faulty windows vista disc from Aria Technology

[minimo]

I bought a new windows vista disc (oem) from Aria Technology, online. When I tried to install It wouldnt do it. I took my pc and the new disc to a microsoft certified engineer, and he couldnt install it said the disc was faulty. his own copy will install perfectly on my machine but mine would not. After many emails to aria they said to send photos of the faulty disc, which I did, and they agreed it appeared to be faulty. they refused to accept it back but eventually agreed to send me a copied disc, which would be legal as I had payed for the licence,(apparently that does not entitle me to a disc, just permission to used the software!). I thought my problems were over but the disc never arrived and they have not answered any of my emails since then. this has now been going on for nearly 2 years and I wonder if anyone knows what I should do now.

 

I think I'm ready for the funny farm!

[Conniff]

Has there been constant contact or attempted contact with the company over this 2 year period?

Did you let them know that the disc never arrived?

[perplexity]

Demand a full refund, at least.

 

EU Directive 1999/44/EC sets out the general rights and duties in a usefully clear fashion:

 

EUR-Lex - 31999L0044 - EN

[blitz]

You will notice that EU directives they mention member states need to change this etc, as EU directives are adopted into the Law. You would need to quote this, not the EU ones

[perplexity]

The EU Directive 1999/44/EC is a minimal directive and the implementation of a directive is not a voluntary option, which is to say that one is entitled to assume that the terms are entirely implemented, as a part of the law of any member state.

 

To invoke the authority of the UK laws (which may provide extra protections) cite The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003, which lists the relevant UK legislation:

 

The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

[blitz]

With the way EU directives can be adopted, it is easier, more efficient, clearer and helps everyone when the relevant UK law is quoted. Yes the EU directives are there, however I have always found that some of the EU directives can be sketchy due to there allowance of interpretation of implementation by member states. That's what they are there for anyway, to be adopted by member states, and with relation to the currently proposed consumer directive the UK is looking not to adopt a few of those.

 

Sorry I would have made a longer post but was in a hurry last night.

 

Reject the goods by The sales of goods act 1979 (As amended) ss35 for a full refund. Send a Letter before Action recorded delivery to there HQ

[Conniff]

There is no point in posting on here unless the op returns and answers some questions. No point in making suggestions that might be jumping the gun unless you know the full facts.

[minimo]

Thanks for all your replies, I was not expecting such prompt help.

I was in contact with the company at first every week. Then I had to wait 3 weeks for a reply to an email. I emailed them back and then waited a couple of months for a reply, by this time it was over a year since the purchase.Then After another email they eventually agreed to send a disc. I waited about 3 weeks for it to arrive, I wanted to give them a reasonable amount of time to send it, and then I emailed to say it had not arrived.

They have not replied since.

I e mail them ocassionally to remind them,but never get a reply.

I will try emailing once more quoting the regs suggested, but I dont suppose they will even acknowledge the email.

Thanks for your help.

[perplexity]

You will find that with regard to the Directive 1999/44/EC it is not at all so easy, clear or efficient to refer to a UK adoption, because there was never such a thing, per se, as a UK adoption, if you waste the time on looking for it.

 

The intention of EU directives is to approximate laws that already exist, and with regard to 1999/44/EC laws did indeed already exist, for the most part:

 

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973[19], sections 13 to 15 and 15B of the Sale of Goods Act 1979[20], sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982[22], and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

 

(ii) Sections 20 and 32 of the Sale of Goods Act 1979[23] (passing of risk and delivery of goods);

 

(iii) Sections 48A to 48F of the Sale of Goods Act 1979[24], and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 1982[25] (additional remedies for consumers);

 

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002[26] and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976[27] (consumer guarantees);

 

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977[28] and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

If, therefore, you'd rather fish through that lot to try to work out what exactly your rights should be, go ahead, if you have the time to spare, but beware that some of the rights explicitly stated by the EU Directive are implied by the UK laws, not defined as the right of a consumer as such.

 

Ergo, as I wrote before, the directive sets out the general rights and duties in a usefully clear fashion.

 

[blitz]

Don't email, use snail mail with proof of delivery or recorded mail

[minimo]

Thanks for help. Have now spoken to them on the phone and it looks as though they are going to send replacement. Will let you know what happens.