Ebuyer Windows 7 upgrade offer not honoured!

mwofsa

Hi there,

I writing regarding an ongoing dispute between ebuyer and myself regarding Windows 7 upgrade option. I am a longstanding, loyal customer of ebuyer.co.uk and have been very happy with my experience up until a recent incident. In September I made the decision to buy, (from ebuyer) a new computer and spent several hundred pounds choosing my preferred components and building the computer myself. I had installed a 64 bit version of Windows XP, with which I was very content, with a view to upgrading to Windows 7 on its release. However during the time I had spent choosing various components for my computer I could not help but be attracted to an advertisment which was placed on the ebuyer website (which I learnt was regurgitated Microsoft marketing - http:// FastFreeFileHosting.com/file/29027/ebuyer-windows-7-offer-xps.html -remove the space after http). This made the claim that it was pointless waiting for Windows 7 to be released as by buying Windows Vista today one would automatically get upgraded to Windows 7 on its release, a good deal I thought, I didn't want Windows Vista (in the slightest), however since I would receive windows 7 in any case I was persuaded. I proceeded to follow the link on the advert and was promptly taken to a selection of copies of Windows Vista, I carefully selected the 64 bit, business edition, taking note of which version of Windows 7 this would entitle me to from the original advert, I paid and received my order after a few days (£98!), all part of the service I have come to expect from ebuyer over the years. On receipt of my copy of Windows Vista I could see no mention of a free upgrade to Windows 7 (which I thought strange), so I promptly telephoned ebuyer customer services who after putting me on hold for several minutes and checking with various supervisors informed me that it was a manufacterer offer and that I would be contacted with details of how to claim my free upgrade up on release of Windows 7 in late October (the 22nd), although slightly sceptical I accepted this and decided to install and register my copy of Windows Vista, though fortunately I took the precaution of saving the ebuyer page which stated this offer so that I could use it as evidence should I need to (and it seems that I do!) in the future.

I spent a slightly frustrated month using Windows Vista, counting the days until Windows 7s release, and nearer to the time telephoned to ask if there was any more information on how or when I may receive my free upgrade... This time I spoke to a customer relations manager, who was very pleasant and reassured me, he also sent me a weblink to the site where I could claim my new copy when it came to October the 22nd

Finally the day rolled round, I attempted to register for my free upgrade on the Microsoft website as advised and was greeted on the site by a form which required a Windows 7 voucher code! I immediately telephoned ebuyer and again spoke to to the same customer services advisor, after an extremely long telephone call, between myself, ebuyer and Microsoft it emerged that (as I had initially suspected) the copy of Vista that I had received was ineligible for the upgrade.

I was then informed by the customer service advisor that unfortunately ebuyer would not be able to provide me with a copy of Windows 7 (as my product was ineligible) and that I could not return my copy of Vista as it had been registered. He went on to explain that despite me having followed the link on the ebuyer advertisment, this would have taken me to 'all of ebuyer's Vista products' and that I had clearly selected the incorrect item, that I should have selected the copy of Windows Vista with an 'upgrade option'. In addition he explained that he was sorry that the ebuyer offer link did not direct me to the correct product but that it was 'an internal matter' and would be looked into, and that the advice given to me by the ebuyer customer services was incorrect when I initially queried whether I had received the wrong product was incorrect, but there was 'nothing he could do'.

I am therefore writing today to either claim a full refund for my copy of Vista, or to claim my rightful copy of Windows 7. I am deeply upset at my treatment during this time having spent several hours on the telephone to both ebuyer and Microsoft for what (and there is no doubt about this) is an error of the part of the yourselves, and to now be denied the product I was promised is frankly outrageous. Particularly as during my most recent conversation ebuyer had the audacity to imply that I was somehow at fault! that by following the link on the promotion page, ordering a copy of Vista, then on receipt actually telephoning ebuyer to confirm that this was the correct copy, I had somehow reneged on my duty as a careful customer, and that I should have paid more attention when choosing the product - despite receiving incorrect advice from ebuyer!

Clearly there can be no denying that ebuyer is at fault, I did above and beyond what any normal customer would do, checked and double checked with ebuyer and it is unbelievable that ebuyer's understanding of the situation is that I am at fault!

I am therefore wrote to ebuyer with the anticipation of either a full refund (Vista) or a copy of Windows 7 however the were unrepentent... the formal response: Many thanks for the attached xps image.



This image shows the standard Windows 7 promotion page which was used on our website prior to the release of Microsoft Windows 7. If you followed the link from this page to our Microsoft Windows Vista product pages these would simply show all versions of Windows Vista which were available to purchase at that time – with those eligible for the upgrade being clearly advertised as such. The attached page does not show that Ebuyer has in anyway incorrectly described or mis-sold the product you ordered from us.



Unfortunately the package which you have ordered was not at any stage advertised as being eligible for the Microsoft Windows 7 upgrade program and as such Ebuyer is not able to nor obliged to provide you with an upgrade to Microsoft Windows 7.



I do apologise for the fact that you feel you were given incorrect information when speaking to our Customer Support team after completing your order, and can assure you that this will be passed across to the Customer Support supervisor to be taken up during training. I feel certain that this may have been caused by simple confusion on the part of the advisor with regard to the upgrade program, however this does not affect your rights to a return or upgrade which were not advertised at the time of purchase.



If you are at all unsure about which product you should be purchasing, or feel that the information provided on our website is at all unclear then we have a dedicated “pre-sales” advice team who can confirm details for you and we would urge you to make use of their services.


....

anyone else in the same situation? any advice on how to take the matter forward? I feel that any human being with an ounze of intelligence can see that the consumer is not at fault here, my feeling is that either ebuyer are dreadful at dealing with complaints and therefore decide to forfeit customer satisfaction for short term gain or there are so many people that they have mis-sold this OEM vista copy without the windows 7 upgrade that if the reimburse one person it will actually cost them thousands of pounds!!

smcaul

Who have you spoken to at Ebuyer? The first line support is terrible at the moment. The call ctr manager is a lady called Jemma, you could try asking for her by name, and the MD is called Armundo Sanchez, who is a nice bloke as it happens - he took my complaint call last week and resolved it in a matter of seconds!!!

pmduk

I'd point out that if there own staff are confused, how do they expect customers to understand their system. Problems like this are the reason I no longer use ebuyer.

mwofsa

ok perhaps i will try this..

mwofsa

any more suggestions?

misssarahleigh

I would reccomend sending in a letter clearly outlining the situation (like you have in the post) with a small entry at the end stating that if this matter is not resolved you will be passing a copy to the Trading Standards Authority so that they can look into it for you.

I would suggest at very least it's a breach of the sales of goods act. Give Consumer direct a call (who are trading standards helpline). there very helpful.

best of luck

DCFC79

misssarahleigh wrote: »

I would reccomend sending in a letter clearly outlining the situation (like you have in the post) with a small entry at the end stating that if this matter is not resolved you will be passing a copy to the Trading Standards Authority so that they can look into it for you.

I would suggest at very least it's a breach of the sales of goods act. Give Consumer direct a call (who are trading standards helpline). there very helpful.

best of luck

i think maybe the OP has it sorted but since the OP hasn't posted back its a guess that its sorted,