Legal problem with BiteSizedDeals.co.uk – advise required.

[wxman]

Long post – sorry

New gig with the client asking me to source a copy of VS 2008. After a google I found this company offering VS 2008 for £549

http://www.bitesizedeals.co.uk/Visua...roduct_85.html


Order placed on Client Company’s credit card (Barclays Visa Debit) after a week goods duly arrive – this is what I got!

Opened and very much second hand copy of VS2008 – there is no paperwork and no licence to install – just a rather scratched DVD (SQL DVD is missing as well). The software is useless.

http://www.stormtrack.co.uk/bitesize/bs1.jpg

http://www.stormtrack.co.uk/bitesize/bs2.jpg

http://www.stormtrack.co.uk/bitesize/bs3.jpg

http://www.stormtrack.co.uk/bitesize/bs4.jpg


So an email conversation commences..

[WxMan]
Dear sir,

I have just taken delivery of order BK-090223-123041-8492. Placed on Feb 23 2009 12:28

1 off Visual Studio Professional 2008 £549

The boxed was shipped to me still sealed but on opening it I find that the software has already been opened and I presume installed else where first. The offer sticker has been removed from the front of the box.

The goods are clearly damaged and defective on arrival. Therefore I wish to return them to you for a full refund.

Can you let me have your full postal address as well as Telephone number.

Is there a goods return number that I need to attach to the returned software?

All the very best

[Bitesize]
Please note that all items are sold as new and are shrink wrapped. Unfortunately we do not accept any returns on opened software. We can assure all products are brand new and will not send opened software due to the Copyright Laws.

Regards,

[WxMAN]
Dear Sir,

This software arrived opened with the sticker removed from the front of the case. There was no shrink wrap on the software at all. – The packaging that the software arrived in was still sealed. I have paid for new software and the copy that you have supplied is second hand. This is not acceptable. Also there is no paperwork inside the box – just a DVD –The licence number is also missing.

Please see attached picture of the image and you can see the condition that the software arrived in.

I wish to return this software for an exchange (unopened shrink wrapped copy) or a refund. I hope that you can under stand that we can not even use the software without a licence it is against copyright laws.

Thank you in advance

I attached the four images to the email

[BiteSize]
We apologize for the inconvenience. However, we do not ship any software that are opened. The software you have received does not come shrinked wrapped. The software only comes with a security sticker on the top of the software. We only sell brand new software. We do not sell used or second hand software. We will never ship a software that has been opened or damaged.
Regards,


[WxMan]
Order BK-090223-123041-8492. Placed on Feb 23 2009 12:28

Something has gone badly wrong here – On arrival I found that the software had been opened – the clear plastic box is covered in scratches which gives me the impression that it has been sitting on someone shelf fro some time.

More over there is no licence key with the software – so I can not install the software even if I wanted too – the software is useless to me. I have spend £549 on a DVD that can not be installed.

Again I stress

The software was opened before I got it

The licence key is missing (Therefore not be installed)

The software box is covered in scratches – this telling me that this is second hand. Not brand new.

Therefore I am wanting to return this software to you for a full refund or replacement as it can not be installed with out the licence key.

Can you provide a RMA number and an address to return it too.

All the very best


[WxMan]
Does this look brand new to you ?? (images attached again)

I required a full refund




The company (as it happens ) is in the USA despite the UK appearance to the web site (I know – I should have checked)

I am after suggestions on what to do now ??/

[Drewster]

1) Kiss it goodbye - cos they ain't gonna do owt!

[b0redom]

Whine to Microsoft? I'm fairly sure they'd want to know about a company selling knock off software.

Alternatively call up the credit card company. They will carry more weight than you.

[ASB]

If it is a debit card then the joint and several liability doesn't apply. However some card companies do extend the same protection to debit cards as in mandated to credit card. Worth trying to place it in dispute and attempting a chargeback.

[wxman]

Ah good news - dispite this being a visa debit card - it is still covered by the normal consumber rights (I have just spoken to the issuing bank) - even through the goods were ordered from the USA.

watch this space

[Pondlife]

Ah good news - dispite this being a visa debit card - it is still covered by the normal consumber rights (I have just spoken to the issuing bank) - even through the goods were ordered from the USA.

watch this space

Does that apply to 'company' cards as well. I thought consumer protection only ran to people and not businesses.

Will be very happy to be wrong on this.

[BrilloPad]

Ah good news - dispite this being a visa debit card - it is still covered by the normal consumber rights (I have just spoken to the issuing bank) - even through the goods were ordered from the USA.

watch this space

Where in the USA are they? Next time you are over there cahasing a storm (if yoiur wife lets you go again) pop by and superglue their front door locks.

HTH

[wxman]

LOL They are in LA., California

An update

Right now ... Visa are looking to totally revoke BiteSize’s merchant account – which will end all Visa Credit card transactions forthwith. Visa are aware of this company due to the number of complaints that they have received and are willing to take action immediately.

I have suggested to BiteSize that it would be better to refund me or face the Merchant revoke – All I got was the standard “We only ship shrink wrapped software”, so no refund reply”

I will leave this to Visa to deal with them.

[DaveB]

Drop a note to FAST, they may well be interested in a company selling dodgy software and they have a US operation as well.

[wxman]

Whine to Microsoft? I'm fairly sure they'd want to know about a company selling knock off software.

Alternatively call up the credit card company. They will carry more weight than you.

I will talk to microsoft right now ....