Chris O. Hi, I think you have your rating wrong - did you really mean to give this a heart? I wouldn't think so.


Anyway this company is a Microsoft partner and authorized reseller, so one place you can report this to is Microsoft Education, as follows:

Microsoft Education Contact Centre:
In the UK, phone 0870 60 70 800
In Ireland, phone (01) 450 2113 ext 1

Email : askedu@microsoft-contact.co.uk

If you can prove fraudulent activity, then they shouldn't get MS backing.

They also display a "Microsoft Gold Certified Partner" badge though I can't find them in the MS list. Maybe you could ask about that one, too, since the "gold" partners are supposed to be world-quality resources and this doesn't sound like one.

Let us know ...

Chris O. PS If you used a credit card but did NOT receive the product you ordered and the company is refusing to replace it, tell the credit card company and see what they say. IMO a product is a product whether you download it or buy it on a disc.

Mahr M. No i just purchased it using a DD card, but they're still refusing to refund my money, because its a digital download, and they don't refund digital downloads, they just said its in their terms and conditions that they don't do that. I have had a look at the terms and conditions and if I'm right, I'm sure i am entitled to a refund, as I've requested a refund within the 5 working days of purchasing the item, but their still refusing any refunds.

What can i do about, nothing and they know that. That's why I'm angry at this website, i feel that I'm all right when it comes to installing software but when it come's to error messages i don't have a clue, and I've called Microsoft help line for support, and they've taken my details and said they call me back, not heard from them either. I'l just have to pay someone else more to get this sorted.

When you purchase something, in the intention that your getting a good deal, the last thing you think about is paying more to install or fix it.

I'l take your advise and ask Microsoft in regards to this website about their certificate and i'l let you know soon as i get a answer from them.

Thanks

Chris O. OK let's look a little further into this one. Their response to you relates to the Consumer Protection (Distance Selling) Regulations 2000, which give you certain rights, but they have inserted a weasel clause in their terms and conditions as follows:

"In relation to digital download software, the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") give consumers the right to cancel orders for downloaded products or services during the period of seven working days after the day on which provision of the product or service being provided commences. However, under the exceptions to these Regulations, you agree that this right of cancellation does not apply."

In their view, whether or not they are correct in claiming that they have a legal right "under the exceptions to these Regulations" or not (and I don't believe they do, and this is a very fuzzy form of words in any case), they have cleverly got you to voluntarily waive your legal rights under these regulations and have a perfect cop-out.

But in this case I don't believe they do. My argument is, that the Regulations are irrelevant in this case since they make the assumption that the product you ordered has been delivered to you in the first place. The whole purpose of these Regulations is to allow a person the opportunity for second thoughts, having received the goods or an agreement to provide services which they paid for.

In your case, according to what you've told us so far, the product you ordered - software for the Windows Vista operating system - has not been delivered to you. Therefore the Regulations don't apply here, and neither does your waiver. A much older and simpler law applies - you are entitled to receive what you paid for. If you can prove that your order has not been met as yet, then whatever these people have sent you or offered to send you is irrelevant - it isn't what you ordered and therefore you aren't obliged to accept it. If they insist that you accept it, then I believe - you'd have to confirm this - that you can treat it as a gift, and do what you like with it, since it's an unsolicited product which you have offered to decline, but they have insisted that you take regardless. And you will still be entitled to ask for the product you originally ordered.

By their terms, a download which failed and produced a corrupted copy at your end would also be fulfilling their contract with you - which clearly it doesn't. In both cases, they would have failed to provide what you paid for, and frankly I can't see any difference. Yet nobody would expect you to accept a download that failed to work for the first reason, so why would they expect you to accept one that fails for any other reason?

The Sale Of Goods Act 1979 allows that if a product is not fit for the purpose for which it is intended, you are entitled to a refund or replacement. The software you have been offered, apparently, is not fit to be used with the operating system on your computer and therefore, in my opinion, is not fit for use.

Honestly - I think this is all smoke and mirrors. The distance selling regs have no bearing on this. If the situation is as you describe, the business has simply screwed up at their end and offered you a product which you did not ask for and cannot use. They seem to be trying to tell you that you have no rights, because you waived rights under a regulation that has nothing to do with this case.

Initially I suggest you put all these points to them clearly and in writing, and request a written response. You might also invite a representative of the business to come into this conversation and put their side of the case, I'm sure we'd all like to hear it. If you don't get satisfaction and you are still not offered the product you paid for, you should contact your local Trading Standards office and supply them with all the details of this case. Please feel free to copy this too. And keep us posted, please.

Note, I am not a lawyer and I am only expressing a personal opinion, based on what I've read. That opinion does not constitute legal advice. If you want current and reliable legal advice you should always seek a consultation with a qualified attourney.

Mahr M. This is brilliant information, i didn't even think that this was the case.
Thank you! Hopefully by using the information you've given me, i'l be able to get a refund. I've had someone look at the software, it won't work on my laptop because the software's only compatible with windows 2000, 98 and ME not Vista, so hopefully by putting this through to them, they get the message.
Thanks again, i'l keep you posted.

Helen M. I have had the same problem - they won't help with downloads (you find this out later) and the software doesn't download at all! I have lost £80 - they won't reply to my emails. It is fraud