If there is something wrong with the item you have purchased, you may risk disagreeing with the seller as to whether it is a defect under the Purchase Act or whether you are to blame for the damage. In that situation, special rules apply for who must prove that there is a defect in accordance with the rules of the Purchase Act.
It is basically you as a consumer who must prove that the defect in the product is a defect according to the Purchase Act. For the first six months after delivery, however, the presumption rule applies.
This needs to be clarified:
- Is there anything wrong with the item at all
- Due to what is wrong, an original defect in the item
- Delivers the item up to what was agreed
Rules of evidence:
0-6 months: the presumption rule applies
6-24 months: the consumer must prove that the defect complained of was present at the time of delivery.
The presumption rule 0-6 months
When an error or defect appears within the first six months after delivery, there is a "presumption" under the Purchase Act that the error or the reason for it was already present when the item was delivered to the consumer. This rule is called the "presumption rule". As a consumer, you must therefore not prove anything other than that the product has the defect or defect that you are now complaining about.
Seller examines the item
When you complain, the seller can examine the item, and if he finds out that you are to blame for the error, he can, for example, refuse to repair, unless you pay for it yourself. It could be, for example, that sand has entered the camera, cola in the computer, or that the charger has suffered some damage.
The seller may only reject your complaint if it is either obvious or very likely that you are to blame for the damage, and it is the seller who must make it probable that this is the case.
If seller rejects your complaint
If you do not agree with the seller's assessment, you must either prove that the defect was present at the time of delivery, or you must hand over the case to an appeal body, eg the Consumer Complaints Board. If the seller has the right to reject the complaint, there is not much more to do. Then you have to pay or discard the item yourself.
If the seller has not had the right to reject the complaint, he may lose his right to repair or exchange the item. This means that very often you will have the right to get your money back if that is what you prefer.
Consumer burden of proof 6-24 months
In the first instance, you must prove that the item has a defect or defect. In many cases it will not be a problem as many errors and omissions can be easily seen. In the case of a so-called periodic error, which only occurs occasionally, you must describe the error and when it occurs as well as possible.
If the item is not as agreed
When you buy an item and do not agree that it must be able to do something special or be suitable for a special purpose, the item must be as the type of item usually is. If, on the other hand, you have been promised that the item is suitable for something special that is not normal for that type of item, you must prove what the seller has promised about the item. For example, the watch may be suitable for diving.rmalt for den type varer, skal du bevise, hvad sælgeren har lovet om varen. Det kan fx være, at uret er egnet til dykning.
If the seller claims that you have accepted that the item is not like other items of the same type, it is he who must prove that you have accepted this at the time of purchase. This may, for example, be a lack of Danish instructions for use for the digital camera.
Is the defect covered by the Purchase Act?
What needs to be clarified is whether the defect or the cause of it was present at the time of delivery. In many cases, it lends itself because it is obvious that there is a manufacturing defect or bad materials. It can be, for example, the pram that fades, or the lining of the jacket that slides in the seam.
If there is a disagreement as to whether a defect is covered by the Purchase Act's right of complaint, it is you as the consumer who must prove that the defect is covered. If you cannot prove that a defect is covered by the Purchase Act, you can investigate whether an appeals board, eg the Consumer Complaints Board, can help you.
Is the defect covered by a warranty?
If a warranty has been given on the item or on the part you are complaining about, it is always the guarantor who must prove that what you are complaining about is not covered by the warranty. In that situation, you only need to prove that there is something wrong with the item.
This article is from forbrug.dk (se her)