Legal Q&A

Posted on 1 Jul 2004 at 13:00

 

Gallery

Buying PC kit is not always a straightforward process. If you've been let down during or after your purchase, you need to know where you stand. Andrew Wand answers your legal queries

Am I breaking the Law?
Q) I have taken delivery of a computer package that was not, in my opinion, fit for purpose or of satisfactory quality. The retailer had changed items I ordered for cheaper and inferior ones without notification. The appearance is not what I expected and I have not received any of the promised upgrades. I have not received my Microsoft Windows authorisation code. Does that mean I am running illegal software? I have tried emailing, phoning and faxing the company with no response.

A) The retailer cannot unilaterally alter the terms of the purchase contract. If the retailer has changed the specification of the PC package for inferior items then the retailer is in breach of contract and you are entitled to sue and claim for damages.

Before taking any formal steps, you will need good evidence of what you originally ordered and you should read the retailer's terms and conditions of business to make certain that you are actually worse off. Some retailers reserve the right to alter the specification of PC packages on the proviso that they will swap like with like. It is possible that you have been given inferior peripherals but a superior PC.

If you purchased your PC using a credit card you should consider notifying and taking action against the credit card company as well as the retailer, especially if the retailer is being awkward or is based outside the UK.

Check your receipt and find out exactly what entity you are dealing with and its registered address. Try the Companies House website at www.companieshouse.gov.uk. You already have the start of a written audit trail and should write a formal 'letter before action in anticipation of legal proceedings' to the address you have been using so far, sending a copy by recorded delivery to the registered address or head office of the retailer. It is important that you act quickly as the longer you delay in taking action, the more likely it will be that the retailer could argue that you have accepted the package.

On the issue of software licence codes, if the PC has been supplied to you with software (either preinstalled or with a CD-ROM) and you have been charged for the software licence then you are entitled to receive the necessary licence documentation and authorisations. If you suspect that the retailer has taken your money and supplied you with unlicensed software then you should report it to an anti-piracy body such as www.bsa.org, if only to get to the bottom of the problem and to give the retailer a hard time.

Who should give me a refund?
Q) I have been experiencing problems getting a refund from either the online retailer or my credit card company for a faulty monitor that I bought for £400. Both companies refused to reimburse me because the fifth monitor that I returned was supposedly damaged in transit. I had returned four other faulty monitors successfully up to this point.

The monitor manufacturer intervened with the retailer, pointing out that, regardless of whether it had been subsequently damaged in transit, the monitor was already faulty. The retailer had contacted me on several occasions, promising a refund. Where was the monitor stored for the month or more when it was in the care of retailer? Can the retailer prove that it was not damaged during that time?