My rights for software purchase

Allan87

I've purchased a Windows 7 upgrade from DigitalRiver which is essentially a custom link to a download site for the software but have since had a computer bought for me with Windows 7 preinstalled so have not needed to install the upgrade on my existing PC. I contacted the company about a refund and they responded with a quote from some FAQ "What is your refund policy? There are no refunds for the “Windows 7 Student Promotion”." - does this mean I am not protected by the distance selling act?

4743hudsonj

Allan87 wrote: »

I've purchased a Windows 7 upgrade from DigitalRiver which is essentially a custom link to a download site for the software but have since had a computer bought for me with Windows 7 preinstalled so have not needed to install the upgrade on my existing PC. I contacted the company about a refund and they responded with a quote from some FAQ "What is your refund policy? There are no refunds for the “Windows 7 Student Promotion”." - does this mean I am not protected by the distance selling act?

software is excluded from dsr

however, i dont codone this but im peeved at the situation i had so ill nudge you, follow my username to my profile and look for threads ive started, look back to one called "how ms stuffed up win 7" or something along those lines

regards an error anybody but the very techie could solve when upgrading, maybe you could read the post, and call digital river repeating the symptoms etc

they were forced out to dish out thousands of refunds for this fault, you may too be lucky. if not tough luck im afraid

DSR excludes software(includes any oem software once activated or any non oem software) and hygene risk items among others.

neilmcl

4743hudsonj wrote: »

DSR excludes software

DSR does not exclude software, only in which the software has been unsealed. In this case there is no physical purchase, only a link for a downloaded version. In this case it may be argued that it should be treated like an mp3 download in that it should be regarded as a service.

The_Pedant

The terms for paid for downloads usually state that a refund cannot be given once the download has started. Once you have downloaded it, there is nothing to stop copies being made etc. You will not therefore be able to return it at this point.