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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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I am the partner in a software supply company. Our office

Customer Question

I am the partner in a software supply company.
Our office manager was asked to order 4 educational licenses of software for a commercial customer of ours.
Educational licenses are normally only sold to bonafide educational establishments (colleges, schools, training centres etc.)
However the customer has set up a training school in cooperation with a local college and all our other suppliers were happy to offer educational licenses.
She found a reseller and gave them limited details of the end user (they say she would not tell them who it was) but said she needed educational licenses.
They said that such a customer would not be allowed to purchase educational licenses and offered to quote for a single commercial license.
Quite how they reached this conclusion I do not know.
Our office manager received the quote for one full commercial license.She was under a lot of stress in the last 3 months (family matters) and she left us suddenly without notice before the software was ordered.
One of our staff was ordering equipment for the installation, found the quote and subsequently placed a verbal order in my name with the supplier believing the quote to OK (he did not check with me first). There is no written order.The software arrived yesterday and I checked the license and realised it was for a single commercial seat.
I rang the main supplier of this software (SolidWorks) today and found they have dedicated educational suppliers who agreed to quote for the 4 educational licenses.
Our bookkeeper then emailed the original supplier to say that we would be returning the software for a credit as we were not happy with the advice given and that I had not authorised the purchase of a commercial seat.The supplier emailed back denying liability for poor advice and is refusing to take the software back saying they will seek recovery.
The software is unopened, unused and the comes with activation codes that have not been used.Initial advice would be useful as to our rights in this case.
Should we send it back (we’ve only had it one day)?
I can give all the details later if needed.
Submitted: 7 months ago.
Category: Law
Expert:  Nicola-mod replied 6 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 6 months ago.
I'm OK to wait - although I did pay extra to get a faster response as the situation is time sensitive.
Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 6 months ago.
Please cancel this question and refund me.
Due to the time sensitive nature of this query I had to call my own solicitor today.
Sorry you could not help.
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

So software was ordered which was not wanted. Do their terms say it can be refunded?