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  • FIRST POST
    • webbhost
    • By webbhost 6th Jan 18, 8:05 PM
    • 89Posts
    • 19Thanks
    webbhost
    tricked / coherced into buying software... where do I stand?
    • #1
    • 6th Jan 18, 8:05 PM
    tricked / coherced into buying software... where do I stand? 6th Jan 18 at 8:05 PM
    Hi all, wondering if anyone could offer me some advice with the following:

    I had to do a factory reset on my mobile phone - so the first stage was to find a program where I could back up my data on phone and restore it after the reset.

    I searched around and came across a product called "Wondershare Tunesgo" - I downloaded it as a direct link from a forum - i.e. I did not visit their website.

    After downloading what I thought was a free program, I used it to back up my data (which it let me do no problem at all) - did a factory reset on my phone, and upon trying to restore my data back from the program onto my phone again - it told me it was a trial version and that if I want to restore my data I have to buy the full version for £30.

    Needless to say I am miffed that I've been tricked into having to buy this software as once I had done the factory reset this program was the ONLY place my data existed.

    I feel that this was coercing / blackmailing me into buying the software as I had to purchase it or lose my data.

    When I visited their website, it was quite clear on the site that it was a "trial" download.however as previously mentioned - I didn't get it directly from their site. In my eyes, the software should have either been clearer about the policy - or it should have not allowed me to back it up for free, knowing it would cost me money to restore it.

    I've contacted the company explaining my complaint and they have said that they are not willing to refund me. I purchased it on a credit card knowing that you get better protection than debit card.

    Could anyone explain where I stand with this and whether I have a leg to stand on?

    Just to add insult to injury, some of the apps that it restored did not restore properly so I have to reinstall some anyway. I've replied back saying their software was faulty as it didn't restore properly and I am awaiting a reply to see if they change their mind.

    I know with physical products purchased online, there is a timeline you can change your mind and return it. Does any similar rule apply for digital purchases?

    Thanks for any responses.
    Nathan webb
Page 1
    • stuartJo1989
    • By stuartJo1989 6th Jan 18, 8:15 PM
    • 376 Posts
    • 367 Thanks
    stuartJo1989
    • #2
    • 6th Jan 18, 8:15 PM
    • #2
    • 6th Jan 18, 8:15 PM
    I can't see how it is the fault of the software company to be honest...

    You followed a link via a forum and did not check their official website before downloading. I'd argue that the fault lies either:

    - On you for not checking the official site for Ts and Cs

    - On the forum you used to find the download link, as they did not clearly state that it was a trial version

    (or a combination of the two).

    As for the idea that you had to reinstall some apps because it didn't work fully, did you actually incur any losses (for example, permanent loss of data)? If it is merely a case of having to reinstall some apps then I'd say that was nit picking and moot.
    • Fosterdog
    • By Fosterdog 6th Jan 18, 8:17 PM
    • 3,550 Posts
    • 6,104 Thanks
    Fosterdog
    • #3
    • 6th Jan 18, 8:17 PM
    • #3
    • 6th Jan 18, 8:17 PM
    Hi all, wondering if anyone could offer me some advice with the following:

    I had to do a factory reset on my mobile phone - so the first stage was to find a program where I could back up my data on phone and restore it after the reset.

    I searched around and came across a product called "Wondershare Tunesgo" - I downloaded it as a direct link from a forum - i.e. I did not visit their website.

    After downloading what I thought was a free program, I used it to back up my data (which it let me do no problem at all) - did a factory reset on my phone, and upon trying to restore my data back from the program onto my phone again - it told me it was a trial version and that if I want to restore my data I have to buy the full version for £30.

    Needless to say I am miffed that I've been tricked into having to buy this software as once I had done the factory reset this program was the ONLY place my data existed.

    I feel that this was coercing / blackmailing me into buying the software as I had to purchase it or lose my data.

    When I visited their website, it was quite clear on the site that it was a "trial" download.however as previously mentioned - I didn't get it directly from their site. In my eyes, the software should have either been clearer about the policy - or it should have not allowed me to back it up for free, knowing it would cost me money to restore it.

    I've contacted the company explaining my complaint and they have said that they are not willing to refund me. I purchased it on a credit card knowing that you get better protection than debit card.

    Could anyone explain where I stand with this and whether I have a leg to stand on?

    Just to add insult to injury, some of the apps that it restored did not restore properly so I have to reinstall some anyway. I've replied back saying their software was faulty as it didn't restore properly and I am awaiting a reply to see if they change their mind.

    I know with physical products purchased online, there is a timeline you can change your mind and return it. Does any similar rule apply for digital purchases?

    Thanks for any responses.
    Nathan webb
    Originally posted by webbhost
    You chose to download and use the product without looking into the details first. Lesson learned, never just click a forum link and download something, it could have been a virus that wiped and bricked your whole phone and your PC. The time to research software is before downloading and using it, you said yourself, they had the information available but you didnít read it first you just followed a link and downloaded.

    Iím looking at their website now and they advertise it as a music and contacts backup and management program with no mention at all of also backing up and restoring apps.

    They also appear to be a Chinese company so no U.K. rights to fall back on, if you even had any.
    • NotRichAtAll
    • By NotRichAtAll 6th Jan 18, 9:55 PM
    • 698 Posts
    • 527 Thanks
    NotRichAtAll
    • #4
    • 6th Jan 18, 9:55 PM
    • #4
    • 6th Jan 18, 9:55 PM
    You were not tricked into anything, i feel you were probably looking round for a free/cracked/pirate version of the software and thought you'd found it when you saw it on a forum link.

    Unlucky
    • webbhost
    • By webbhost 7th Jan 18, 7:50 PM
    • 89 Posts
    • 19 Thanks
    webbhost
    • #5
    • 7th Jan 18, 7:50 PM
    • #5
    • 7th Jan 18, 7:50 PM
    Thanks for the replies guys - if it's my fault, it's my fault.. I'll just have to suck my gut in and accept the loss. Inevitably it was on the website, and it was probably in the terms when I installed the program too... but I didn't check. Lets be honest through, who can HONESTLY say they check websites and long terms and conditions lists every single time they install something? I doubt it!!

    NotRichAtAll - Please don't make assumptions because you make an !!! out of yourself

    I was not looking for any form of pirated or cracked version - I had gone onto google and looked for a site listing & reviewing reputable and good backup software & I would have been more than happy to pay should I have known beforehand. However if I had known beforehand then I would simply have chosen another program that was not going to cost me any money (and be completely legal).

    Please don't just make assumptions that because someone downloads something they were looking to use it illegally because I am strongly against that.
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