Question (Sold something online)

BoozerDawg

BoozerDawg

BoozerDawg

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Sold someone Windows 7 Home Premium (Sealed) online, they get back to me today saying he opened and installed it, found it didnt have the features he wanted, and is now trying to return it for a full refund under the distance selling regulations. Now, he cant do jack considering hes said its been opened and installed, correct ? Im certainly not happy to take it back considering he could now leave it installed on his PC. Am i in the right ?
 
I'm not sure about the laws, but I wouldn't take it back, and especially not refund him.
 
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Im pretty sure once software is opened its not covered under the DSR?

Was this a private sale? in which case they would never have been covered anyway.
 
You are correct, under section 3 paragraph 38 of the distance selling acts it explictly states audio or video recordings or computer software that the customer has unsealed cannot be cancelled for refund.
 
Distance selling regulations only apply to businesses don't they?

I don't think that's reasonable grounds for refund, he should have done some research first. Sounds like they might just have wanted a disc or key. If it's activated that could cause problems if they decide to keep it.
 
The only obligation on private sellers in law is that the goods must match their description.

As long as you didn't mention refunds in your auction page (I presume eBay?), then he has no legal right to a refund.

Tell him to get lost.
 
Tell him to go jump. Assuming that the item was as described, there's nothing he can do.

As said, DSR don't apply to private sales.
 
Just like to echo some comments here: the DSR isn't applicable to private sales and even if it were, this wouldn't be covered.
 
Heh doesn't have the features he wanted? Win7 has more features than any other OS.

What a liar.

Tell him to do one dot com.
 
it is the buyers responsibility to check if the software he is buying is suitable for his need's.

software reveiws are ready available to check on-line to see if it has the feature's someone want's.

to me this sound's like a fraud case,who would but a op then dont want it because it's not what he need's........what do you really need from a op ?
 
If it was a retail copy it has all the features on the back of the box with a comparison to the other versions of Windows 7.

If he failed to take any notice of that then tough luck. It takes the merest of Google searches to discover what you can and cant do with Home Premium, so again it is his tough luck.

As long as your auction [assuming it was eBay or similar] clearly stated it was Windows Home Premium in no uncertain terms [and you never misled him in anyway through correspondence] then he doesn't have a proverbial leg.

Make sure you let us know how it went!
 
schizo220168 said:
it is the buyers responsibility to check if the software he is buying is suitable for his need's.

software reveiws are ready available to check on-line to see if it has the feature's someone want's.

to me this sound's like a fraud case,who would but a op then dont want it because it's not what he need's........what do you really need from a op ?
Click to expand...

That makes barely any sense.

:confused:
 
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