false written and verbal promise

businessdit

Hi All,

I bought an item from an online shop recently, very known brand etc.
Everything was fine and i recieved my product.

I was aware Prior to purchasing the product that an upgraded version would be released soon. I brought this up via telepone and was told that i would be entitled to this upgrade for free. I asked them to confirm this over email. I was sent an email by a member of the sales team confirming that i would be entitled to a free upgrade of the product. There was no mention of this entitlement having a time limit etc.

Just recently i decided that i would avail of this upgrade, however upon contacting this compnay they have said that i am not entitled to it as it was only valid for one month. They have told me this now by email thati am not entitled. They admitted that the email i recieved confirming free upgrade entitlement did not mention that this was a time sensitive offer, but said that this was outlined on their sales pages when I pucased the product. (It wasn't, but there is no way of proving if there was or was not).

So my question is do you think i am entitled to this upgrade?. I was sold the original product on the pretence that i would recieve a free upgrade. If they had not given me this in writing i would have held off and bought the upgraded version of the product. It was a pretty high ticket item @ nearly 400euro. so its not like i can take it on the chin and buy the upgraded.

/Advice pls

dudara

TBH - I'm highly suprised that any company which sold you a high value ticket would promise you an automatic upgrade.

However, the fact that you have it in writing is quite interesting - I really don't know how this one would work out.

businessdit

dudara wrote: »

TBH - I'm highly suprised that any company which sold you a high value ticket would promise you an automatic upgrade.

However, the fact that you have it in writing is quite interesting - I really don't know how this one would work out.

Yes i was quite surprised also, (its a software item so maybe its more understandable given the industry)

but the sales person assured me by telephone that i would be entitled, and being so surprised and doubtful I asked if they would confirm this in writing over email.

This was the factor that made me pourchase the item there and then so i believe I was sold a falsly described good of sorts....

whippet

businessdit wrote: »

Yes i was quite surprised also, (its a software item so maybe its more understandable given the industry)

but the sales person assured me by telephone that i would be entitled, and being so surprised and doubtful I asked if they would confirm this in writing over email.

This was the factor that made me pourchase the item there and then so i believe I was sold a falsly described good of sorts....

it's not unusual to be entitled to an upgrade for some software when you purchase it close to a new release.

I know Adobe do this, it is to support the channel resellers who have stock of the current version. It allows them to sell on their stock knowing that the end user will be able to avail of an upgrade when the new version is released.

Usually there is a very specific grace period and this is enforced by the vendor.

ytpe2r5bxkn0c1

I had similar with a Garmin and not having broadband at the time I could not go online to upgrade to the free maps; but the literature with the unit did state a time limit. The shop didn't mention the time limit but the documents enclosed did and so did the website when registering the unit.
Was yours a GPS as well?

businessdit

No mine was not a GPS ststem software. The unique thing about my case was the fact that i contaced the company, and they sent me a written document outlining the fact that I can upgrade the software if i buy it today. Never mentioning that there was a time constraint. how did you tacfkle this and were u succesfull?

jahalpin

Large software companies such as Microsoft normally allow you to upgrade to the latest version of the product if you buy an older version during a specific time period.

The latest high profile upgrade scheme (Technology Guarantee) that they ran was with Microsoft Office. If you bought a retail version of Office 2007 between March 2010 and September 2010 you could go to the Microsoft site and download a full version of Office 2010. All claims must have been registered with Microsoft by 31st October 2010

In this case, a quick visit to Microsoft's website would have given you all the information regarding dates etc.. Most online retaailers would also have shown the link to Microsoft's terms and conditions regarding this offer and it would be up to you to click on the link

ytpe2r5bxkn0c1

I think the OP needs to be more specific asto the item purchased before proper comment can be made.

the_syco

businessdit wrote: »

I bought an item from an online shop recently, very known brand etc.

How recent is recent, and what did you buy? As in, an OS, an application, vague description, etc.