Stuck with software

mamaof4

:mad:I purchased a base unit and the windows XP Software from eBuyer. It turned out the base unit was faulty, they are going to refund me but they will not take back the Windows XP Software, Even though I wasn't able to activate it. They are refusing to budge.
Any advice would be really greatful. :eek:
Thank you!;)

Money_Grabber13579

Open a complaint with ebay.

Older_but_not_wiser_2

Money_Grabber13579 wrote: »

Open a complaint with ebay.

That's not going to help much, as the OP bought the stuff from eBuyer.

If the goods were paid for by credit card, I'd have a word with the CC company and see if they can get it sorted out.

Also, write a letter of complaint to eBuyer and take it all the way through their complaints procedure. Don't let it drop, be persistent but not aggressive.

Art_2

generally it is an accepted rule that software is not returnable. read the terms of sale you agreed to.

I assume you will be buying another base unit and need software for this. Why can't to use it on the new unit?

Regards,
Art.

phlogeston

Art wrote: »

generally it is an accepted rule that software is not returnable. read the terms of sale you agreed to.

The T&Cs cannot override your rights as a consumer, so it is somewhat irrelevant what they say.

If the O/S was brought at the same time as the computer, it was obviously an integral part of the contract (especially if it was an OEM copy that can only be supplied with a hardware sale). The supplier is in breach of contract and as such you have every right to return all of the goods and ask for a full refund.

Put the complaint in writing to their head office and if necessary commence a small claims action (as ObnW quite rightly says include your CC company on all correspondence and claims as they are jointly and severable liable s75 Consumer Credit Act 1974).

mamaof4

Thanks for all of the advice much appericated

Art_2

When you bought the base nit was the price inclusive of the software or was this an optional extra that you paid for?

If it was part of the package then you are entitled to a refund on it. If the software was an extra that you ordered then you are not.

In line with all software suppliers unless the software is faulty they will not accept it back. This is clear in their T&Cs.

Regards,
Art.

phlogeston

Art wrote: »

When you bought the base nit was the price inclusive of the software or was this an optional extra that you paid for?

If it was part of the package then you are entitled to a refund on it. If the software was an extra that you ordered then you are not.

In line with all software suppliers unless the software is faulty they will not accept it back. This is clear in their T&Cs.

Regards,
Art.

It is irrelevant. It is one contract for the supply of goods. The base unit is useless without an operating system and therefore the purchase is clearly linked.

Breach of contract and the whole contract fails, therefore entitled to a refund in full.

Breach of contract entitles the purchaser to sue for all subsequent loss, which would include the purchase of a now useless operating system disk.

Art_2

You miss the point. You can buy a base unit on its own without the software in which case there is no refund. If offered as part of the base unit he stands a better chance. Maybe the OP can clarify the situation.

Regards,
Art.

phlogeston

Art wrote: »

You miss the point. You can buy a base unit on its own without the software in which case there is no refund. If offered as part of the base unit he stands a better chance. Maybe the OP can clarify the situation.

Regards,
Art.

I don't miss the point, the Op says he purchased a base unit and O/S from ebuyer.

If purchased together, then a single contract for the supply of goods.

Jimibeee

Totaly in keeping with my experiance with Ebuyer complete iditos the lot of them , I have bought 2 items and have had to return both, replacments didnt work. Now i have to wait in again to have them sent back for a refund, no sorry from ebuyer. They just claim they resell items, which when they own the brand i bought shows a lack of understanding. Foehn And Hirsh by the way is a brand ownder by ubuey, dont be fooled it is own brand rebranded far east low grade ( and in my case broken) rubbish, see the patent on the name here http://ns3.patent.gov.uk/types/tm/t-os/t-tmj/journals/6753/domestic/t-tmj-domestic-6753.html


be warned ebuyer = total nightmare
if you are lucky you get what you want but its a lottery then it takes a 35 minute phone call plus explining to some rude defensive ebuer offical before they make you wait from 9-6 waiting in with your broken item. Ebuyer you suck