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You could possibly get in touch with the Trade Standards Institute in your country. I know from personal experience with the Trade Standards Institute, UK that getting in touch with them gets you some excellent advice and telling the trader what they told you usually gets the trader to accept responsibility.

Like to see them get around that, even if your goods are out of warranty or service you still have statutory rights that last much longer. http://sogahub.tradingstandard... If a critics bug l but was found in firmware that was there from day 1 or introduced by them while fixing other problems then they would have to fix it or be in breach of the sales of goods act and technically no time limit that only starts when a fault is discovered. If you wanted new or added features then they would not have to provide them under SOGA. Loads of info here http://sogahub.tradingstandard...

Like to see them get around that, even if your goods are out of warranty or service you still have statutory rights that last much longer. http://sogahub.tradingstandard... If a critics bug l but was found in firmware that was there from day 1 or introduced by them while fixing other problems then they would have to fix it or be in breach of the sales of goods act and technically no time limit that only starts when a fault is discovered. If you wanted new or added features then they would not have to provide them under SOGA. Loads of info here http://sogahub.tradingstandard...

"The DSRs do not require the customer to return the goods but if the contract says the customer must return them and they do not, you can charge them for the direct cost of recovery."

Pulled from the http://dshub.tradingstandards.gov.uk/Explained (Distance selling regulations)

No refunds on PC games (though they might reluctantly exchange a damaged disc)

Actually they do refund non-functional games - I've gotten refunds myself from Game, twice. They will try to squirm out of it but all you have to say is that the game does not work in your system and is thus "Not fit for purpose" (this expression has a special meaning as per UK-consumer laws).

Their hole deceitfull approach to making people believe that they can get no refunds at all is say that they will "Refund within 30 days if not open" making the buyer think that (that's the deceitfull part) they cannot get a refund at all if the package is open. In fact, as per UK consumer laws, you can get a refund at any time if the product is "Not fit for purpose" (i.e. does not work, does not do what it says it does, does not work as a "reasonable" person would expect) - what Game is offering is the possibility of getting a refund within 30 days without specific reason if unopened in addition to any refund you might be entitled under your consumer rights for a defective, non-functional or misrepresented product.

I suggest you check the Trading Standards website to learn more about your rights as a consumer. You'll find that there are a lot of rights that you have as a buyer, which of course, sellers will never tell you about.

PS: I learned all of this because at some point I had my own company selling products online - so I read all about the rights my customers had ... and about the rights I had as a seller.

Not true. At least in the UK there is the Trading Standards Institute which will take on clearcut issues for customers at no cost to the customer. It's relatively easy to get fairly hefty refunds by writing a letter to the company, quoting the relevant legislation or regulation, and stating that your next step will be to involve Trading Standards. Most retailers will back down immediately because they know it will cost them huge amounts to fight, and cost the customer almost nothing.

Actually, no. Often these sort of issues are dealt with by the local Trading Standards Office. Because these regulations are to do with the retailer, not the manufacturer, retailers are concerned about their local reputation because of their direct relationship with customers but also because if they get a bad name it can affect their ability to get licenses to sell certain goods and generally make it difficult to trade. The Trading Standards Office can impose certain fines and require retailers to provide refunds or exchanges without ever having to go to court and without costing the customer a thing.

One of the things a lot of people don't realise is that, in the UK, retailers (not manufacturers) are responsible for the quality of goods for up to 6 years. If you can argue that it would be reasonable to expect goods to last a certain time, then the retailer can be required to repair or replace them regardless of warranty periods, and it's impossible to contractually sign those rights away. So e.g. a pair of shoes worn daily couldn't reasonably be expected to last beyond 6 months, but a premium computer (say a MacBook) most people would expect to last 3 years, so one can presume that a failure before that time would be a result of a manufacturing problem and you would be due a repair. That's why I never buy an extended warranty but make sure I buy from companies I can track down.

As a side note, in the UK the magic words for getting a store to accept a return are "Not fit for purpose".

Games stores try to convince people that they cannot accept returns if the game box is open - that's all bullshit. If a game does not work on your machine for whatever reason then it is "not fit for purpose" and by law they have to accept a return and refund you in full. If they still try and squirm away from it, the next set of magic words is "Trading Standards" (the official body that deals with consumer protection).

