Digital Download - Refund?

[kathynewman]

Does anyone know of any distance selling regs or such that allow refunds for digital downloads?

We have been having some major issues with our accounts software and in a fit of peak at the weekend I purchased another software package having seen that there was a 30 day money back guarantee. The digital download version was around £30 cheaper so I took that option - and in my foggy brain state didnt even think about not being able to get a refund if it was not suitable.

The software turns out not to be suitable but of course this morning when I look I see that digital downloads are exempt from the money back guarantees.

I think I have probably lost the money and have some software that is not suitable for our needs - but just thought I'd see if anyone had any ideas (other than Kathy ALWAYS READ the small print first!)

I can understand why the downloads are not refundable - there is nothing to send back to the company - but am just so p***ed off with myself for not thinking straight and still having a accounts package that is so rubbish and full of errors -arrgghh - sorry for rant!

[Duncan Rounding]

If the company specifically advertised that there was a 30 day money back gurantee then they should honour it regardless of whether you decided to buy it as a download or otherwise.

If you had ordered it via post you would still have 'have' the software so I can't see the difference.

I think they should refund you as advertised.

[kathynewman]

Thanks Duncan - however on the website it does say that the money back guarantee does not apply to digital downloads (and that was the bit I missed when buying!)

[Paul Bulpit]

and the guarantee probably applied to the return of an UNOPENED CD, as would be usual.

Otherwise everybody would be installing the software then sending the disc back!

[kathynewman]

There is no mention of unopened CD's - their receipt states:

Returning your purchase
All XXX products come with a 30-day Satisfaction Guarantee. If you aren't satisfied with your XXX products, simply return the product, with your dated receipt to the XXX Service Centre for a full refund.

You have nothing to lose! Simply include a proof of purchase (original or clear copy) and provide your name, address, telephone number, reason for returning and desired replacement product (if you want an exchange).

(names been changed to protect the innocent!)

[Mark H]

The Office of Fair Trading consider downloads to be services rather than goods, so slightly different rules apply. Try Googling "Office Fair Trading Distance Selling" for more information. Bear in mind that retailers are unlikely to be able to "contract out" of most of the regulations, whatever their T&Cs say.

[kathynewman]

Well having spoken to Comsumer Direct it appears that we are unable to get a refund as it does state on the website that the 30 day money back guarantee does not apply to downloaded software.

Lesson - DO NOT do things in a fit of peek.

Kathy (who is now £250 poorer )

[Golf Tee Warehouse]

Is it suitable for resale on ebay.

EDIT: Just remembered it is a digital download so not so easy as I believe they may have recently banned the selling of digitial downloads, although you could get around that by burning it to CD but that then may break the licence agreement of the software company you purchased from.

[guccij]

Lesson - DO NOT do things in a fit of peek.

You've nothing to lose by calling the company who supplied the download and pleading with them. They might be prepared to offer you some money back, in return for a written guarantee that you have destroyed all evidence of the software on your computer.
I once, after a virus had been missed by my existing software, downloaded some Symantec software which I should have known would be crap. Symantec emailed me some forms which I completed and I got my refund.

[RuralWeb]

I bought some software from Quickbooks last year by DD and managed to get a refund after lots of arguing.

[kathynewman]

Oh - what sort of arguments did you use Mal? Same software as I bought!

[davidbenson]

I've only ever bought Digital Downloads to upgrade my existing software so I know it suits my purpose.

I can't see how anyone can determine whether a piece of software suits their purpose unless it is available to check by download or on CD with a time limited free test or a refund available. You can't test the software on a sealed CD.

I would suggest your download is 'unfit for purpose' just as any other product might be under distance selling regs.

[george]

Tell the Yank president, he'll sort it out for you K.

[RuralWeb]

I just said that it was not suitable for what I wanted it to do - I was given the runarround for a few days then they refunded me.

Just stick to your guns and threated to out them on every forum

[Golf Tee Warehouse]

Do you know if are permitted to transfer the licence to somebody else if you can't get a refund.

Did they have any 30 day trial software for download like Actinic trials which only last 30 days and you don't need to pay upfront until you have trialled the software.