Changing in T&C of software (cricut)

humunumunuku

Hi guy, I’ll try to be as clear as possible since it might not be very popular company and issue. Last year I purchased cricut, vinyl cutter/plotter, it came with free software Design Space and you could opt in for Cricut access - their subscription to access their images and ready projects. That option to subscribe, you still could use their software to cut your own images. They just announced they’re gonna introduce limit and now you’re only allowed to upload 20 YOUR OWN images monthly, if you want to upload more, you will have to subscribe to access. Their software is absolutely rubbish, doesn’t handle bigger files well so I always have fo go back, make it simpler and reupload. They’re American company but selling world wide, I purchased mine on amazon in May last year, less than a year ago. Is their anything in UK customer law to allow me returning my machine as not fit for purpose? Machine on its own works fine but you can’t use any other software for cutting and going from unlimited uploads to 20 per month is a bit too much. It’s only £7.49 per month but that’s not the point. Thanks in advance for any help. 

bris

Well consumer law doesn't apply to you as you are clearly a business, not only that even if you come back and say you are a consumer, they always do, it's an American company so you are bound by their T&C's and have no UK rights.

David713

There are a couple of bits of info needed.
Who exactly did you buy from, was it Amazon UK themselves or was it from the American company selling on Amazon marketplace? and what do you use the item for? (ie, personal or business use).

humunumunuku

bris said:

Well consumer law doesn't apply to you as you are clearly a business, not only that even if you come back and say you are a consumer, they always do, it's an American company so you are bound by their T&C's and have no UK rights.

I’m not a business, it’s a hobby. As far as I know they need to follow uk law, like they offer 1 year warranty but it’s 2 years warranty for electrical items above £50 in the UK. As a business, I wouldn’t mind but I’m not. 

humunumunuku

David713 said:

There are a couple of bits of info needed.
Who exactly did you buy from, was it Amazon UK themselves or was it from the American company selling on Amazon marketplace? and what do you use the item for? (ie, personal or business use).

From Amazon, sold and dispatched by amazon, you can buy them in couple other places too like hobbycraft or argos. Me personally, use it only for myself as a hobby, don’t have a business but some people do. 

68ComebackSpecial

Did the product description on Amazon make specific reference to the software capabilities, or just that it was included? If

I assume it's the Cricut Explore Air - I've talked myself out of buying it several times after looking at in Hobbycraft.

humunumunuku

68ComebackSpecial said:

Did the product description on Amazon make specific reference to the software capabilities, or just that it was included? If

I assume it's the Cricut Explore Air - I've talked myself out of buying it several times after looking at in Hobbycraft.

It still says ‘upload and use your own images’, they still keep saying software is free (but up to 20 uploads). Machine on its own £300, I knew at the time subscription was optional and software free. And it makes it £300 for machine + extra £90 every year to use it. 

humunumunuku

I think the best comparison would be buying HP printer, they offer ink subscription which is optional. Or you can buy your own ink. But suddenly they change their t&c saying if you don’t subscribe to ink subscription, you can only upload 20 documents using your own ink and own paper. 

JJ_Egan

(but it’s 2 years warranty for electrical items above £50 in the UK)

Who told you that ??

Will the machine work without this free software ??

humunumunuku

JJ_Egan said:

(but it’s 2 years warranty for electrical items above £50 in the UK)

Who told you that ??

Will the machine work without this free software ??

UK consumer law, you can argue it’s 6 years under Sale of Goods act though. 

No, machine won’t work without software, you need it to upload files. 

JJ_Egan

(UK consumer law, )  Totally wrong .

(

you can argue it’s 6 years under Sale of Goods act though.)

Wrong again   one SOGA has not been in place since 2015 . Two the six years is nothing but the time scale you have to take legal action under Current Consumer Rights .