Machine Mart - small claim
On Monday, April 22, 2013 2:19:13 AM UTC+1, Dave Baker wrote:
"Rick Hughes" wrote in message
You weren't obliged to accept a credit note but having done so you have
waived your rights to compensation or replacement of the original goods.
Lack of knowledge of your rights under law is not the court's problem or in
fact the seller's.
True, but he wouldn't have accepted it of they hadn't misinformed him; we'll only offer a credit note, you've opened the box.
As to the small print on the credit note, again you
should have read it carefully first. I'm afraid you therefore don't have a
claim against them.
I believe the T&Cs have to be available and agreed before the contract; you can't amend them afterwards. If it's your argument that he agreed to another contract by accepting the credit note, putting the T&Cs on the credit note suggests he hadn't seen them when agreeing to take it.
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