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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I recently purchased some software online in error and received

Resolved Question:

I recently purchased some software online in error and received a licence code. I had previously had a free trial version of this software but the trial had expired. I advised the vendor within two hours of the mistaken purchase and requested a refund but they have effectively refused. The purchase was made through paypal who were unable to help. I have contacted my card issuer with the same result. The sum in question was $79.95 or just over £50 when converted. The vendor is called iskysoft thier website gives no physical address so I do knot know which country they operate from. My question is as to whether there is any legal cooling off period applicable to this situation. The purchase was made six days ago. Thier terms and conditions state that they will not refund just because a customer has made a mistake.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how did you come to purchase this in error?
Customer: replied 2 years ago.

I downloaded a free trial of the software. At roughly the same time I did the same with alternative software called "pdf annotator" which is the one I had meant to purchase. I mistakenly thought one was the other as I had by then forgotten I had the firdt one. Silly me.

Expert:  Jo C. replied 2 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Under the Distance Selling Regulations you have seven days to cancel, regardless of the reason,
however, that does not apply ever service has already been provided.

Because this is something which has been downloaded and cannot in effect, to be returned, it is highly likely that it would be classed as a service and therefore you now have no rights under the Regulations.

However, even if you were to claim a refund under the Regulations under English law, which is the applicable law because of where the contract was concluded, you are going to need a physical address in the UK to issue proceedings against the supplier if they will not refund. Its one thing to have a right to a refund and another to enforce it.

The Regulations apart, there is no right to a refund simply because you bought the wrong thing.

I am sorry that this is bad news for you

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
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