Not told software was trial version

[wino]

I went to many different shops before Christmas looking for a laptop for my son. I had a list of minimum requirements. At each shop I went through the list. I went to Currys and the assistant went through the list with me and recomended a laptop I asked does the laptop come with microsoft word and excell and was told yes it comes pre-loaded.

I then went next door to another shop and asked the assistant there the same questions but decided to buy the laptop from Currys. I went back to the store and this time a different sales assistant approached me. I explained that I was pretty sure that the laptop I was shown before was the one I was going to buy but before I do can he just check through the list again with me to make sure it had all the requirements my son needed. Again I was told the software comes pre-loaded and he pointed out the stickers on the keyboard itself saying what software is included.

Three months later my son informed me that he cannot access his college work on the laptop as the software was on;ly a trial version and now it was blocked. I emailed Currys who replied that the onus was on me to ask if it was a trial version. I wrote to the head office and have today received a reply saying that the staff at Currys are highly trained and would not of misled me into believing that the price included software.

Well I beg to disagree. They have offered as a gesture of 'goodwill' £20 off the full version so I only have to cough up the other £79.99!

Has anyone else experience this?
Where do I go to from here Trading Standards?
Maybe the local paper?

[old_andrew2007]

Hi

You are correct you were mislead, curry's are giving out their usual bull$h!t, you asked their employee what was included, you told them what the laptop was for.

I'd pop into your Local TS, they may even visit the store a carry out test purchases.

Regards

Andy

[Michael Browne]

In the meantime he could download Word Viewer, 2007 version here:
http://office.microsoft.com/en-us/do...258581033.aspx

which will enable him to access any Word docs

Otherwise download OpenOffice, which can open Word docs and then save them.

[gyzmo]

Just to point out on that I use Open Office myself and not had any problems with it.

In terms of what was said to you, I would call it a trade description. Being an ordinary person, you would presume that a computer, supplied with everyday programs like this, would not be just a trial. the onus is actually on THEM to tell YOU it is a trial.

Definitely report it to Consumer Direct - they will provide advice and information and the more information they get on such things the more likely it is that action can be taken.

Please do keep us updated and ask if you need any more assistance.

[ForestChav]

What make and model laptop is it?

[wino]

Thanks for the replies everyone.
Forest Chav the laptop is a Packard Bell MX37 u-004.

The branch in question has obviously been warned of my complaint and they will probably be telling all the assistants to make sure they tell everyone their comps only come with a trial version. The letter from head office says that I would of been told this and offered the full version at a reduced price at the time of purchase - COBBLERS!

I am certainly taking this further. Let you know how I get on.

[ForestChav]

Well, according to this... http://support.thetechguys.com/layout.aspx?ID={d4879cc7-4392-42d1-a677-20c86e994738}&CatID={af03 18af-a8f0-473e-9399-3c3d0e62cc46} It doesn't even say Office is supplied.

It certainly isn't part of Vista, and isn't often pre-loaded as anything other than a trial. But then I do have experience of the industry which the buyers do not - but it is always the case of the buyer beware.

So the point really hinges on the advice given by the store. A verbal communication is as admissible as something on a POS label but obviously it is more difficult to prove what has and hasnt been said.

As with anything it comes down to common sense and reasonability. If you asked if Office was installed on the PC and they said yes, they haven't misadvised you if only a trial version is. However, the question would then be if you were told it was installed, would you then assume that to be a trial or a full version? I would actually specifically ask (or check elsewhere) if I wasn't sure but a lot of people don't have the expertise to, or even to think it might not be a full version.

I wouldn't expect a full version to be supplied but then I suspect, despite being correct, I'd be in the minority in doing so.

Office (other than Home/Student, which is considerably cut down from Enterprise) is a pricey package which in some cases would cost more to buy than your typical PCW lappy.

They do usually upsell you office/norton... I have office licences though, and I think KIS is way superior to Norton so it doesn't bother me. My standard advice with the 30/90 day NIS trial is to take the trial then if you buy a copy with it, leave it in the box until that trial expires then reinstall your year's subscription. It's about maximising what you have... but then I would just uninstall NIS.

If you have been mis-advised by the store it wouldn't be too much of a hardship for them to throw in HSE for you, as a goodwill gesture.