If you live in the UK i strongly recommend that you check the Trading Standards site - know your rights as a consumer.

What would mandates inclusions to an EULA do to the GPL or BSD licenses.

Well, unless the law was a total ass it ought not to apply unless money or "other valuable considerations" change hands.

The wording from the UK trading standards law is "goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information"

OTOH if you're charging money for GPL/BSD software (other than optional donations) then why shouldn't you be subject to a proportionate level of liability for ensuring it does what it says on the tin?

...and, if a free software author was spectacularly negligent or dishonest then even the current disclaimers are not going to protect them.

Of course, the danger is that someone will let BigSoftCorp draft the law and that the "reasonable persons" will never have used a computer in their life.

Ob. Note: apart from the disclaimers (which ought to be redundant if there's no contract) the GPL and BSD licenses are not EULAs, anyway (and its a pity that certain projects present them as click-throughs).

Customers hate, loathe and despise DRM. The customer knows there's a DRM and they're not bloody happy. What's a marketer to do? Lie.

I look forward to them trying this one in the UK - there's Trading Standards to contend with if they do.

In the UK the manufacturer can be liable for repairs/replacment for up to 6 years, depending on various factors like what kind of product and how much you spent on it - for example you'd expect a fridge freezer, washing machine or cooker to last for many years, but not a laptop or PC.
Check out the Sale of Goods Act 1979: http://www.tradingstandards.gov.uk/wirral/Consnews09.htm

In the UK, such signs are actually illegal if they attempt to give the customer less than the law does. (Pointing this out mid-dispute is usually enough to get them to change their tune, particularly if they in fact pointed to it mid-dispute. http://www.tradingstandards.gov.uk/ is the best website ever.)

• Of satisfactory
• Fit for the purpose
• As described

* Trading Standards.
* The Consumer Association.
* BBC's WatchDog.
* The Register.

Then make a charge back against your credit card on the grounds that they've refused to honor their statutory responsibilities under the Sale of Goods Act.

And if it were not within six months, they sold you the warranty. Which means that the warranty itself has to fulfil reasonable expectations - so they have to provide a service that a 'reasonable individual' would consider satisfactory. There are also ways to complain about unfair contract terms (I think it's Unfair Terms in Consumer Contracts Regulations 1999).

They have offered a guarantee on top of statutory rights; they may also see fit to sell a warranty, which is basically an insurance policy. Consumer rights on the guarantee are set out in http://www.opsi.gov.uk/si/si2002/20023045.htm (see 'Consumer Guarantees'), so you can sue on the basis of their failure to keep to the terms of the contract.

There's a nice example of failure to keep to the terms in the Trading Standards leaflet on the topic. They also suggest some strategies for solving this sort of problem.

Check out the Trading Standards site. Contact Consumer Direct. Talk to them early and often.

Feel free to CC PC World on all of the discussion that you have with any of these organisations. PC World are taking the piss and they know it - they just don't think that you do.

Probably mentioned many times before, you need to mention to the retailer:
The machine is not of satisfactory quality so not fit for the purpose it has been sold for.
The lid on a laptop is designed to be opened and closed but doing this has resulted in the lid cracking within 5 months of use on this laptop.
The Item should be replaced, repaired (by the manufacturer) or even a full refund given at the retailers discretion within the warranty period.
As it is a manufacturing problem you can even get it fixed outside of warranty (had same problem cracked lid 2 months out of warranty on a laptop)
See: http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
UK trading is very pro consumer, in some cases too much.

Bzzzzzzt
Is the wrong answer.

In the UK *any* goods you buy, your contract is with the RETAILER, not the manufactuer, suplyer, sales droid or pimpley kid who sweeps the floor. You give your fscked goods back to the retailer and get them to sort it out. Any attempt for them to weesel out of this obligation is illegal and will be delt with swiftly by Trading Standards.

This law forces retailers to act responsably and not shift the blame. It gives consumers clear rights as to where they take poor quality goods and who they deal with without being fobbed off.

