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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a fat freezing machine from aurox aesthetics after

Customer Question

i bought a fat freezing machine from aurox aesthetics after a sales rep came to see me. I paid 6777 pounds over the phone.
the machine was brought by the sales rep two weeks later to my clinic.
it was a completely different model to the one in the brochure, when i questioned this I was told that it was the new machine.
the sales rep began to train me on the machine with a client of mine being a model.
the machine gave my client 1st degree burns
i told the sales man that i no longer wanted the machine as it burnt people. He said that I would receive a refund, the director telephoned me and offered a replacement. I said I wanted a refund, she agreed to give me a refund.
ten days later I received an e-mail saying that I am not entitled to a refund and if I wanted to pursue it to contact their solicitors.
how do i get my refund?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, how did you pay for the machine please?
Customer: replied 2 years ago.
Hi Ben
I did reply earlier
I paid for the machine by debit card over the phone
Customer: replied 2 years ago.
Hi Ben,
Are you able to reply?
Expert:  Ben Jones replied 2 years ago.
Hello, sorry this is the first reply I have seen by you. If you paid by debit card and the seller is not willing to voluntarily refund you, then the only possible option you have is to take them to the small claims court. This is a relatively risk-free option because even if you lose you would not be required to pay their legal fees. So you will have to pay the court fees to issue the claim - if you win then you get court judgment against them for the amount pursued which you can enforce against them; if you lose then you get nothing but at least you do not have to pay their legal fees. This is your basic legal position. I have more detailed advice for you in terms of the specific procedure you need to follow to make a claim, including the steps you should follow before that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 2 years ago.
Thank you
However I am already aware that I can go to a small claims court. Why I'm asking a legal expert their advice is to see where I stand within English/European consumer law, With the specific details of my case. That I do not knowThank you *****
Expert:  Ben Jones replied 2 years ago.
Does the contract you had with them state that specific consumer laws are disapplied?
Customer: replied 2 years ago.
The honest answer to that is, I do not know, I signed an invoice without reading it and have never been given a copy. So possiblyThank youJayne
Expert:  Ben Jones replied 2 years ago.
This will affect your rights. You are not a consumer because you bought the item in the course of a business and in law a consumer is a private individual and that is who the consumer legislation is aimed at. However, the Sale of Goods Act 1979 still applies to business to business purchases and states that an item must be as described, fit for purpose and of satisfactory quality. If it is not you could ask for a refund within a reasonable time. However, the seller can disapply this legislation in the contract between them and the buyer so that is why I asked if that was the case. If it did, then you cannot rely on that protection so you need to check the contract/invoice to see if that was the case. If you had the protection then you can go to the small claim court as you are already aware. Hope this clarifies?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.