Terms of Trade. Read the small print.
Two brothers are in business. They do small extensions, kitchen and bathroom refurbishment or updating.
One brother asked for advice because a supplier had refused to take back a bath that appeared defective. If he had been a consumer, the supplier would have had to remedy the fault – replacing the bath or refunding the amount paid.
As a trader, he was bound by the supplier’s Terms of Trade.
He was selling the bath on as part of a bathroom refit. It was a special item, ordered from abroad and would be charged to the householder as part of the works undertaken. The Terms of Trade specifically included a condition that special items (one-off orders to meet a particular need) could not be returned.
Like many people unfortunately, our client hadn’t read the Terms of Trade properly. He was now left with a bath his customer had rejected and he had to pay for. He would need to deal with the supplier himself to get any satisfaction.