What are my rights - Currys, New PC

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Emmet Brickowski
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Bought a HP envy online at Currys http://www.currys.co.uk/gbuk/comput...all-in-one-pc-beats-edition-21746551-pdt.html

Came yesterday. Last night turned. Had to do the usual to get the computer up and running.

I then went to the app store to update to windows 8.1 (as this is 8). It said can't update to 8.1 until other windows stuff has been updated, please update now. So I clicked update now.
I didn't know as it didn't say but there were over 100 updates.
By the time it was done it was after midnight so I didn't do anything else and went to bed.
This morning, turn it on, tried to use it and, crash. Windows could not update anything. Uninstalling whatever it did. This uninstalling went on for over an hour with nothing happening. I called Currys and was told it sound like it's stuck in a loop. They tried a few things but said it sounds like a fault with the software. I was told to do a factory reset and I could take it back to any store for a swap, or refund.
When I got to my local one they said they cover the software. They said what has happened is where it's tried to do so many updates at once it software has just crashed. The updates have to be set up and done in a certain order. They plugged my computer on and said they are sure this is the problem. They said they would install the software/updates correctly for £55. I said you are joking. I've just spent 750 quid and you want another £55. They said I can try and do it myself but the software is not covered.
I have left it with them over night to install updates and change it to Windows 8.1
If they manage it they said they would do it for £35 as a good will gesture. If they can't then I can have a full refund or a swap/upgrade/downgrade.

I don't know what rights I have. It feels like I'm being ripped off but it the software thing is true then that's fair enough.

Can someone enlighten me please.
 
William Henry Gates III strikes again. No-one is safe from this mischievous fiend.
 
The problem I think you'll have with this Dave is that the software itself isn't actually faulty. The problem seems to be with the installation of it.

If their standard charge for installing software is £55 and they're also discounting it for you in this instance, I think they're doing everything they're legally obliged to and a little more.
Whether £55 for the instal is reasonable or not is another matter and one I'm not qualified to comment on - and it doesn't stop it leaving a sour taste in your mouth.
 
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"Bought a HP envy online at Currys"

Distance selling regs. Return it and buy from somewhere else.
 
It sure does Sarah. I just thought spending that about on a computer would be easy sailing. Turn it on and everything would be cruising and I would be a happy bunny. Instead I've got a arrrghhhh feeling going on in my gut and day old computer in a Currys store.
 
Broric said:
"Bought a HP envy online at Currys"

Distance selling regs. Return it and buy from somewhere else.
Click to expand...

I have tried to return it but have been told there is nothing wrong with it. It's just the updates were installed wrong.
 
Daverkl said:
I have tried to return it but have been told there is nothing wrong with it. It's just the updates were installed wrong.
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There doesn't need to be anything wrong. You have 7 days to return it (potentially at your postage cost) for a refund even if you've just changed your mind. I'd threaten them with that and see if they budge.
 
Broric said:
There doesn't need to be anything wrong. You have 7 days to return it (potentially at your postage cost) for a refund even if you've just changed your mind. I'd threaten them with that and see if they budge.
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Even though I've used it? Briefly I know, but I've still used it.
 
Broric said:
There doesn't need to be anything wrong. You have 7 days to return it (potentially at your postage cost) for a refund even if you've just changed your mind. I'd threaten them with that and see if they budge.
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That's a good point.
The only issue is if you're just using it as a threat and you really want to keep the PC . . . could backfire and you end up with n PC and out of pocket for the postage.
 
I do want it, that's why I bought it. I want to know if it's true what they are telling me about I'm not entitled to a refund if it's a software/update fault.
 
Sorry to hear you are having issues.
I don't know what the answer is TBH.
I too would have thought that the distance selling regs would have come into play though.

This is a job for Superman I mean our very own consumer expert @Lynton
 
Daverkl said:
Even though I've used it? Briefly I know, but I've still used it.
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Yep. As long as it's not perishable goods or software licenses, etc then it's returnable as long as you've not obviously damaged it.

