Sale of goods act for Computer Software

Sooziecats

Can you help please? My Uncle paid cash for a lap top from a small independant shop in our town a few days ago. Unfortunately it does not work. I took it back to the shop and explained the problem. The owner was extremley rude to me..... to cut a very long story short the owner told me that computer software was not covered by the sale of goods act. I asked for a replacement lap-top or a full refund but both were refused. The lap top is in the shop waiting for the owner to check it out. Can you tell me what rights my Uncle has please?

markelock

I would suggest that as the laptop is bundled with software, it has to be fit for purpose, and therefore should work.

if there's a problem with the software (is it the operating system, or something your uncle has loaded on?) is it possible to remove it and either use another program or not have that type of program?
what's the nature of the problem?

Sooziecats

markelock wrote: »

I would suggest that as the laptop is bundled with software, it has to be fit for purpose, and therefore should work.
quote]
The lap-top came with the operating system installed. My Uncle has just followed the instructions and put the battery in. All he then did was turn it on. The system loaded up Windows Vista and then a sceen appeared stating something like - System initialising, this may take a few minutes. Three hours later it was still the same! Nothing else has been loaded onto the computer.
The owner of the shop was very abusive when I asked for a replacement or refund even saying that my Uncle (who is really gentle and kind) had demanded that the owner sit with him for an hour and a half to show my Uncle how to use the computer - this I know is a lie.

Thanks
Sooziecats

markelock

sounds like the hardware isn't compatible with the operating system.

Or it's just an unlucky glitch. They may just re-load Vista, or go back to something like XP. Local shops can be as much of a pain as big stores. You're not automatically entitled to a refund, as the store has the chance to fix it. However I believe if it goes wrong again, for a similar reason, you may be able to ask for this.

enforcing it is another matter.

can your uncle not go back to the shop with you when collecting it?

renegade

If it is not 'fit for purpose' then the shop should give you a refund, I would not accept a replacement from him as I would not like to have to deal with anybody who has been so abusive in nthe past. Go to Consumer Advice, they will confirm your rights.

LinasPilibaitisisbatman

not like MSE'ers to get carried away, I don't suppose you're uncle thought to restart the install process?

My laptop did the exact same first time I did it, I started again and it worked fine.

Sooziecats

We cant reinstall the operating system as we cant get past the "system initialising" screen. My Uncle doesnt want to make a fuss. I do know a little bit about computers and it seems strange to me that lap-top didnt just load up when switched on. The operation system was already installed.

I am now looking at Trading Standards etc so I am clear on our rights before I go back to the shop on Tuesday.

Blacksheep1979

You've not accepted the goods and they don't seem fit for purpose - reject them and ask for your money back. Point out to the shop keeper it's going to cost him a lot more if you end up taking him to court to get your money back.

Sooziecats

Thanks for all you help. I have just spoken to someone who knows quite a bit about computers and they thought it was a little unusual that my Uncle had to put the battery into the laptop and that it didnt work just by turning the laptop on!

I can't wait for Tuesday - local papers, trading standards etc here I come!

Thanks again
Sooziecats

Sooziecats

Just been on the Toshiba website and the battery should have already been installed. mmmmmm more ammo for Tuesday when I go back to the shop!

Blacksheep1979

Sooziecats wrote: »

I have just spoken to someone who knows quite a bit about computers and they thought it was a little unusual that my Uncle had to put the battery into the laptop and that it didnt work just by turning the laptop on!

You spoke to someone who claims to know about computers but thinks that they can run without a power source...