| Forum Home | ||||
| Press F1 | ||||
| Thread ID: 40819 | 2003-12-19 07:35:00 | Software and Goods & Services act | joe90ak (3042) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 201744 | 2003-12-19 07:35:00 | I recently purchased Corel Essentials software from Harvey Norman ('lite' version of Corel Draw11) Box had a sticker saying to effect 'non-returnable once box opened' . The packaging also indicated that the software was 'designed for XP' . As I have an earlier version of the same program (Corel Select edition) that runs perfectly on my Win XP pro computer I thought that I would have no problems installing/running the new Essentials, but no- crashed installs, endless problems with small things kept happening and the program was basicly unusable . I have been in contact with Corel Help desk via e-mail for over a month and hung in there while they made suggestions like 'clean install' of the program and suggested that I download a 300 odd mb trial version of the full Corel 11 program! . . . for what reason I don't know as I can't afford to pay out $700 . 00+ for the 'non trial' version if I downloaded it on my 56K modem (!) and it worked ok on my machine . My problem is this: I have told the Corel help guy twice in the last two weeks that I consider the software to be unusable and obviously unable to run properly on XP (this is backed up by postings from other users on the Corel forums) . None of their 'suggestions' have been able to fix any of the problems . They have replied that it is Corel policy not to refund the purchase price of their software . OK, fair enough that Harvey Norman won't refund once the box is opened, but I pointed out to Corel that software is now covered under the goods and services act and the New Zealand distributors are bound by this legislation . As the original seller of the software they should be required to to refund the purchase price if the software does not function as expected . Since my last e-mail a week ago I have had had no response from Corel (suprise!) Has anyone else had experience/success in obtaining refunds on software like this . . . or have I blown $330 . 00 on a heap of bad programming? Joe |
joe90ak (3042) | ||
| 201745 | 2003-12-19 08:36:00 | IANAL, but if the box clearly says "designed for XP" and it just doesn't work, I would have thought it was either or both of "not of merchantable quality" or "not fit for the purpose intended". You can always take the retailer to the disputes tribunal - I don't know how much it is to register, but it is not hugely expensive, and you can argue your case without them bringing in heavy-duty and expensive lawyers. Your contract is with Harvey Norman, not Corel, and the Harvey Norman "no refund" cop-out won't stand up if the software is defective. HTH |
tbacon_nz (865) | ||
| 201746 | 2003-12-19 09:13:00 | Take the software back to Harvey Norman's and take a few pages of the email "discussion" you had with Corel over your problems . Also take some printouts of postings from other users on the Corel forums . Ask to see the manager of the software department and explain your problem to him/her . Be very polite but firm and make it clear that you want a refund because it does not work on your computer . The reason that software boxes have a sticker saying to effect 'non-returnable once box opened' is because people can easily copy the discs and them return them for a refund . In your case however since you have already been discussing the issue with Corel you should expect some sympathy . If necessary remind them that as the seller of the product they are obligated to refund the purchase price if the software does not function as expected . Good luck and keep us posted . :-) |
Susan B (19) | ||
| 201747 | 2003-12-19 09:15:00 | the sales of goods act and the CGA are being "updated" next year, but Harvys for example don't have to refund anything, your "issue" is with coral . You can argue that you've made "resonable" effort to get the software to work, but due to the millions of different hardware/software and OS configurations out there, it is hard to guarantee that software will work regardless . although I'm not saying you have done the following, just consider? you can burn 650mb in about 2 minutes these days, so if I buy a game for example and then an hour later take it back saying it doesn't work, how does the store/salesman know it really didn't work? the answer may be to take your pc into where you bought the software and get them to install it? but you can bet they will tell you where to go . . . :) so I think that maybe you just have to keep the software and think maybe I should have downloaded the demo? but hey who knows whats going to happen next year with the cga and the sales of goods act etc when it gets updated? :) |
zminos (5010) | ||
| 201748 | 2003-12-19 09:36:00 | Have they blamed your pc "as no-one else has ever had a problem with this software using XP" . As Susan has said, stick to your guns . If Harvey Normans refuse a full refund, I'm sure Consumer Magazine would be interested to know also (they probably would have some good advice too) . I had a friend who bought some voice recognition software and it didn't work very well at all . His pc met all the requirements on the box . They refused to give him a refund as it was not their policy (???) . They suggested he get more memory for his pc, then they suggested upgrading to the lastest version (at his cost) . He took them to Small Claims and won . The only problem was that ACC had actually paid for the software as he was able to make a claim with ACC so they got away with it and he still didn't have any working dictation software . When push comes to shove, they will blame your pc (see my opening sentence) so it would pay to be prepared for this . As Susan said, you could take some of the correspondence from the forum but on top of that, if you are feeling really keen, do some screen shots of the "problems" . . . in fact, you could take the pc box (leave the screen and keyboard and mouse at home, they will have some) with you to show them . When they say, oh its one or more settings on your pc, get them to show you how to get it to install properly . That will put them on the spot . |
Dolby Digital (160) | ||
| 201749 | 2003-12-19 09:39:00 | >>you can burn 650mb in about 2 minutes these days, so if I buy a game for example and then an hour later take it back saying it doesn't work, how does the store/salesman know it really didn't work? Really, who would do that? You mean there are dishonest people out there. |
Dolby Digital (160) | ||
| 201750 | 2003-12-19 13:16:00 | >As I have an earlier version of the same program (Corel Select edition) that runs perfectly on my Win XP pro computer I thought that I would have no problems installing/running the new Essentials, but no- crashed installs, endless problems with small things kept happening and the program was basicly unusable. I suspect that if you had uninstalled the Select Edition before installing the Essentials edition all might have gone well. |
mikebartnz (21) | ||
| 201751 | 2003-12-19 18:08:00 | Are you 100% sure that the problem is not your fault? Or that it is not compatable with something else on your computer. If Coral says it is for Win XP then it should run on XP. They are a major software company and they write good software. I have found over the years that if a program won't run on the OS it is designed for , then I have not installed it correctly or I am short of ram or something simliar. I would suggest that you uninstall it and start again from scratch. If it still doesn't work take it back to the shop you bought it from. As I understand the law your complaint is with them. Let them argue with Coral. If you have to take them to the small claims tribunal make sure that you have someone who is familiar with the software,try it on your computer first. You will not win in court if you just say "It won't work". You will need some sort of evidence to back you up. Jack |
JJJJJ (528) | ||
| 201752 | 2003-12-19 18:35:00 | According to the Consumer Guarantees Act, Harvey Norman MUST let you return software and give you a full refund if it is "Faulty". You just need a way of proving that it was the software itself at fault, and not your computer. | somebody (208) | ||
| 201753 | 2003-12-20 00:52:00 | Small claims court is your best friend in this case. Also the Consumer Affairs department is intersted in hearing about retailers who vioalate the act. In fact one of the published poilicy documents from them says that the "no refunds" notice / sign / policy is in violation of the act and it must not be displayed in way form or mean. $5000 fine applies. |
ugh1 (4204) | ||
| 1 2 | |||||