Google for "distance selling regulations". I'd probably use it more as a threat as you're going to be out postage (but less than the £35 they're charging).
 
Daverkl said:
I do want it, that's why I bought it. I want to know if it's true what they are telling me about I'm not entitled to a refund if it's a software/update fault.
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The product link makes no mention of Windows 8.1 being part of what you bought so technically I don't think they're liable for it but I'd also have thought they'd just have fixed it if you kicked up a bit of fuss as it's clearly their "fault" shipping them with an out of date version of windows.
 
sorry you have problems, but you only needed to download two files to enable you to upgrade to 8.1. I searched G**gle, before updating mine.
 
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Broric said:
Yep. As long as it's not perishable goods or software licenses, etc then it's returnable as long as you've not obviously damaged it.

Google for "distance selling regulations". I'd probably use it more as a threat as you're going to be out postage (but less than the £35 they're charging).
Click to expand...

The Distance Selling Regulations no longer apply in UK law. As of 13 June 2014 the new Consumer Contracts Regulations - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance.

This includes shopping online, by mail order, over the phone or through a TV shopping channel.

-----------------

Exemptions There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items, tailor-made or personalised items.


Cobra said:
Sorry to hear you are having issues.
I don't know what the answer is TBH.
I too would have thought that the distance selling regs would have come into play though.

This is a job for Superman I mean our very own consumer expert @Lynton
Click to expand...

I shall link him this page :)

Digisatman said:
sorry you have problems, but you only needed to download two files to enable you to upgrade to 8.1. I searched G**gle, before updating mine.
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Wish I had know that before clicking install.

Tigger.ufo said:
Can be returned to your local store....

http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html
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You always have the option of an exchange or refund if the fault occurs within 21 days of delivery. If the fault with your product occurs within its guarantee period (normally 12 months from delivery) we will offer you a prompt repair service. In all cases we reserve the right to inspect the product and verify the fault.

That's what they have done. Inspected the product and said it's a update fault. They guys on the currys phone help line said it was a software fault.
 
Stuart M said:
William Henry Gates III strikes again. No-one is safe from this mischievous fiend.
Click to expand...

To be fair, it's not that difficult to muck up an update on most computing devices, whether they be Windows, Linux, Android or iOS...
 
simple, its not fit for purpose.. no matter if its software of hardware issue.. currys are tossers anyway . take a print out of the new consumer contratcs regs, take it back and buy it from a proper store.. as for b*****ks about to many windows updates total crock of s***. i worked in IT for 8 years technical manager for storage devices and have installed windows more times than i can count and never heard such crap.
 
dean messenger said:
simple, its not fit for purpose.. no matter if its software of hardware issue.. currys are tossers anyway . take a print out of the new consumer contratcs regs, take it back and buy it from a proper store.. as for b*****ks about to many windows updates total crock of s***. i worked in IT for 8 years technical manager for storage devices and have installed windows more times than i can count and never heard such crap.
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So it's safe to say you think they are fobbing me off :)
 
had nightmare dealings with both comet and currys/pc world in the past. staff and worse than useless when it coems to knowing the law and managers are even more ignorant and will sy any old crap to try and pull a fast one. thats what working on commission does for ya , that and employing chimps
 
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There was over 100 updates. It tried to install them but crashed and I couldn't do anything.
 
http://www.pcworld.com/article/2465631/microsoft-pulls-august-windows-update-after-crashes.html
think that says everything that its totally out of user hands

however it does look like theres a user fix in the link above too.
most likely even though you only just got the laptop its been sitting in the store for a little while and not had the august updates done so probably one of the ones mentioned 9 or all of them thats caused the problem )
if you dont mind having a go yourself it looks failry easy to fix though having a second machine handy to follow the instructions will help enormously
 
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Daverkl said:
There was over 100 updates. It tried to install them but crashed and I couldn't do anything.
Click to expand...
Actually now you mention it, something like that happened to me a few years ago with XP Pro.
Not being that good with the techy side of computers, But IIRC some I know, managed to boot it in safe mode.
Did a factory restore, and then set the up dates to do a few at a time,
It seemed that a couple were hanging, and were causing the problem.
These were then updated one at a time in safe mode.

