Its CAVIET EMPTOR at Currys

[Turning Worm]

I just wanted a quick check a statement made in response to a complaint was true:

 

'It is the customer's responsibility to check all aspects of a product before making a purchase. As the software has been opened, we would not be able to accept it back for a refund or exchange.'

 

Curry's obviously trying to weasel out of miss-selling me the wrong copy of windows 8 (more background if needed).

[dx100uk]

sadly they are correct in certain instances

 

did you pay by card?

 

dx

[Turning Worm]

Yes, I did pay by AMEX credit card.

 

But lets check the circumstances:

 

I wanted a fresh install of windows 8 not an upgrade (Tech detail: my new computer motherboard only took SATA so I had to get a new SATA hard drive).

 

I asked the assistant for advice and was told the item on display would do the job.

 

There was no indication I could see on the packaging to say it was upgrade only

and it wasn't after many hours installing stuff that it started asking for an activation key.

[BazzaS]

Sale of Goods Act (as amended).

Goods must be of "merchantable quality" AND "fit for the purpose for which they were sold".

 

If you picked up an upgrade copy in error without seeking sales advice : it's down to you.

 

However, if you asked a sales assistant, explaining what you needed, and they directed you to that (unsuitable) upgrade version : you are entitled to a refund.

If they claim otherwise, ask them if they are denying you a statutory right (or clarify why they feel SOGA doesn't apply).

[Last Of The Time Lords]

I agree BazzaS. I would argue S.13 Sale by description. They have described the item as being suitable for your requirements after you told them what you needed. S.13 isn't limited to writing on a shop label or product packaging. If goods are described in any way, shape or form, it is a sale by description.

[Turning Worm]

Thanks for the SOGA advice - this site is amazing!

 

Yes I asked the sales assistant; and the package says nothing that I can interpret about being upgrade only.

 

I do want the product but I don't want to have to have to mess around as reinstalling everything from scratch might cost me about 30 or so hours in technical time.

[BazzaS]

Thanks for the SOGA advice - this site is amazing!

 

Yes I asked the sales assistant; and the package says nothing that I can interpret about being upgrade only.

 

I do want the product but I don't want to have to have to mess around as reinstalling everything from scratch might cost me about 30 or so hours in technical time.

 

You may need to be careful how you phrase your request : is it that you now want an activation code valid for a "fresh install" rather than the code for an upgrade you currently have?.

If so, offer to pay the difference between the cost of the upgrade version & "fresh install" versions?? (In return for them swapping the 2 packages).

[battlecry]

Is there a card you have to scratch off to get serial keys.....If there is, it would be tricky as they could argue that the software is activated so they may refuse to refund or exchange. However it would be down to them to prove you have activated not that you haven't

 

If the product is a misrepresented sale due to the fact of the incorrect Information was given then it wasn't "as described which refers to any advert or verbal description made by the trader".