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Any Merchant Informative - Use the law to your advantage

Review by 32031 on 2007-08-27
This is a good case of using state law when returning defective merchandise. A co-worker recently purchased anti-virus software from Best Buy. After loading it and restarting the PC a message was displayed that Windows VISTA was invalid. A further message said that the installed copy of VISTA was a pirated copy. Uninstalling the software did not remove the messages. A restore had to be done to make VISTA fully functional again. The software was loaded on a different PC and the same errors appeared. A bit of online research showed that the current version of the software doesn't play well with VISTA. He returned the package to the store where they refused a refund because the box had been opened. The only option was to exchange it for another of the same version. That's quite unacceptable. They would not allow him to purchase another brand using the returned package for credit.

He came home upset and felt he had thrown out his money for software that's defective. I suggested that he look up state law on return of defective merchandise. State law (Maryland) says that regardless of the store's return policy, defective merchandise must be either exchanged or a full refund given. He printed out the entire page and went back to BB. There they gave him the same excuse as before. When the manager arrived he was shown the state law. I understand the look on the managers face was one of shock.

An immediate refund was processed.
Comments:10 Replies - Latest reply on 2007-08-28
Posted by Anonymous on 2007-08-27:
Good info. I'm currently running XP, and get the error message that I may be running a 'non valid' operating system, and, 'click here' to upgrade.

I own it, it's not pirated. Perhaps there are issues with multiple anti-virus software.
Posted by MRM on 2007-08-27:
I dont think your co-worker's software is defective at all. The problem is that the program is not compatible with Vista. To solve this issue, the user will need to go to the program's website to see if there's an update available so that the anti-virus program will be compatible with Vista.
Posted by Anonymous on 2007-08-27:
Actually, MRM, this might be MY root problem:

http://www.theregister.co.uk/2007/08/27/wga_server_outage_aug_2007/
Posted by MRM on 2007-08-27:
Yes, I heard about that WGA fiasco. Thats why I love my pirated copy of Vista Ultimate, even more, to avoid the headache of the activation scheme. And if you fail to activate your copy of Vista within a certain amount of days, you will be locked out of your computer, which is why a pirated version is better than legit version.
Posted by Anonymous on 2007-08-27:
MRM: I also looked a forums concerning the product. Since they came out with version 7 there are lots of complaints that it invalidates VISTA. The issued fixes don't help and the vendor is blaming M$ for the problem. M$ says the software is not compatible with VISTA but does work with XP.
The idea of my post was to show that state law can be on your side.
Posted by MRM on 2007-08-27:
PassingBy, very good informative article, nonetheless. I shall remember your review if I have any trouble returning a defective merchandise.
Posted by jktshff1 on 2007-08-27:
I'd stay away from VISTA for at least 6 mos.
Posted by MRM on 2007-08-27:
Or wait until Service Pack 1 comes out soon, which is at the beginning of 2008. Also Service Pack 3 for XP will be releasing soon. I cant wait to download my copy!
Posted by Anonymous on 2007-08-28:
Great offering PassingBy. I love this story. Consumer empowerment taken to the nth degree. Of course I voted this wonderful tale 'Very Helpful'.
Posted by Anonymous on 2007-08-28:
Thanks to Passing By for providing this valuable info. We need all we can get.

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