Currys.co.uk not abiding by Distance Selling Regulations

bru88

Firstly, it is not my interpretation. As I said, I think it is a wangle. It is however the intepretation of some retailers. The legislation is this:

13(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

Nowhere in there is a statement that this pertains only to "software sold as an item in itself".

As I said, we can all have our opinions and interpretations about what the clause means, but what counts is whether a judge agrees or disagrees that activating and licensing software comes under (or amounts to the same as) 'breaking the seal on the software'.

The software forms part of the product.

neilmcl

bru88 wrote: »

Firstly, it is not my interpretation. As I said, I think it is a wangle. It is however the intepretation of some retailers. The legislation is this:

13(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

Nowhere in there is a statement that this pertains only to "software sold as an item in itself".

As I said, we can all have our opinions and interpretations about what the clause means, but what counts is whether a judge agrees or disagrees that activating and licensing software comes under (or amounts to the same as) 'breaking the seal on the software'.

The software forms part of the product.

The legislation is quite clear imo:

13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

...
(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

As I said this is not a contract for the supply of software (eg, the sale of software as an item in itself), it's a contract for the supply of a tablet. It really isn't that much of grey area despite what some retailers, or should I say poorly informed store staff, would like you to believe. I'm sorry but you're really barking up the wrong tree.

bru88

And as I said, the software is being supplied as part of the product that is being purchased. The contract relates to the product being purchased.

bru88

Also it is wrong to characterize this is being about 'poorly informed staff'. The staff (in store and customer services on the phone) are following the company policy which in Curries' case is also stated very clearly in their leaflet which accompanies the laptop: "The product must not have been used or installed or have had any data inputted" [which you will necesarily need to do to get windows to boot up and ie 'to see the product working']. If breached, Curries deems this as exempting you from being able to cancel the purchase under DS Regs. Hence why the staff refused to accept it and kept trotting out the same line.

wealdroam

bru88 wrote: »

Also it is wrong to characterize this is being about 'poorly informed staff'. The staff (in store and customer services on the phone) are following the company policy which in Curries' case is also stated very clearly in their leaflet which accompanies the laptop: "The product must not have been used or installed or have had any data inputted" [which you will necesarily need to do to get windows to boot up and ie 'to see the product working']. If breached, Curries deems this as exempting you from being able to cancel the purchase under DS Regs. Hence why the staff refused to accept it and kept trotting out the same line.

That's right... poorly informed staff.

Currys employees have been mis-informed by their employer.

mo786uk

Bottom line appears to be Currys accept back items under the DSR but wont accept opened and used items

Therefore if you are sure of your position you will need to pursue to court.

bru88

wealdroam wrote: »

That's right... poorly informed staff.

Currys employees have been mis-informed by their employer.

Or well informed by the employer and it is the public who is misinformed and under the misapprhension that DSR allow you cancel the purchase of laptops even after activating their software.

Nothing that has been said here has established that the grey area doesnt exist and that the employer's (Curries) policy is in breach of the DS Regs.

I was responding to the idea that "poorly informed staff" would "like me to believe" that there is a grey area. The truth is that the staff just implement what they are told to implement according to company policy, and they don't particularly wish me to believe anything not least that there is a grey area when they are stating emphatically that there is no grey area (- the company policy correct).

bru88

mo786uk wrote: »

Bottom line appears to be Currys accept back items under the DSR but wont accept opened and used items

Therefore if you are sure of your position you will need to pursue to court.

Yes right. For me personally I didnt need to go down that route now as I eventually got a full refund after moderating my approach.

But for the future, yes until I see a decision by a judge then it remains uncertain whether Curries is acting legally or illegally, and I will not buy from retailers who specifically state that if you use the laptop then the purchase cannot be cancelled under DSR

Edit: btw Curries will accept opened items, just not laptops that have been used (software activated).

wealdroam

Bru88, the word is Currys.

unholyangel

If anyones interested, OFT say this in their IT consumer contracts PDF - which leads me to believe they are also of the opinion that it only applies to software and not hardware with pre-installed software.

3.92 Most software is sealed, so it needs to be unsealed before it can be used. It is important to note that consumers do not have cancellation rights under the DSRs if the computer software is unsealed by them. Consumers must be informed of this. In addition, we consider that fairness can only be achieved, if software terms and conditions are made available to consumers before they have accepted the software, that is, before they have broken its seal.

3.93 Of course, you must provide consumers with information in writing or some other durable medium about the main characteristics of software, including the hardware requirements and any limitations to the software’s functionality. This information must be given to consumers at the time of delivery at the latest.

Cant remember ever being given the hardware requirements for software pre-installed on a device.

Another reason I'm inclined to think it specifically relates to software on its own is due to the word unsealed being used. Law tends to take words at their literal meaning.