1180: "Virus Venn Diagram"

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rmsgrey
Posts: 3656
Joined: Wed Nov 16, 2011 6:35 pm UTC

Re: 1180: "Virus Venn Diagram"

Postby rmsgrey » Mon Mar 11, 2013 12:24 pm UTC

styrofoam wrote:How would you prove the case actually came empty, as opposed to removing the disk from the case and trying to get your money back?

How would they prove it didn't have missing parts?

Most shops would rather take complaints at face value and accept the occasional scammer (note that repeat offenders are more likely to get suspected and caught out) than have customers making a point to open the packaging and inspect the contents at the point of sale, which slows down service for other customers, and is instant negative publicity. I don't know where UK law places the burden of proof in such matters, but the few times I've discovered a store's policy on the matter, it's been to accept the faulty good without a quibble.

Thorbard9
Posts: 44
Joined: Mon Feb 15, 2010 7:42 pm UTC

Re: 1180: "Virus Venn Diagram"

Postby Thorbard9 » Mon Mar 11, 2013 2:29 pm UTC

rmsgrey wrote:
styrofoam wrote:How would you prove the case actually came empty, as opposed to removing the disk from the case and trying to get your money back?

How would they prove it didn't have missing parts?

Most shops would rather take complaints at face value and accept the occasional scammer (note that repeat offenders are more likely to get suspected and caught out) than have customers making a point to open the packaging and inspect the contents at the point of sale, which slows down service for other customers, and is instant negative publicity. I don't know where UK law places the burden of proof in such matters, but the few times I've discovered a store's policy on the matter, it's been to accept the faulty good without a quibble.


In the UK, in the first 6 months after purchase, the burden of proof relating to any fault is with the seller (ie prove that it was not faulty when sold).
After 6 months (and for up to 6 years) the burden of proof is on the buyer (ie prove that it was faulty when sold).

rmsgrey
Posts: 3656
Joined: Wed Nov 16, 2011 6:35 pm UTC

Re: 1180: "Virus Venn Diagram"

Postby rmsgrey » Mon Mar 11, 2013 3:25 pm UTC

Thorbard9 wrote:
rmsgrey wrote:
styrofoam wrote:How would you prove the case actually came empty, as opposed to removing the disk from the case and trying to get your money back?

How would they prove it didn't have missing parts?

Most shops would rather take complaints at face value and accept the occasional scammer (note that repeat offenders are more likely to get suspected and caught out) than have customers making a point to open the packaging and inspect the contents at the point of sale, which slows down service for other customers, and is instant negative publicity. I don't know where UK law places the burden of proof in such matters, but the few times I've discovered a store's policy on the matter, it's been to accept the faulty good without a quibble.


In the UK, in the first 6 months after purchase, the burden of proof relating to any fault is with the seller (ie prove that it was not faulty when sold).
After 6 months (and for up to 6 years) the burden of proof is on the buyer (ie prove that it was faulty when sold).

I assume that after 6 years, it's assumed that if it had had a fault when sold, it would have manifested before then, and if the fault was minor enough that you just didn't get around to complaining, then it's minor enough not to warrant and form of recompense...


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