**Please don't follow my advice**
I know very little about the techy side.
I'm just agreeing that it does and can happen.
 
neil_g said:
If that is the issue, neither is it currys problem to be fair.
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Well, computer said no lol

Cobra said:
Actually now you mention it, something like that happened to me a few years ago with XP Pro.
Not being that good with the techy side of computers, But IIRC some I know, managed to boot it in safe mode.
Did a factory restore, and then set the up dates to do a few at a time,
It seemed that a couple were hanging, and were causing the problem.
These were then updated one at a time in safe mode.

**Please don't follow my advice**
I know very little about the techy side.
I'm just agreeing that it does and can happen.
Click to expand...

Like I say. It's with them now anyway. I wouldn't have a Scooby Doo what to do in safe mode.
 
Daverkl said:
Like I say. It's with them now anyway. I wouldn't have a Scooby Doo what to do in safe mode.
Click to expand...
Well fingers crossed for a speedy and good conclusion :)
 
From what I've read in ComputerActive magazine a couple of weeks ago, apparently one of the Microsoft updates was buggy and thus there is a 1 in 10,000 chance that it could cause a PC to crash. It sounds to me that you could well be one of the unlucky ones.

Either or, it is a poor show on both Curry's AND Microsoft's part.
 
Although they gave bad advice I still don't believe currys are liable.

As for Microsoft, it happens unfortunately albeit rarely. They cannot test every single combination of software and hardware. There have been bad Apple updates in the past as well as many 3rd party software updates.
 
i had the same problem with my own laptop, i found that if i installed one update at a time it worked fine, thats the way i'd look at doing it.
 
Had a similar problem with a rather pricey Toshoba laptop we bought our daughter for her 18th birthday

They too tried the we don't cover software line, but after much wrangling and threats of legal action repaired it free of charge

No expert, but couldn't you reinstall the original from the recovery disk, usb stick or program (not sure how they are supplied these days) Should be instructions online for your particular machine, not hard to do, I managed it and i'm not exactly computer savvy
 
Matt said:
i had the same problem with my own laptop, i found that if i installed one update at a time it worked fine, thats the way i'd look at doing it.
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I will be going in this afternoon to see what they've done.

tijuana taxi said:
Had a similar problem with a rather pricey Toshoba laptop we bought our daughter for her 18th birthday

They too tried the we don't cover software line, but after much wrangling and threats of legal action repaired it free of charge

No expert, but couldn't you reinstall the original from the recovery disk, usb stick or program (not sure how they are supplied these days) Should be instructions online for your particular machine, not hard to do, I managed it and i'm not exactly computer savvy
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It doesn't come with anything like that.
 
It doesn't come with anything like that.
Click to expand...

It must have something even if its built into the machine, how else could you reinstall the operating system.

In the past I have had to copy the recovery software onto disc or a stick, my new'ish pc has it as part of the system under recovery management
 
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tijuana taxi said:
It must have something even if its built into the machine, how else could you reinstall the operating system.

In the past I have had to copy the recovery software onto disc or a stick
Click to expand...
I have no idea but I no it didn't come with anything.
 
I have no idea but I no it didn't come with anything
Click to expand...

Have you looked in your program list? I would recommend that you look into it when you get your machine or its replacement back. If anything happens in the future and you have no recovery information you could be well stuck
 
I agree with Rich - it's easier to get the machine back from Currys and just install Windows 8.1 from scratch. The full retail version of 8.1 is around £84 - better to spend that than pay Currys £35 to sort out the update tangle (and still end up without the Windows DVDs).

It looks like the HP Envy doesn't have a DVD drive so you'd need to create an installation ISO file from the DVDs and put it onto a USB stick - like this:
http://pcsupport.about.com/od/windows-8/a/install-windows-8-usb.htm
 
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