For what its worth, this looks like an open and shut case to me. The bloke had his laptop less than 6 months, Trading Standards WILL say they goods did not last a reasonable lifetime and were therfore not fit and should be fixed/replaced. This is a statutory right layed down in law and is regardless of any additional waranty offered by the manufacturer.

Sounds like the store manager is just being thick and our man hasnt spoken to his local Trading Standards.

Read the Trading standards advice for consumers. This advice is your statutory rights: conditions on the warranties do not apply. However, advice on general use may be taken into account. Read the advice for how that works.

Complain in writing, keeping copies of all correspondence. And complain quickly: for the first six months, the retailer has to prove it wasn't their fault.

Citizens' Advice Bureaux may also help.

Cheers - I was just about to make the same advice! Saves me typing it all out. UK consumer protections for physical goods are reasonably strong, if you're prepared to fight about it.

I'll just add a couple of things. The Sale of Goods Act (and the Supply of Goods to Consumers Regulation which amends it) are written such that most of your rights of resolution are against the retailer, not the manufacturer. If PC World try to fob you off into talking to the laptop maker, and you start to deal with the manufacturer directly, you may actually weaken your eventual case against PC World against whom you have most of the regulations in your favour.

A laptop hinge failing after 5 months is clearly not of satisfactory quality, or fit for purpose. A hardware fault is not affected by software, so it's certainly not capable of voiding the guarantee - and even if it did, you'd STILL have the right of repair as you did not cause the fault - the retailer is generally on the hook for 6 years for physical goods.

Following through a small claims court action is fairly simple, and they know it (no solicitors required). Talk to the CAB about it. Trading Standards may also be helpful. A formal written complaint to PC World's head office is probably going to be the first step if the manager doesn't back down when you go in armed with your rights under the Sale of Goods Act; be prepared for the long haul, it takes a while for the gears to grind, but if they don't resolve your problems in a reasonable timeframe (usually 6 weeks, iirc) you're entitled to a full refund.

Some reference material:
buying goods, your rights - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how to know when the retailer is lying to you - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how your rights still exist even after the guarantee runs out - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt
run down of the sale of goods act - http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Good luck, and stick it to em.

Cheers - I was just about to make the same advice! Saves me typing it all out. UK consumer protections for physical goods are reasonably strong, if you're prepared to fight about it.

I'll just add a couple of things. The Sale of Goods Act (and the Supply of Goods to Consumers Regulation which amends it) are written such that most of your rights of resolution are against the retailer, not the manufacturer. If PC World try to fob you off into talking to the laptop maker, and you start to deal with the manufacturer directly, you may actually weaken your eventual case against PC World against whom you have most of the regulations in your favour.

A laptop hinge failing after 5 months is clearly not of satisfactory quality, or fit for purpose. A hardware fault is not affected by software, so it's certainly not capable of voiding the guarantee - and even if it did, you'd STILL have the right of repair as you did not cause the fault - the retailer is generally on the hook for 6 years for physical goods.

Following through a small claims court action is fairly simple, and they know it (no solicitors required). Talk to the CAB about it. Trading Standards may also be helpful. A formal written complaint to PC World's head office is probably going to be the first step if the manager doesn't back down when you go in armed with your rights under the Sale of Goods Act; be prepared for the long haul, it takes a while for the gears to grind, but if they don't resolve your problems in a reasonable timeframe (usually 6 weeks, iirc) you're entitled to a full refund.

Some reference material:
buying goods, your rights - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how to know when the retailer is lying to you - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how your rights still exist even after the guarantee runs out - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt
run down of the sale of goods act - http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Good luck, and stick it to em.

Cheers - I was just about to make the same advice! Saves me typing it all out. UK consumer protections for physical goods are reasonably strong, if you're prepared to fight about it.

I'll just add a couple of things. The Sale of Goods Act (and the Supply of Goods to Consumers Regulation which amends it) are written such that most of your rights of resolution are against the retailer, not the manufacturer. If PC World try to fob you off into talking to the laptop maker, and you start to deal with the manufacturer directly, you may actually weaken your eventual case against PC World against whom you have most of the regulations in your favour.

A laptop hinge failing after 5 months is clearly not of satisfactory quality, or fit for purpose. A hardware fault is not affected by software, so it's certainly not capable of voiding the guarantee - and even if it did, you'd STILL have the right of repair as you did not cause the fault - the retailer is generally on the hook for 6 years for physical goods.

