Buying Computer Software - Consumer Rights

[UK26]

Right, a friend of mine purchased some computer software as a consumer not a business.

 

The software is not faulty in any way just that it needs alot of setup and after research its going to cost about £1000 to get someone to setup for me.

 

my friend had the free version of this software installed and looks really good so contacted a reseller to purchase a licence.

 

basically, my friend cant afford to pay someone to set the software up so decided to see if he could cancel the order under the distance selling regulations.

 

He has now been told he does not have a cooling off period under the act as its an excluded item. "Software"

 

he contacted the company and they refused to offer a refund but offered to setup the software for him a a really cut down price. however my friend just wants to get a refund. the software licence has been activated using the supplied licence key.

 

He paid using a Master Credit Card.

 

can he get a refund from his card company

[Conniff]

In short, the answer is no. Software that has been opened is specifically excluded from the dsr.

 

Exceptions to the right to cancel

 

 

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

 

• for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
  
• for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
  
• for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
  
• for the supply of audio or video recordings or computer software which were unsealed by the consumer;
  
• for the supply of newspapers, periodicals or magazines; or
  
• for gaming, betting or lottery services.
  

Also, you must have been told this at the time of making the contract.

Edited March 4, 2013 by Conniff

[UK26]

the consumer advise told him to contact the credit card company and do a charge back. would he win this based on the above info.

 

I think he does not stand any chance, however he was going to try and use the fact that he was not told it could need a software consultant to set the software up to work as it should as it requires a lot of experience. the problem he has is the company does offer an installation service but my friend does not want to pay for it.

[Conniff]

The part that will go against him is 'how does he prove he hasn't opened and copied it'. this is the reason that it is exempt when it has been opened.

[UK26]

it was not a sealed software, basically you download the Free Edition from the website and if you want to have the full version you have to purchase a licence in from of an activation key.

 

the licence is then registered to the buyer and recorded in the suppliers database, the fee which my friend paid was for the licence key.

 

Bit like downloading Windows 7 from the internet and then buying a licnece key from Microsoft to activate the software but then not having the required skills to fully install it.

[renegadeimp]

What software was it? Ive never heard of software that costs £1000 to setup. Not even server structure software.

[andytheguv]

What is the software ? Does he want to keep it if he gets it installed correctly ?

[steampowered]

This all sounds very odd. I do not understand why he would be able to install the free version but not the paid version. Why do you need someone to help installing it?

[UK26]

the software is a aastrix based phone system. he installed it but not able to set it up

[steampowered]

Google says: Asterisk turns an ordinary computer into a communications server. Asterisk powers IP PBX systems, VoIP gateways, conference servers and is used by small businesses, large businesses, call centers, carriers and governments worldwide.

 

I am sceptical of whether your friend was really acting as a consumer. What did he want the software for?

[UK26]

he has two phones at home and wanted to connect 3 other people to it remotely. He paid using a personal credit card and invoiced in his own name, if that makes any difference

the terms and conditions state

All software sales are final. we offer a free edition of the software to ensure the product will meet your needs without the need to purchase, there will be absolutely NO REFUNDS.

The Free edition is a fully functional product - it supports an unlimited number of extensions and does not time out.

Before deciding to purchase the software, please be sure to download, install and fully test the free version that we provide.

[renegadeimp]

Chsrgeback.

[UK26]

???

 

Chsrgeback.

[MaxxPower]

I still don't understand how he could install, setup and use the Free version, yet the paid for version needs some other kind of setup?

If all he was doing was purchasing a license then all that would do is just unlock any locked down features, but all the setup from the free installation should still be there.

[UK26]

Hi,

 

Just spoeken to my friend, he installed the software, but does not have the skills to actually setup / configure it. to me it sounds like he purchased the software without doing research first.

[MaxxPower]

So he installed the free version but never set it up to test it out, then went ahead and purchased the license anyway?

Unfortunately I doubt there's anything he can do. Software, especially if he's registered the key, is exempt from the DSR unless it came in some kind of sealed packaging which is still unbroken. And the credit card company will (rightly so in my opinion) reject a chargeback claim.

[Conniff]

So he installed the free version but never set it up to test it out, then went ahead and purchased the license anyway?

Unfortunately I doubt there's anything he can do. Software, especially if he's registered the key, is exempt from the DSR unless it came in some kind of sealed packaging which is still unbroken. And the credit card company will (rightly so in my opinion) reject a chargeback claim.

 

And I agree fully with that.

[renegadeimp]

Sounds like a simple case of Buyers Remorse. If you ever buy something like this, you need to be damn sure you have the skill AND hardware to set up the system.

[MaxxPower]

Are there no support forums where your friend can get some advice on setting up the software? There are forums out there for just about any kind of software setup help now.

[ericsbrother]

One problem is that software, in consumer law is treated as a "work of art" so it doesnt have to do what it is supposed to and you are not entitled to a refund. Blame the French for a confusing judgement over a second hand painting back in the 1870's that has passed into EU law.

[DigitalProduct]

What law would that be?