeatedly e-mailed and written letters to the company asking them to explain exactly how they have come to the conclusion that this is a business purchase. Each time they refuse to answer my questions and keep saying over and over again: "We aren't legal professionals but as far as we are concerned this was a business purchase."
I contacted trading standards and they told me I would have to make a county court claim against then. I have done so and submitted the papers to the court. Siren Technology have entered their defence stating that I am involved in the business of video production and video capture therefore my claim as a consumer purchase is void. This is total nonsense as I work for a company that sells video production equipment and has nothing to do with video production. The unit was specifically for transferring old personal video tapes from a format that no-one uses anymore, a fact that I made clear to Siren from the beginning.
Even if it was a business purchase I'm amazed there is no protection whatsoever, especially as the goods were faulty. But of course Siren Technology claim there is nothing wrong with the goods.
So I've been out of pocket for £350 since December who have both my money and the goods and no intention to assist me further.
What can I take to the court to prove this is a consumer purchase and what does it state in law what a consumer purchase is?