6.Section 14 (Special provisions relating to contracts of conditional sale). When a merchant exhibits or promotes goods (for example. B by displaying them in a store in addition to a price ticket, it usually gives consumers an “invitation to be cared for”. The consumer can then make an offer to purchase the goods. On that date, the merchant is not required to accept the offer; a contract is concluded if the contractor agrees. Prior to the CRA, consumers had no legal recourse when services were of poor quality or defective, although they did use the common law (for example.B. If the Services were contrary to an explicit or implied contract term that the Provider would use with appropriate diligence and skill. Consequently, for contracts for which companies provide services to consumers (including financial services and telecommunications and with very limited exceptions, for example.B. employment contracts), the credit rating agency provides that if more than six months have elapsed, the consumer must prove that the defect was present at the time of delivery. They must also demonstrate that the defect is present at the time of delivery when they exercise the right of refusal in the short term.
Some defects do not become apparent until some time after delivery and, in these cases, it is sufficient to demonstrate that there is at that time an underlying or hidden deficiency. The test of injustice remains virtually the same. A term is unfair when it “creates, contrary to the requirements of good faith, a significant imbalance in the rights and obligations of the parties under the contract to the detriment of the consumer”. . . .