Following through a small claims court action is fairly simple, and they know it (no solicitors required). Talk to the CAB about it. Trading Standards may also be helpful. A formal written complaint to PC World's head office is probably going to be the first step if the manager doesn't back down when you go in armed with your rights under the Sale of Goods Act; be prepared for the long haul, it takes a while for the gears to grind, but if they don't resolve your problems in a reasonable timeframe (usually 6 weeks, iirc) you're entitled to a full refund.

Some reference material:
buying goods, your rights - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how to know when the retailer is lying to you - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt
how your rights still exist even after the guarantee runs out - http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt
run down of the sale of goods act - http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Good luck, and stick it to em.

Tha Sale of Goods Act is the answer to the story submitters problems. Even if the guarantee (which is a contract) does specify limitations that the submitter has transgressed the submitter still has their statutory rights.

It's reasonably self evident that if a hinge has cracked within 5 months then it wasn't as durable as one would reasonably expect and is therefore defective.

At the end of the day if the store doesn't come to the party it should be a rather easy victory in a small claims court.

Here you go.

Maybe the law is different in your part of the world. Notice this...

They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.

So, if someone tells me in advance that this DVD will not play in certain machines then I am not within my rights to demand a refund. Does this generally happen where you are? I have started to see stickers on certain CDs that tell me that the CD will not play in some CD-ROM style drives. Fine! I know and can make my choice. Otherwise, I am in the right. The product is not fit for the purpose described (it is not difficult to argue that a DVD is not fit for purpose if it does not play in all DVD players, both display the DVD logo). You should consider this when you write your 'sales policies'.

this guy simply recovered all the data that this Adware Browser was supposed to of deleted using simple file recovery software, as this Browzar company is based in the UK you can stop him/his company via your local trading standards and complaining directly to the ASA for false and deceptive advertising

The shops should have their business license removed for selling clearly Mature/Adult only materuial to minors.

Here in the UK shops are fined large amounts, and even risk prison for breaking age based laws.

Here is an overview from the trading standards:

Video cassette tapes/DVDs/computer games

You must not sell, rent or supply a video cassette or DVD unless the British Board of Film Classification has classified it.

You must not supply (including hiring out) a video cassette tape or DVD to a person who is under the age marked on the video cassette tape/DVD.

Most computer games are exempt from classification but if the game is classified then it must not be supplied to a person who is under the age marked on the game.

The age restrictions are 12,15 and 18 .

The maximum fine for selling or renting an age restricted cassette/DVD to a child under the specified age is £5000 and/or up to 6 months imprisonment.

Restricted 18 video cassettes and DVDs can be supplied only in licensed sex shops to persons 18 years of age and older.

If you have a problem with Google, follow them up with your local Trading Standards, or take them to the Small Claims Court.

In the UK, this become increasingly easier to do - http://tradingstandards.gov.uk/ (free, quick and easy) and http://www.hmcourts-service.gov.uk/ (£30 for a small claim which you will get back if you win).

If Google won't tell you what they cancelled your payment, then I am sure that they are legally required to give you your money.

From UK Trading Standards

If the manufacturer of the goods provides a free guarantee with the goods, this creates a contractual obligation by the guarantor. If the manufacturer fails to honour the guarantee, you could sue the manufacturer for the promises he makes. A guarantee is extra to your rights under the Sale of Goods Act. In some circumstances, you may have a claim under the guarantee, but find that a claim under the Sale of Goods Act would be difficult to prove, or vice versa. You may also in some circumstances have a claim against both, and therefore have a choice of who to claim against. If you are unsure seek advice from your local Trading Standards Service.

A trader or manufacturer is under no obligation to provide a guarantee, and if they do, they can specify any time span, for example six months, twelve months or three years. They can also specify what is to be covered by the guarantee, and exclude certain parts, or wear and tear. They cannot, however, take away any rights you would have under the Sale of Goods Act

The above is UK law, and there are several other laws covering this area. See here. Trading Standards are a good bunch of people, I've had some great advice from them over the years, very helpful. They will take up the case for you and contact the shop/manufacturer on behalf of you (no charge). This is really useful as they have way more clout than any consumer would have. However, saying terms like "Sale of Goods Act" or "Fit for Purpose" will normally make the sales droid stop trying to fob you off.

