Burden of Proof

PCMcGarry

neilmcl wrote: »

The website is correct, up to a point, what it doesn't mention is that this doesn't apply to the short-term right to reject where the onus is on the buyer.

But in biffas case he can get a repair or replacement?

Which I think will suit him.

neilmcl

PCMcGarry wrote: »

But in biffas case he can get a repair or replacement?

Which I think will suit him.

And that's fine but I was specifically making a point about the short-term right to reject as also mentioned in the OP's post.

Moving on.

unholyangel

OP try highlighting this document to them, specifically, the section titled "time limit on claims" and "exclusion of liability for faulty or misdescribed goods"

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

And also if you look at the accompanying annexe A (which gives examples of terms they found to be in breach of either the unfair contract terms act or the unfair terms in consumer contract regulations and also what action was taken) found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/332719/oft311-annexes.pdf

Particularly, this part (under time limit on claims heading):

Original term
Faulty goods will be exchanged if returned or notified within 7 days from
the date of invoice and returned in original, clean and full packaging.
Action taken
Term deleted.

Original term
Written notice of any defect in the goods when delivered shall be served
upon the company within 7 days of delivery. The Customer shall be
deemed to have accepted the goods 7 days after delivery.
Action taken
New term: The Customer is asked to examine the goods as soon as
reasonably possible after delivery and notify the Company of any fault or
damage as soon as reasonably possible.