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online software company - outside eu - refund?

Hi,

I wonder if anyone can help.

We tried a calendar maker software online demo and it seemed good, the save facility was disabled and upon purchasing the software (they sent up the key code to unlock it)
we found it had some major flaws when saving. We could only find this out upon purchasing. We asked for a refund within the 7 days but they have flatly refused. See emails below.

Do I have any grounds for a refund or am I just stuck here?


==============================

Please note that you ordered try-before-you-buy software. You had 30 runs to evaluate it. In addition European law is not applicable to non-EU companies.

AMS Soft
Support Team


Hello,

We provide full refund of your payment only in the following cases:

1. When you stably encounter an error which is preventing you from using our software properly, and if we are not able to correct the error within an acceptable period of time or are unable to suggest a temporary solution.

In this case refund is only given if you provide detailed information about your error, requested by our support staff, such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.

2. When you experience hardware incompatibility issues (our software does
>> not support your hardware, e.g. - capture card or DVD Drive) that prevents you from using our software properly and we are unable to eliminate the incompatibility within an acceptable period of time or suggest a temporary solution.

3. When you accidentally bought the software more than once. And what is more, we plan to add the features that your described to the next versions, so you will enjoy enhanced software using free update!

>> AMS Soft
>> Support Team

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you not get a refund because it doesn't work?

    Their points 1 and 2 seem to say you can, if they cannot overcome the problem.
  • Yes thats the one. They are steadfast that I am not allowed a refund, however what are my rights? I did think that i would be entitled to my money back if it was within the 7 days, but they say they are not an eu based company, i don't know where they are from. I never found any terms and conditions on their site although I may have missed them.

    I appreciate your help.
  • hairy_g
    hairy_g Posts: 340 Forumite
    Yes thats the one. They are steadfast that I am not allowed a refund, however what are my rights? I did think that i would be entitled to my money back if it was within the 7 days, but they say they are not an eu based company, i don't know where they are from. I never found any terms and conditions on their site although I may have missed them.

    I appreciate your help.

    Unfortunately I think you've got no chance of your money back:
    From Whois:

    Domain Name: AMS-PHOTO-SOFTWARE.COM

    Registrant:
    N/A
    Alexey Meleshnikov (0b160823853eef4.png@yandex.ru)
    Kotoroslnaya naberegnaya str.
    Yaroslavl
    Yaroslavskaya oblast,150014
    RU
    Tel. +920.1046567

    They appear to be based in Russia.
  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You have no rights(consumer rights that is) I'am when it comes to anywhere out of the UK
  • Ohh thats a real shame, thank you so much for finding this out for me. I didnt realise they were in Russia. ahh well never mind. It was worth a try.

    Thank you! : )
  • gordikin
    gordikin Posts: 4,422 Forumite
    Click on the 'Thanks' button if you feel you've been helped?
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