Can I get a refund for downloaded software?

pingin

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214
Yesterday I bought what I thought was a new version of my existing computer scanning software for €99. From the description on the company web page (SilverFast.com) I thought it was a completely new program. They sent me a software key but when I downloaded and opened the software, it turned out to be an update of the program I had already and which I had updated for free the week before.

I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund. Here's what it says on the web site:
The right of cancellation lapses with regard to a contract for the supply of digital contents not supplied on physical medium even if we have started to perform the contract after you have expressly consented to us having begun performance before the expiry of the cancellation period and you have confirmed your knowledge of the circumstance that you lose your right of cancellation by consenting to the start of performance under the contract. In the case of a contract for software provided by us in the form of a download, we will provide you with a serial number (or a license file) used to activate the software. The serial number (or license file) makes it possible to activate the software at any time. Accordingly, sending the serial number (or license file) represents the start of performance under the contract on our part. In the ordering process we therefore ask that you confirm your consent to having the serial number (or license file) sent, and thus commencing performance of the contract, prior to the expiry of the cancellation period and that you are aware that by providing such consent you waive your right of cancellation. Accordingly, a contract for software to be provided by download cannot be cancelled after you have received the serial number (or license file).
The company is based in Germany. I paid by Visa Debit. Do I have any comeback?

Many thanks.
 

PaddyBloggit

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3,517
Same T&Cs with PayPal ... no return on software.

It's down to the goodwill of the seller. I bought and activated a WordPress Plugin that didn't perform as it should.

Seller refunded me my money and with the system they had, they were able to deactivate the 'paid' plugin.

I just deactivated and deleted the paid plugin.

I reckon you'll just have to suck it up.
 

pingin

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Messages
214
Same T&Cs with PayPal ... no return on software.

It's down to the goodwill of the seller. I bought and activated a WordPress Plugin that didn't perform as it should.

Seller refunded me my money and with the system they had, they were able to deactivate the 'paid' plugin.

I just deactivated and deleted the paid plugin.

I reckon you'll just have to suck it up.
Thanks Paddy. It looks like that all right. Silly mistake on my part!
 

PaddyBloggit

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3,517
Thanks Paddy. It looks like that all right. Silly mistake on my part!
But saying that, why not try a charge back? The most that can happen is that it's refused.

It's a pain losing money needlessly but if I had all the money I wasted needlessly over the years, I'd probably be able to retire early.
 

Jim2007

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2,120
Yesterday I bought what I thought was a new version of my existing computer scanning software for €99. From the description on the company web page (SilverFast.com) I thought it was a completely new program. They sent me a software key but when I downloaded and opened the software, it turned out to be an update of the program I had already and which I had updated for free the week before.

I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund. Here's what it says on the web site:


The company is based in Germany. I paid by Visa Debit. Do I have any comeback?

Many thanks.
What did they say when you contacted them?
 

SparkRite

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1,313
@Jim2007 I know it was late, or more accurately very early, when you posted and maybe you were sippin' a glass or two :),
but you actually quoted the answer to your question.

"I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund."
 

tallpaul

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1,079
Personally I would start transitioning from that software!! If that is how they want to treat an existing customer then good luck to them! Especially when there are plenty of alternatives available.
 

Jim2007

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2,120
@Jim2007 I know it was late, or more accurately very early, when you posted and maybe you were sippin' a glass or two :),
but you actually quoted the answer to your question.

"I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund."
Oops....

Then try Twitter.... some companies are super sensitive about getting complaints via Twitter
 

cremeegg

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3,314
"In the ordering process we therefore ask that you confirm your consent to having the serial number (or license file) sent,"

Your consent was hardly valid if you were under the mistaken understanding that this software was something different to what you already had. Was that mistake based on their advertising/marketing, or an error on your part.

In any case that is all immaterial, you are hardly going to court over €99.
 
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