well, those of you who said dxo don’t like providing refunds - you were correct, so far they are refusing to do so.
I am still pushing for one because this is quite clearly a defect - which was not present in an earlier version of the software but is present in this version.
By refusing to fix the defect or to provide a refund they are in breach of their obligations under the Consumer Rights Act 2015 (Consumer Rights Act 2015) for the sale of digital content.
In short, the software is not fit for the purpose for which it is described (it’s a photo editor, and I can’t see the effect of my edits while I am making them), and is not free from defects. They say that this is intended behaviour and that the software “has to render”, but the old version seemed to be able to do this without blurring, pixellating, aliasing and making it very difficult to see the effect of the edit. This is quite clearly a defect.
Here are the key provisions:
Schedule 9 (Statutory Rights > Goods to be fit for particular purpose)
Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
(b)appearance and finish;
(c)freedom from minor defects;
(d)safety;
(e)durability.
Schedule 20 (Right to reject)
(4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).
(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.
(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.
(7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b) the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
(9)The consumer’s entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
I’m including this because don’t ever let anybody tell you that you have no right to a refund just because a company tries to impose their own terms & conditions. They’re in breach of their statutory obligations, and to be quite honest it’s a terrible look and a terrible way to behave with your customers.
