Software Code - Distance Selling Rights?

amsical

On a US based site paid $32.99 so around £20, to basically a purchase of a code to enter into my craft software so I have access to the upgraded version of it.

There was nothing in the confirmation email, receipt email, account creation email that had the code in it or told me where I could get it.

I have emailed them twice now and all they refer to is other products available on the site (which are digital downloads of files/pictures for this software) and don't answer my question.

All I want to know is do my distance selling rights come into play here because I'm not sure I trust them now. Do they still apply with a digital product and with it being a site based in the US?

Also they say in there FAQs because of 'the nature of the products' they don't do refunds, obviously that's because they are these craft images for this software but will this apply to the software upgrade code I was purchasing? And can they really do that?

I paid with Visa Debit.

wealdroam

UK Distance Selling Regulations are no enforceable against a US trader.

As you claim you have not received the thing, whether they are digital or not is not applicable.

earthstorm

Is it not in an account with the vendor.

but are you sure its a legit code, there are many sites on the net offering Window 7/8 , Photoshop etc. codes from $20. These sites are providing cloned/fake codes. I fell for one of these for Win 7 a few years back. lost mine, so saw one online using the microsoft name and paid $22. I got the code and all was fine then 6 months later my PC displayed the 'your not using a genuine licence' popup and nothing i could do to get rid of it. luckily i found my original code and added that

vuvuzela

amsical wrote: »

On a US based site paid $32.99 so around £20, to basically a purchase of a code to enter into my craft software so I have access to the upgraded version of it.

There was nothing in the confirmation email, receipt email, account creation email that had the code in it or told me where I could get it.

I have emailed them twice now and all they refer to is other products available on the site (which are digital downloads of files/pictures for this software) and don't answer my question.

All I want to know is do my distance selling rights come into play here because I'm not sure I trust them now. Do they still apply with a digital product and with it being a site based in the US?

Also they say in there FAQs because of 'the nature of the products' they don't do refunds, obviously that's because they are these craft images for this software but will this apply to the software upgrade code I was purchasing? And can they really do that?

I paid with Visa Debit.

No DSRs against companies not based in the UK.
Was this legitimate software ?
What's the name of the site ?

amsical

I checked out the site as much as I could before I bought from there and there were good reviews and seemed trustworthy but I'm starting to worry.

You can never be sure these things are legit but I felt like I'd done all I could to check it out. The discount on it wasn't a huge one either so it didn't ring alarm bells with me in that sense.

To be honest the whole thing is really confusing because now I've dealt with them the way they operate seems weird.

They offer these image file downloads but only give you a day to download them, then you have to pay another 50c if you're too late. This is what I was told in my email I got back about the software key but as it wasn't a file I didn't think it applied, I've had no reply telling me whether it does or not though.

The site is called misskatecuttables.com. It says you have to wait 24hrs, "but its usually much quicker" for this particular software code so I will give it some more time before I ask for a refund but what worried me is the response I got when I emailed them, it had no relation to the product or the question I'd asked.

Hopefully they're just very slow. I just wanted to know what my rights are, if any, if I don't get anything in the end. Fingers crossed they are reasonable and refund me, if not I'm out twenty quid but I suppose it's the risk you take.

amsical

Oh and yes the software I have that I want upgrading is legit.

earthstorm

this rings alarm bells as why hide their details as you have no idea where they are registered

http://whois.domaintools.com/misskatecuttables.com

Domain Name: MISSKATECUTTABLES.COM
Registrar URL: http://www.godaddy.com
Updated Date: 2012-07-05 18:42:39
Creation Date: 2012-07-02 23:17:36
Registrar Expiration Date: 2018-07-02 23:17:36
Registrar: GoDaddy.com, LLC
Registrant Name: Registration Private
Registrant Organization: Domains By Proxy, LLC
Registrant Street: DomainsByProxy.com
Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309
Registrant City: Scottsdale
Registrant State/Province: Arizona
Registrant Postal Code: 85260
Registrant Country: United States
Admin Name: Registration Private
Admin Organization: Domains By Proxy, LLC
Admin Street: DomainsByProxy.com
Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309
Admin City: Scottsdale
Admin State/Province: Arizona
Admin Postal Code: 85260
Admin Country: United States
Admin Phone: (480) 624-2599
Admin Fax: (480) 624-2598
Admin Email:
Tech Name: Registration Private
Tech Organization: Domains By Proxy, LLC
Tech Street: DomainsByProxy.com
Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309
Tech City: Scottsdale
Tech State/Province: Arizona
Tech Postal Code: 85260
Tech Country: United States
Tech Phone: (480) 624-2599
Tech Fax: (480) 624-2598
Tech Email:
Name Server: NS1.LUNAWEBHOSTING.COM
Name Server: NS2.LUNAWEBHOSTING.COM

wealdroam

amsical wrote: »

I just wanted to know what my rights are, if any, if I don't get anything in the end.

Frankly, the only rights you have are those that are part of US law, or maybe that particular State's law.
And I don't think there are many on this forum that are well versed in that.

amsical

That's what I was worried about, that I wouldn't really have a leg to stand on because its overseas.

Well I'll see what happens. It's my own fault, I'm usually ridiculously careful with this kind if thing so it's a lesson learned.

Thank you to all for your advice once again, you are fab on here.

agrinnall

As you paid with Visa debit you can initiate a chargeback on the grounds of non-receipt.

amsical

Thanks guys. I've had an email and they seemed to have actually read it this time. Fingers crossed my code is on it's way.
Thanks for the info though, really helpful if I don't get it or it doesn't work. Many, many thanks!