Opened Software And Return Policy

  Jester2K 11:35 16 Jan 2004

Client is a part time art student and uses Adobe PhotoShop at college.

She wanted PhotoShop at home so asked me if her PC would be ok (Win98SE, Celery 700, 128 Mb RAM, 10 Gb HDD). I said "I didn't know". I wrote down the specs of her PC and said to go to Jessops or Dixons and ask them. The reason I do this is i only get involved in buying decisions where a client has a CRITICAL NEED for the item and its not a "want". Then i only offer advise otherwise i'd spend all day checking out the specs of this program, that progrma and another program. That was in November 2003.

Today i've just been out and set up a USB Hub and set up her new digital camera. Then we came to install "Adobe Photoshop CS". After picking myself up after falling off the chair at being told it cost her £600 i noticed the packaging was well and truely opened. I checked with her that she showed the PC spec to Jessops when she bought it and she said "Well it was Christmas and it was busy but i did tell them the PC runs Windows 98 and they said it would be fine"

But its not. PhotoShop CS needs Windows 2000 as a minimum and won't install.

I feel a fool asking but i don't suppose theres any grounds for a refund or exchange with an older version?

  Belatucadrus 11:51 16 Jan 2004

I would say that if Jessops advised her it was W98 compatible your client has an argument for a refund,as the products unsuitable for purpose. But if the box outlines OS requirements and the staff aren't of a mind to be co-operative it could be long winded.
I'd try for a refund and if the supplier refuses to help, why not try Adobe ?

  plsndrs3 11:52 16 Jan 2004

I guess the big problem is 'proving' what was [and was not said] to the sales guy. Would have thought you were on a dodgy wicket at least as Jessops will say that the minimum specs and OS is clearly shown on the outside of the packing and that the goods have been opened. I believe that the issue could be that the software has been installed already on a PC & they could think that you are pulling a fast one - especially at that price.

Have you tried Adobe?

United Kingdom
Adobe Systems UK
Waterview House
1 Roundwood Avenue
Stockley Park
Uxbridge Middlesex
UB11 9AE
United Kingdom.

Tel: + 44 0 208 606 4000
Fax: + 44 0 208 606 4004

They helped me once with a problem [but nothing like this] and were helpful to the limit.


  MichelleC 11:53 16 Jan 2004

Busy or not the staff were informed of her pc spec and in law the onus is not on her it's on the staff (whether they are pc literate or not is immaterial). I'd go back to shop and explain and ask for exchange. If manager says no then Trading Stds should be informed. They may not intervene themselves but can give good solid advice.

£600! Blimey.

Good luck.

  Sir Radfordin 11:57 16 Jan 2004

I think it is highly unlikey that she will be able to get a refund. Your best hope may come from Adobe who may be willing to provide an older version since she has paid for the new version licence. I know M$ have introduced licences that cover all previous versions (eg. by Office 2003 and you can install XP or 2000 instead).

Only if the shop she bought it from told her that it would run on her PC (and she told them the exact spec of her PC) would she have grounds to return the software as not fit for purpose.

Even then she should have checked the box before opening it.

You may have one last hope, in the EULA. If this isn't on the outside of the box you can claim you had to open it to read it. On opening it you found you didn't agree and so are returning the software. Some EULAs have wording that says unless you agree you have to return to the store of purcahse for a full refund.

If she is in HE then you may like to look at this page for a better price:

click here

  Jester2K 11:59 16 Jan 2004

Cheers. We've discussed what might happen if she took it back and realise that a) its opened so might have been installed (it hasn't the CD Auto runs and then advises it can't be install on this OS) and b) also realise that it'll be difficult to prove who said what.

The problem is that my client is German (with English as her second language) and isn't too PC literate when it comes to the specs. It was precisely for this reason that i wrote down the PC spec so she could give it to the shop to check - which she didn't do. Fair enough the spec is on the box but by the time i got there it was open.

I know the answer is a big fat "No" but I'm clutching at straws for her....

I'll pass the Adobe contact details on to her - thanks plsndrs3.

  leo49 12:06 16 Jan 2004

One straw,perhaps,is to point out that the product requires activation which obviously hasn't been done.

  Jester2K 12:11 16 Jan 2004

Sir Radfordin - i know about the Office backward licensing thingy (it was the subject of another thread until someone pointed out this only covered Corporate or multiuser licenses and not home users)

I think I'll have to pass the Adobe details on to her and leave her to sort it.

£600 - its a shame as i think you can get a Student license for £300.. If only she'd checked with me when they told her £600....

  plsndrs3 12:11 16 Jan 2004

Let us know what happens with Adobe as soon as you hear anything. There is a German office for her to use if her English is poor:

Adobe Systems GmbH
Ohmstraße 1

Tel: 0049 89 31 70 50
Fax: 0049 89 31 70 57 05

She may prefer this as her first approach to Adobe - at least she won't feel that there could be confusion in the language and could probably explain the issue better.



  Jester2K 12:12 16 Jan 2004

True but how to proove it? Without actually doing it that is?

  Jester2K 12:12 16 Jan 2004

Cheers - nice one..

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