Software annual fee not mentioned until after sale

darrenlittlewood

I bought a pc based EPOS system for £1200. At the time of purchase there was no mention of an annual fee to renew the software license. Some time later it became clear that there was a fee every year of £175+vat.

This was not mentioned or made clear to me verbally or in writing, have I got any case for a full refund or a waving of this fee?

thanks

Darren

unholyangel

You said it wasnt made clear at the time of sale - is it in terms and conditions?

In short, it sounds as if you were acting in the course of a business (given I cant think of any reason a consumer would require an epos system! ) so you won't have anywhere near the same level of protection that a consumer does.

I'd be surprised if they didnt have it somewhere in T&C's

InsideInsurance

How was it purchased?

When/ how did the reoccuring charge come to light?

Normally if there is an ongoing fee then you'd have signed a contract either with pen and paper or by agreeing to the T&Cs on their website etc

Collabora

which pc based EPOS system as when i researched these every one that needed an annual fee mentioned this at the start

darrenlittlewood

InsideInsurance wrote: »

How was it purchased?

When/ how did the reoccuring charge come to light?

Normally if there is an ongoing fee then you'd have signed a contract either with pen and paper or by agreeing to the T&Cs on their website etc

I purchased it over the phone with a credit card. There was never any montion of any ongoing fee's to be paid. The invoice included the hardware, installation and the full software license (their exact term "full software license")

Certainly there was no contract shown to me or any signature given for an ongoing contract/renewal fee.

bris

Link to the T&C's please. Even though it's a B2B contract, contract law still applies, if you weren't told or it's not in the T&C's you would have a good case to rescind the contract.


Are you sure you just didn't read the contract properly? This is a common thing on here


Edit, our post s crossed, where did you see the system, there must be somewhere we can see it as you don't pick up the phone until you research the item, whats the company, make and model.

unholyangel

darrenlittlewood wrote: »

I purchased it over the phone with a credit card. There was never any montion of any ongoing fee's to be paid. The invoice included the hardware, installation and the full software license (their exact term "full software license")

Certainly there was no contract shown to me or any signature given for an ongoing contract/renewal fee.

But is it in the T&Cs? As a business, you are held to a different standard than that of a consumer because entering into contracts is your bread and butter.

darrenlittlewood

unholyangel wrote: »

But is it in the T&Cs? As a business, you are held to a different standard than that of a consumer because entering into contracts is your bread and butter.

cant post the link i'm new here, but it is epos now hospitality solution...


thats the offer/system... I have a pdf outlining what was sent to me, but at no point did it make it clear that I would have to renew the license every 12 months.

The onus is on the seller to make it clear and not mis-leading I thought. Also during lengthy telephone conversations the sales woman made no mention at all of this.

darrenlittlewood

can I email you the sales pdf i was sent? can post the pdf here??

tomtontom

Were you not pointed to the terms on the website?

Software

The license to use software granted hereunder becomes effective from the Delivery Date and includes the first year’s annual licence. Continuance of the license to use Software is dependent upon the Customer continuing to pay the Annual License Fee or the Support Package. The Annual Licence Fee is £175 + VAT per device, this covers the use of the software for a year, daily back up's of your data and system updates and improvements. This payment(s) is/are due in 12 months from the registration of the software licence to cover the following 12-month period.

Lomast

From the terms and conditions:
http://www.eposnow.com/terms-and-conditions/

Software
The license to use software granted hereunder becomes effective from the Delivery Date and includes the first year’s annual licence. Continuance of the license to use Software is dependent upon the Customer continuing to pay the Annual License Fee or the Support Package. The Annual Licence Fee is £175 + VAT per device, this covers the use of the software for a year, daily back up's of your data and system updates and improvements. This payment(s) is/are due in 12 months from the registration of the software licence to cover the following 12-month period.


I think they make it fairly clear that it includes the first year only, as a business it is your responsibility to understand what you are buying and you have a lot less legal protection then a consumer and i think in this case there is not much you can do