A liability that the manufacturer has vis-a-vis the web-shop, unless otherwise agreed by the parties is that the product conforms with its description and that there are no latent defects with the product. The consumer may not directly raise a claim against the manufacturer for any defects with the product which is due to privity of contract. When the consumer decides to withdraw from the contract of sale that he has with the web-shop any ancillary contract is also extinguished. It is the final seller who in usual circumstances is liable to the consumer for any lack of conformity resulting from an act or omission by the producer, or any other intermediary in the same chain of contract. It is the final seller who is entitled to pursue remedies against the person or persons liable in the contractual chain and not the buyer. The remedies that the final seller pursues is determined by the national law of the country in question. Under English Law the burden of proof lies with the person pursuing the claim for defect. For example, the consumer has to prove to the retailer that the product was defective at the time of the purchase and the retailer must prove to the manufacturer must prove the same to the manufacturer of the product.
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