warning - Machine Mart
On 23/08/2013 21:38, Jeremy Nicoll - news posts wrote:
Rick Hughes wrote:
I asked about description not matching item, again he would not change -
the fact I accepted the Credit Note, meant I accepted all the t&c's that
go with them, irrespective of whether I read then or not.
I'm surprised that the legislation on unfair terms & conditions (which is
what I would have expected a very small expiry date that no-one points out
to you would be) were not applicable.
And to me that would suggest that whether you 'accepted' them or not is
immaterial.
Judge said immaterial ... I asked if MM had a duty of care to explain
any time limit - Judge said no as they were printed T&C's
Judge held that while he was disappointed in the position MM had taken,
and they should have offered the refund initially, as I had accepted the
Credit note, legally had accepted t&c's that go with them.
|