Reversed Burden

The Regulations, in force from 31 March 2003, say that when a consumer seeks the remedies of repair, replacement, partial refund or full refund, in the first six months after the sale, it is for the retailer to prove that the goods conformed with the contract in disputed cases.

This has been called the “reversed burden of proof”. After six months, however, it is for the consumer to prove that the lack of conformity existed at the time of the sale.