Is an independent subcontractor similar as a customer?

[Estelle77]

Hi, my question is: is an independend subcontractor in the same position as a customer of a company selling a product? In their T&Cs there is a clause that I am responsible for the returning postage in case I decide not to use the particular product for sale or other purposes, within 21 days of not exactly specified time (Posting? Delivering? Signature? ) They say that when I buy the product, I can have it the next day, via courier perhaps. I am trying to figure this out in terms of distant selling regulations – when the product is not fit for purpose, as described or damaged, I have the right to return it back after accepting it as there is no chance that I could inspect the content while the courier is waiting for the signature and rushing to other customers.
I know this might be an unlikely event as there is a narrow range of products and couriers tend to handle the goods better (are they? ) but I just want to make sure that I have rights not to loose money on returning postage, since I am actually buying the products for sale so I see myself as a kind of a customer.

 

[ALewis]

Signing with a courier is not proof of acceptance, it is simply agreeing that delivery has been actioned and you acknowledge receipt of the goods arriving.
The Distance Selling Regulations provides consumers with 7 days from the receiving of the goods,
however unfortunately for yourself, you are not deemed as a consumer to be covered by the DSR's:
“consumer” means any natural person who, in contracts to which these Regulations apply, is acting for purposes which are outside his business;

Sorry

 

[Estelle77]

Hi, thanks, so if I have asked them about this and they replied, they were not saying the truth?

Quoting the question:

"Does this clause include the rules of a distant selling: when the product is damaged, other than ordered or not fit for purpose - I have a right to require the refund of the postage back as well? Just in case, an unlike scenario, but this should be remembered about. I am not sure whether me, as an independent subcontractor, have the same rights as any other consumer or customer of an online shop."

Their answer:

"Consumer rights apply so if the product is faulty or damaged, the company will either replace or resend, but if it is just a change of mind and a refund is sought it is up to the buyer to return etc"

I think that my question was not answered well, because their answer was about a buyer, not a subcontractor. Am I correct?

 

[ALewis]

I agree that their answer wasn't exactly worded great, however don't forget that companies can go above and beyond what is required of them by regulations. For the purpose of the business, they may deem any purchaser as a 'consumer' and provide the same protection to you as they would a regular 'consumer' by definition.

ALewis.

 

[Estelle77]

Thanks, so I will stick with what they replied to my question and if in a dispute I have it black on white that they will pay for the returning postage, regardless of what the legislation states, right?

 

[ALewis]

Thanks, so I will stick with what they replied to my question and if in a dispute I have it black on white that they will pay for the returning postage, regardless of what the legislation states, right?

absolutely, youve asked them a specific question, theyve replied with a generic looking message which does somewhat answer the question, hold them to it.

 

[Estelle77]

Thank you, you can consider this question as solved.

Thank you, you can consider this question as solved.
(dunno what else to write to probably fill the minimal quota for characters )