From UK Trading Standards

If the manufacturer of the goods provides a free guarantee with the goods, this creates a contractual obligation by the guarantor. If the manufacturer fails to honour the guarantee, you could sue the manufacturer for the promises he makes. A guarantee is extra to your rights under the Sale of Goods Act. In some circumstances, you may have a claim under the guarantee, but find that a claim under the Sale of Goods Act would be difficult to prove, or vice versa. You may also in some circumstances have a claim against both, and therefore have a choice of who to claim against. If you are unsure seek advice from your local Trading Standards Service.

A trader or manufacturer is under no obligation to provide a guarantee, and if they do, they can specify any time span, for example six months, twelve months or three years. They can also specify what is to be covered by the guarantee, and exclude certain parts, or wear and tear. They cannot, however, take away any rights you would have under the Sale of Goods Act

The above is UK law, and there are several other laws covering this area. See here. Trading Standards are a good bunch of people, I've had some great advice from them over the years, very helpful. They will take up the case for you and contact the shop/manufacturer on behalf of you (no charge). This is really useful as they have way more clout than any consumer would have. However, saying terms like "Sale of Goods Act" or "Fit for Purpose" will normally make the sales droid stop trying to fob you off.

Or, if you're not in her juristiction, here in the UK we have something called Trading Standards

If a company jerks you around like that, pop into your local trading standards office and they may well take up the case for you.

Do you not have any such body in the US ?

Local newspapers are also a good source of help and may publicise the case. I know our local papers would be hot for it, warranty scams have been newsworthy here for a while.

Q. I bought a fridge/freezer about 18 months ago, and the freezer section has completely failed. I went back to the shop, but they refused to do anything as it was outside the original 12 month guarantee. What are my rights?
A. Firstly, when you buy goods from a shop, you enter into a contract under the Sale of Goods Act 1979 (as amended). This holds the shop liable for up to six years after purchase (Limitation Act 1980), providing that you can show that the problem is down to an unreasonable fault and not normal wear and tear. Secondly, remember that the guarantee is in addition to these statutory legal rights. Don't be taken in by the shop's argument here - they are using the issue of the guarantee as a red herring to try to avoid their legal obligations toward you. See our leaflet 'Buying Goods' for more information on your rights.

Via broadband Internet access, the Streamium MC-i200 connects to the huge number of radio stations currently online

If the box won't connect to the 'huge range... currently on line', but only a smaller, Philips authorised, range, then that's false advertising, which, in Europe, anyway, is illegal. So before wasting time hacking the box it would be worth dropping a line to the Advertising Standards Authority or your national equivalent, or to your local Trading Standards office.

Remember, as Lessig points out, the law is also code, and has APIs you can use.

Maybe not in the US, but as they are based in the UK I'm sure this would come under decpetive marketing.

I'd report them to the UK Trading Standards.

(Miss representing yourself and products like that is very illegal. Quite a few of the electricity commpanies have been fined in the UK for deciving customers to sign for information, but in reality changing there electricity suplier)

If this company is UK based i would advise you to report them to the Office of fair trading and the UK Trading Standards , these kinds of practices are despicable and the OFT and TS do not take kindly to this sort of behaviour

A common misconception. Goods must be priced in metric, but there's nothing to stop retailers also giving prices in imperial.
"Traders can give the imperial equivalent unit price, provided the metric unit price is given first and the imperial equivalent is no larger than the metric price." (from Trading Standards' "Price Marking of Goods for Retail Sale" guidance leaflet)

We will be protesting outside major record stores throughout the UK this Saturday against these new 'copy-protected' cds.

Details of the protest can be found here, including the leaflet we will be handing out.

The cities targeted so far are Edinburgh, Birmingham, Brighton, Cambridge, Glasgow, London, Newcastle-upon-Tyne and Rugby.

btw the probable reason for not releasing copy-protected cds in the UK, is that we have some of the strongest consumer protection laws in the world, including the Trading Standards Authority and the Advertising Standards Agency.