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At 08:01 AM 10/27/97 -0500, you wrote:
>
>I recently bought a technical analysis software from what I believed to
>be a pretty reputable publisher. I paid for express delivery thru FedEx
>(against my strongest wishes) and because of bungling by FedEx, I received
>the package 2months after purchase. That's fine, since I did end up
>receiving the package intact. Now, the software comes with 30day money
>back guarantee - that was one of the reason I purchased it, in confidence
>that if I did not believe it to be what it claimed to be, I can send it
>back for a full refund. To be well within the 30 day period, I emailed
>the publisher after 3 weeks of trial that I'm not really satisfied of the
>product and that I would like to return it. They get back to me saying
>that the 30 day trial started on the day it left THEIR office. So they
>are telling me that the 30 day trial period ended 1 month BEFORE I
>actually received the product. They seem to be quite unwilling to refund
>my money.
>
>The question is: are there any government authorities whom I can approach
>to have this matter resolved? Where I live, there are government
>departments called "Office of Fair Trading". I can prove my receipt date
>by simply going to the post office (since I had to sign for it) as well as
>approaching FedEx (since they didn't release it from the post office a few
>days prior to my actual receipt).
>
If you paid for it with Visa or MC, the seller had to sign an agreement that
he would honor any chargebacks. Send a copy of your correspondence and
receipts to Visa or MC and ask them to reverse the charge. They will do so
even if the seller was not within 100 miles of your location. It all hinges
upon the fact that the agreement with Visa and MC forces the seller to
accept a backcharge. I had one where the seller sent me a check for an
amount that was less (by freight)than the original charge; and when
reconciling, I did not recognize the refund. I wrote MC and they reversed
the charge. After some correspondence, I realized that I had received the
money and I ended up sending a new check to the seller, because the MC
people could not reverse the reversal. I could have stonewalled the seller
and never have paid for the product that I returned and could have put the
seller's money in my pocket if I had been willing to do that.
Just be sure that you buy anything with warranty using Visa-MC, and you can
relax.
Consider Practicing Random Kindness
(Read RAK's in Reader's Digest May 1992)
Roy C. Sampley
rsampley@xxxxxxxxx
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