Hello David my name is ***** ***** I will help you with this.
Any terms must be incorporated at the point of contract, ie the time of the order
They can not introduce terms after
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Under the Sale of Goods Act, goods must be as described, fit for purpose and of suitable quality. You can demand a refund or repair. You don't have to accept a credit note
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
do you agree the act stipulates faults to be reported within reasonable time not immediately even if it is put in conditions of sale
Reasonable time yes. However the Consumer Regulations state if a product is faulty within 6 months of purchase it is deemed to be faulty from the start
Therefore you can still sue for breach of contract
Does that help?