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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I went into buy a new windows computer as the last one was

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I went into buy a new windows computer as the last one was not fixed properly by currys. I was told to buy Apple. I did not want Apple. They said it was the best for me and small businesses as I can still use windows on it and sold me Parallels which runs Windows on Apple. This has slowed the comp down and I am stuck with the Apple product plus 3 year warranty. It has been sitting there for 6 months whilst I got someone to come round and move things to Apple product and get aspects working. So I have only found out today. In the meantime I have been using the laptop which is on windows.
I only need it for work and document management. Do I have any rights at all considering the Apple machine will have to be ditched shortly with 1k write off. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is wrong with the Apple?
Rights in relation to what?
Customer: replied 2 years ago.

I need it for work. Document management. When I bought it I thought it had a disc drive which it didnt. So I had to buy an Apple disc player. It works but I told them I wanted Windows as I have no experience with apple and it is not for show or play but for work. Nothing wrong with it. Its not work doc management really. I just wanted a replacement computer and told them my specs. Told Apple is best. What do I know about computers to argue? I could not take it back as they had to put more memory on it as well as it would have been too slow. They could have simply told me to buy the I7 version which they didnt have. So as the machine was customised before I took it back I could not take it back under the 28 day returns policy as it had been opened by them.

Customer: replied 2 years ago.

Rights to return it and get my money back. I need it for staff too. All staff will need it windows to work from. It's double cost. I told them I just wanted a comp to replace my one. Said Apple is better as virus free and works like a beauty. Dont care about aesthetics -just wanted a new comp. Was over sold with Parallels software that I did not need but I was charmed by Apples rep at Currys. Was too tired to argue as I know nothing about comps save that I wanted a replacement comp

Expert:  Jo C. replied 2 years ago.
Ok. But what is the specific false or misleading statement? Or is there one?
Apple is indeed far better than windows.
If it works, then what is the fault?
I'm sorry if I'm missing the point but what is the specific basis to return this?
Customer: replied 2 years ago.

I wanted windows so why sell apple with windows parallels on it as it only slows it down and also because I am using windows still I still have to get anti-virus programmes.

Why go out of their way to sell me windows on apple when a windows operated comp would better as it is two machines in one as windows is run through apple.

I told them I had no time to relearn buttons, settings and needed it for work and not for photoshares and such like. No twitter or such like. Just plain word processing, emails and outlook. 3 hours later I walked out with an apple

Expert:  Jo C. replied 2 years ago.
The difficulty with this is that you did purpose the Apple. You may well have been pointed to the Apple device but you purchased it.
There is no fault with the Apple so there is no SGA point.
You do not seem to be describing a misrepresentation as they did not say anything untrue or misleading.
They sold you an Apple because they are much better than Windows and also probably much more expensive which improved their commission. That does not mean that you have a claim against them since you did, ultimately, of your own free will purchase an Apple.
They may agree to accept a return. Often stores will not dig their heels in.
On these facts though, I'm afraid there is no basis to force them to accept the device.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I was told it would be faster. It is slower. I was sold Windows software for Apple which slows it down and still is prone to viruses. It is slower, more cumbersome and actually doesnt suit what I needed it for. Why sell me an Apple when I wanted Windows and was reassured everythign would be fine when it is not? The misstatement is that it would work better for me when it doesnt and when considering I went in asking to be shown windows comps was told this was the 'best fit' when it clearly isnt.

Expert:  Jo C. replied 2 years ago.
At the very highest point, you might have a claim for a refund of the software on the basis that it is not compatible.
They sold you an Apple because they are much better than Windows and also probably much more expensive which improved their commission. That does not mean that you have a claim against them since you did, ultimately, of your own free will purchase an Apple.
Customer: replied 2 years ago.

'They sold you an Apple because they are much better than Windows'

Thats not the point. It does not meet my needs. If the statement made is false as to the software application and that solely influenced my decision to buy the Apple in the first place then that must be misrepresentation. I dont agree that they can walk away from this because I am looking to them on this. Apple is not better. It depends on your business needs. I told them I did not want Apple but persuaded me that it met my needs

Expert:  Jo C. replied 2 years ago.
That might be right. But you agreed to purchase an Apple.
I am sorry but I cannot agree that is a misrepresentation.
The only misrepresentation that does exist goes to the software.
Customer: replied 2 years ago.

So would I need to get expert evidence on the software not being what I required and thus mis-sold before I sue them? I just want to issue proceedings as the 'whole' sale was predicated on the machine being a suitable replacement and it isn't.

Expert:  Jo C. replied 2 years ago.
I am really sorry but I am not going to be able to tell you that you have a claim on the facts you present for the return of the Apple.
If you issue then you would probably end up paying their costs.
I am sorry.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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