Yesterday I bought what I thought was a new version of my existing computer scanning software for €99. From the description on the company web page (SilverFast.com) I thought it was a completely new program. They sent me a software key but when I downloaded and opened the software, it turned out to be an update of the program I had already and which I had updated for free the week before.
I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund. Here's what it says on the web site:
The company is based in Germany. I paid by Visa Debit. Do I have any comeback?
Many thanks.
I emailed the company but they said that as I had consented (in Terms and Conditions) to using the key I was not eligible for a refund. Here's what it says on the web site:
The right of cancellation lapses with regard to a contract for the supply of digital contents not supplied on physical medium even if we have started to perform the contract after you have expressly consented to us having begun performance before the expiry of the cancellation period and you have confirmed your knowledge of the circumstance that you lose your right of cancellation by consenting to the start of performance under the contract. In the case of a contract for software provided by us in the form of a download, we will provide you with a serial number (or a license file) used to activate the software. The serial number (or license file) makes it possible to activate the software at any time. Accordingly, sending the serial number (or license file) represents the start of performance under the contract on our part. In the ordering process we therefore ask that you confirm your consent to having the serial number (or license file) sent, and thus commencing performance of the contract, prior to the expiry of the cancellation period and that you are aware that by providing such consent you waive your right of cancellation. Accordingly, a contract for software to be provided by download cannot be cancelled after you have received the serial number (or license file).
The company is based in Germany. I paid by Visa Debit. Do I have any comeback?
Many thanks.