[Mr Kenny]

This looks like a good example of a misleading omission in breach of the Consumer Protection from Unfair Trading Regs 2008

The Consumer Protection from Unfair Trading Regulations 2008 (No. 1277) - Statute Law Database

In particular Reg. 10

10. A trader is guilty of an offence if he engages in a commercial practice which is a misleading omission under regulation 6.

defined under Reg. 6 (c)

6. — (1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—
(a)
the commercial practice omits material information,
(b)
the commercial practice hides material information,
(c)
the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely,



Curry's have argued that their staff should have made the matter clear due to the staff's "extensive training" . Such claims would have to backed up by strong documentary evidence to provide a sufficent Reg. 17 "due diligence " defence for Curry's under Reg. 17..

17. — (1) In any proceedings against a person for an offence under regulation 9, 10, 11 or 12 it is a defence for that person to prove—
(a)
that the commission of the offence was due to—
(i)
a mistake;
(ii)
reliance on information supplied to him by another person;
(iii)
the act or default of another person;
(iv)
an accident; or
(v)
another cause beyond his control; and
(b)
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

[wino]

Thanks Mr Kenny
I have wrote to the branch manager giving him oportunity to rectify this matter and I have not even received a responce from him.
I am going to report it to Trading Standards this week. Any info like the info you have supplied is welcome

[gni03349]

Wino.. PM me.. I have some useful info. regarding software (not pirated or anything like that!!).

[ForestChav]

Originally Posted by Mr Kenny

This looks like a good example of a misleading omission in breach of the Consumer Protection from Unfair Trading Regs 2008

Which doesn't apply retrospectively.

Also, I think you might come unstuck regarding not being told it was a trial - the program will surely say on first load - and they will probably say that you weren't told it was a full version...

[Mr Kenny]

Originally Posted by ForestChav

Which doesn't apply retrospectively.

...

oops

Originally Posted by ForestChav

Also, I think you might come unstuck regarding not being told it was a trial - the program will surely say on first load - and they will probably say that you weren't told it was a full version

But if someone asks if it comes with MSOffice and they say yes, but omit the fact that the MSoffice it comes with is a trial version, that would surely classify itself as a misleading ommision? It is misleading, it leads a consumer to make a transactional decision they would not have taken otherwise, and it omits some essential information.

[gni03349]

An aside re my previous post asking Wino to PM me.

It's a bit late now, but if anybody is interested, Microsoft occasionally offer the full-blown software (NOT Student versions or anything like that) for ridiculous prices. As long as you can prove you are a student of some kind, or studying at a recognised establishment, then you get something silly like 80% discount (well, I did when I took up an offer). I managed to get Office 2007 Ultimate for £38!... all because I'm doing an OU course. This particular deal is over now, but for students, you can still get the FULL software at a discount (google for software4students, thebasement, studentoptions). Also, if the educational establishment has a Microsoft Academic license, students can get certain software for free. The software available depends on the MSDNAA licence that the school, college etc has, if any.

Just thought I'd mention it... might be useful to somebody.

[Pluto1234]

MS Office Pro 2007 £45.99
Software4Students.co.uk/Office Microsoft Office 2007 For Home. Up To 90% Discount. Microsoft Partner.

MS Office 2003 PRO £275
- UKTechstore: All of your software needs Full Version.Get OneNote 2003 Free! In Stock. Don't Pay VAT. Order Now

Microsoft Office '07 £254..........

Would somebody really believe they were getting the full versions?

Pound to a penny the POS or stickers on Laptop at time of purchase showed 'trial version'.

Yes, I understand the industry, I appreciate not everyone does-however it is now 2008-if it was 1996 I would have understood the confusion better.

'Does it come with Office?'
'Yes'

And it did.

Not being flighty, I just can't see the fuss here

[gni03349]

I got mine from the "Ultimate Steal" promotion (hence the "Ultimate" version of Office). The web page is still there, but the offer isn't lol.

Unless you know about prices, at least just a bit, you ought to know that what you get isn't going to be the full registered version.

There isn't much you can do about it actually (in this case), IMO.

As for the docs, I always "save as", and then choose rich text format for the file type (rtf). Saves me a lot of bother at least!

I think the OP was hoping to get something for nothing (or very little), but you can... if you shop around.

Anyway...

[gyzmo]

Originally Posted by Pluto1234

MS Office Pro 2007 £45.99
Software4Students.co.uk/Office Microsoft Office 2007 For Home. Up To 90% Discount. Microsoft Partner.

MS Office 2003 PRO £275
- UKTechstore: All of your software needs Full Version.Get OneNote 2003 Free! In Stock. Don't Pay VAT. Order Now

Microsoft Office '07 £254..........

Would somebody really believe they were getting the full versions?

In the absence of anything stating it is a trial, then yes.