united-kingdom software consumer-protection
Consumer rights (UK) - OEM operating system purchased on the basis on invalid requirements
<p>Let's say I purchase an Operating System (let's call it, Microsoft Windows 10 Home Edition) from an online retailer. It turns out this is an OEM license, so perhaps not entirely as legitimate as it should be.</p>

<p>I purchased this OS on the basis that the software I wanted to use (from the same vendor) suggested that it would meet the requirements (Microsoft Visual Studio)</p>

<p>It then transpires, due to incorrectly published requirements - that the features I particularly wanted to make use of, are not in fact supported on that platform.</p>

<p>Through no fault of my own, or of the retailers - I have purchased an operating system that does not meet the <em>actual</em> requirements of the software I intend to run. I should have purchased the 'Professional Edition'.</p>

<p>Now, the retailer refuses to refund or replace the product.
And the software vendor refuses to admit liability, telling me it's up to the retailer.</p>

<p>As a consumer, what rights do I have?
Does the operating system fall under the 'Not fit for purpose' clause of the consumer act, despite it actually functioning as designed?</p>

<p>Do I have a case against Microsoft, and is it ultimately their responsibility to make me whole - or to at least provide a solution?</p>

<p>Or do I go back to the retailer and make noise, despite this being outside of their control?</p>

<p>Advice much appreciated</p>

<p>As there is no defect with the operating system and it is suitable for the purposes for which it is advertised, and you did not contact the retailer to ask if it was suitable for any other purposes, it seems that the Sale of Goods Act and other consumer protections would not apply to that purchase.</p>

<p>However, due to an error on Microsoft's part (misdescribing the requirements for Visual Studio) it seems like you have a case against them for incidental losses. There is likely something in the EULA that attempts to absolve them from all that, but it's irrelevant if the requirements were published elsewhere (e.g. their web site).</p>

<p>Thus you may be able to take Microsoft to Small Claims Court to recover the cost of the Windows licence, assuming it has no other value to you. If you have not used the key then you may be able to resell it to recover some of the cost, in which case you could claim the difference between the resale value and the purchase price, plus court fees.</p>
