Misleading claims (business to business)
Misleading Claims
If a trade supplier makes misleading claims about delivery charges, this may be a breach of the “misleading advertising provisions” of the Business Protection from Misleading Marketing Regulations 2008
Example False claims about delivery charges
Attracted by an offer of “free delivery to UK Mainland for purchases over £100”, a small business based in Argyll buys £105 of stationery from a large trade supply website. It subsequently transpires that a £25 charge has been made as the seller does not consider the Argyll address to be “mainland”, even though it is not on an island and is not particularly remote in the context of its rural area.
Buyer's Rights
Buying business may have a contractual right for delivery of the goods for free if it can show that it has a contract on those terms.
What can the buyer do?
Subject to the exact contractual position:
-
Claim for implementation of the deal for £105 as agreed, OR
-
Refuse to pay and abandon the purchase
In any event: