We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Software4students

Hi

I would like to point out this term from software4student.com

When you buy any downloads from them, you agree to the following

4.20 In relation to digital download software, the Consumer Protection (Distance Selling) Regulations 2000 ('Regulations') give consumers the right to cancel orders for downloaded products or services during the period of seven working days after the day on which provision of the product or service being provided commences. However, under the exceptions to these Regulations, you agree that this right of cancellation does not apply. This enables Software4Students to prevent illegal distribution and/or reproduction of digital download software which is a significant problem that hurts Kaspersky and other vendors.

So essentially, they are making us agree to an unfair term and even if something doesn't work for you, you cannot ask for a refund.

I bought a software that wasn't compatible with my laptop. It made my laptop unable to start in normal mode and I went through a lot of trouble trying to uninstall it in safe mode.

Since I refuse to go through with using the license that I paid for, I emailed them for a refund.

That was when I found out about this unfair term. And I also read that others had similar experience from this retailer.

There could be many more retailers like them-so always read the terms and conditions.

I will tell my bank about it and see what they will do.

Spread the word

Jessie
«13

Comments

  • Collabora
    Collabora Posts: 1,360 Forumite
    the Consumer Protection (Distance Selling) Regulations 2000 no longer exists as of 13 June 2014 it was replaced by the new Consumer Contracts Regulations.

    But they are right in that Software is not covered

    http://www.which.co.uk/consumer-rights/problem/can-i-cancel-an-online-order-

    with downloads is once you download it you also waive the right to return
    Cancelling a download
    Digital downloads are given their own unique category and are therefore not services or goods.
    A digital download is classed as data which is produced and supplied in digital form. For example, an eBook, Apps and online films.
    If you want to download something within 14 days of buying it, you will have to give your consent to waive the 14 day cooling-off period.
    If you don’t give your consent, the 14 day cooliong-off period still applies but you won't be able to download your digital content until this period has ended.
    This is to prevent you from changing your mind after you have download content.
  • gunte
    gunte Posts: 184 Forumite
    Seems to be well stated

    FAQ
    What is your refund policy for download delivery option?
    We are unable to refund software once it has been purchased as a download option. This no refund policy is in accordance with paragraphs 3.92 to 3.95 'IT consumer contracts made at a distance: Guidance on compliance with the Consumer Protection Act and with the Distance Selling Regulations (DSRs) 2000. Further information is available at https://www.oft.gov.uk.
    Software4Students as an authorised reseller is required to prevent illegal distribution and/or reproduction of digital download software.
    Please ensure you have purchased the correct software prior to any download purchase, as no exceptions are allowed.

    On order form

    This official Kaspersky software is provided as a digital download only.

    Please Note: for this special download offer no refunds are available - read details in the System Requirements' section.
  • Collabora
    Collabora Posts: 1,360 Forumite
    edited 28 January 2015 at 11:26AM
    gunte wrote: »
    Seems to be well stated

    FAQ
    What is your refund policy for download delivery option?
    We are unable to refund software once it has been purchased as a download option. This no refund policy is in accordance with paragraphs 3.92 to 3.95 'IT consumer contracts made at a distance: Guidance on compliance with the Consumer Protection Act and with the Distance Selling Regulations (DSRs) 2000. Further information is available at https://www.oft.gov.uk.
    Software4Students as an authorised reseller is required to prevent illegal distribution and/or reproduction of digital download software.
    Please ensure you have purchased the correct software prior to any download purchase, as no exceptions are allowed.

    On order form

    This official Kaspersky software is provided as a digital download only.

    Please Note: for this special download offer no refunds are available - read details in the System Requirements' section.

    but that means nothing as the Consumer Protection Act and with the Distance Selling Regulations (DSRs) 2000 no longer exists so cant be acted upon as how can it be in accordance with paragraphs 3.92 to 3.95 of an act that does not exist.

    but read my previous post under the Consumer Contracts Regulations. Downloads can be returned and refunded as long as they are not downloaded within the first 14 days
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    gunte wrote: »
    Seems to be well stated

    FAQ
    What is your refund policy for download delivery option?
    We are unable to refund software once it has been purchased as a download option. This no refund policy is in accordance with paragraphs 3.92 to 3.95 'IT consumer contracts made at a distance: Guidance on compliance with the Consumer Protection Act and with the Distance Selling Regulations (DSRs) 2000. Further information is available at www.oft.gov.uk.
    Software4Students as an authorised reseller is required to prevent illegal distribution and/or reproduction of digital download software.
    Please ensure you have purchased the correct software prior to any download purchase, as no exceptions are allowed.

    On order form

    This official Kaspersky software is provided as a digital download only.

    Please Note: for this special download offer no refunds are available - read details in the System Requirements' section.

    It probably is well stated but it has to be wrong given that the DSRs no longer exist. They really should update it to quote the relevant section of the CCRs.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Wrong forum for this, but ........ if the software is faulty (i.e. it doesn't work, but not just because your PC can't cope or you ordered the wrong type) then SOGA trumps the CCRs anyway.

    However, it is unlikely the software just "doesn't work" ... there's usually a good other reason. (e.g. downloaded Mac version for a Windows PC; downloaded 64-bit version for a 32-bit machine, etc.). In such cases the no refunds clause is valid.
  • Hi Guys

    Really appreciate your comments and research.

    Technically, I paid for a license to use Kaspersky. Anyone can download a trial version from their main website and try it for 30 days.

    I did that but unfortunately, I didn't realise the 30 days trial begin as soon as you download it.

    I have been using Kaspersky 2012 until recently when I was due to renew and get a new license.

    The trial version worked fine. The license bought from software4students worked fine. It was valid.

    However, after shutting it down. I could no longer start my computer in normal mode and had to remove it via safe mode.

    Hence, I requested for a refund. I was even willing to do a part refund, given that I had used the license for one day.

    I'm sure the company (Kaspersky) has ways of disabling this license code once the customer decides it's not right for him/her.

    The license cost me £35 and I count myself lucky.

    What if it had happened to those who paid even more?

    I feel that it's only fair that we are allowed to cancel the purchase if we are not satisfied with it.

    Whether we receive a physical item or a "virtual good"

    Thanks,

    Jessie
  • Collabora
    Collabora Posts: 1,360 Forumite
    why removed Kaspersky, all you do is update the key and then you can update the software from your KIS control panel.

    but as CCR
    Cancelling a download
    Digital downloads are given their own unique category and are therefore not services or goods.
    A digital download is classed as data which is produced and supplied in digital form. For example, an eBook, Apps and online films.
    If you want to download something within 14 days of buying it, you will have to give your consent to waive the 14 day cooling-off period.
    If you don’t give your consent, the 14 day cooliong-off period still applies but you won't be able to download your digital content until this period has ended.
    This is to prevent you from changing your mind after you have download content.

    Also digital goods are not covered by SOGA
    digital products are not considered "tangible goods", so while consumers on the high street are protected by the Sale of Goods Act if their purchase is not of satisfactory quality, fit for purpose or as described, people buying digital goods online are not protected.
  • Hi

    I phoned up the Kaspersky helpline 02035493495.

    The engineer said that new license codes only work for the current version or the year before that.

    Hence, my old 2012 version has to be removed and I had to reinstall the new 2015 version.

    According to him, there are still many teething problems. Mine is probably the first of many.

    So I urge people to try the trial version before buying the license.

    And before buying any downloads, always read the terms and conditions.

    Having a free trial period is necessary to make sure the software is compatible with your current system.

    Software4students just replied to me saying they have put in a request for a refund.

    Ironically, I design financial literacy test questions for young people. This will make it into one of my test item bank :)

    Jessie
  • Collabora
    Collabora Posts: 1,360 Forumite
    edited 28 January 2015 at 4:34PM
    Strange i use Kaspersky and have since they started in 1997 and have never removed it, i have always upgraded from the KIS control panel which has generated the latest version and just updated the licence key.

    are you using Kaspersky Anti Virus or Internet Security
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above though never used a trial always free or cheap .
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.5K Banking & Borrowing
  • 254.1K Reduce Debt & Boost Income
  • 455K Spending & Discounts
  • 246.6K Work, Benefits & Business
  • 602.9K Mortgages, Homes & Bills
  • 178K Life & Family
  • 260.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.