I wan't my money back!
August 12, 2008 4:27 PM Subscribe
Purchased software online (from an academic software retailer). Turns out the product description was inaccurate (left out major details). Now I'm having problems returning it. Do I have any recourse to get my money back?
I ordered the Vista Ultimate under the impression that it was a different version than was actually shipped (expected 64-bit and 32-bit, got 32-bit). Nowhere on the product page do they actually say that it is the 32-bit version only.
I attempted to install it thinking that perhaps the 32-bit only thing was a mistake (lead on by Microsoft saying that vista ultimate ships with both the 64-bit and 32-bit version -- (aside...for people who have vista ultimate retail, is it 1 dvd or 2 for the two versions?)).
As usual the store has a no unopened software policy, however, this software (as the academic, OEM version) shipped as a DVD in a sleeve which was in a sealed plastic bag (thus the only seal broken was on the plastic bag, which is presumably enough for it to be considered opened).
Even if that weren't a problem, customer service says they want a 15% restocking fee.
What can I do to get my money back?
I ordered the Vista Ultimate under the impression that it was a different version than was actually shipped (expected 64-bit and 32-bit, got 32-bit). Nowhere on the product page do they actually say that it is the 32-bit version only.
I attempted to install it thinking that perhaps the 32-bit only thing was a mistake (lead on by Microsoft saying that vista ultimate ships with both the 64-bit and 32-bit version -- (aside...for people who have vista ultimate retail, is it 1 dvd or 2 for the two versions?)).
As usual the store has a no unopened software policy, however, this software (as the academic, OEM version) shipped as a DVD in a sleeve which was in a sealed plastic bag (thus the only seal broken was on the plastic bag, which is presumably enough for it to be considered opened).
Even if that weren't a problem, customer service says they want a 15% restocking fee.
What can I do to get my money back?
Best answer: Did you put it on a credit card? If so, you can contest the charges with the credit card company. Sometimes even just threatening to do that will make the retailer think twice (since it costs them extra fees if the CC company actually goes through with the chargeback)
posted by meta_eli at 4:50 PM on August 12, 2008
posted by meta_eli at 4:50 PM on August 12, 2008
Just pay the restocking fee. You willingly ordered the product without full info and opened it and tried to install it.
posted by wongcorgi at 4:51 PM on August 12, 2008 [1 favorite]
posted by wongcorgi at 4:51 PM on August 12, 2008 [1 favorite]
Response by poster: Sorry, I'm in the US.
Yes, I payed with a credit card.
posted by NormandyJack at 4:52 PM on August 12, 2008
Yes, I payed with a credit card.
posted by NormandyJack at 4:52 PM on August 12, 2008
Response by poster: actually, I emailed them to verify that the product was in fact a "full version" prior to purchase. According to independent sources, a "full version" should include the 64-bit version and the 32-bit version.
posted by NormandyJack at 4:53 PM on August 12, 2008
posted by NormandyJack at 4:53 PM on August 12, 2008
Sell it for somewhere between what you paid and what they would give you back after the restock fee.
posted by deezil at 5:01 PM on August 12, 2008
posted by deezil at 5:01 PM on August 12, 2008
actually, I emailed them to verify that the product was in fact a "full version" prior to purchase. According to independent sources, a "full version" should include the 64-bit version and the 32-bit version.
Not true. Vista 64-bit is a totally different beast. I'm running it right now, and when I still had MSDN access, Ultimate came in two separate flavours.
posted by Dark Messiah at 5:08 PM on August 12, 2008
Not true. Vista 64-bit is a totally different beast. I'm running it right now, and when I still had MSDN access, Ultimate came in two separate flavours.
posted by Dark Messiah at 5:08 PM on August 12, 2008
Will they do an exchange? (Or do they just not even carry it?) It's easy to see why they don't want to refund your money: for all they know, you got what you wanted, installed it, copied the disk, and now you're trying to return the media for a full refund. But if you're trying to exchange it for a different one, it seems a lot less likely that you'd be doing anything fraudulent.
You might do well to contact Microsoft. Not only could they probably tell you whether the 32-bit only was "right," but if it wasn't, everything I've read is that they enjoy giving hell to less-than-honest resellers.
posted by fogster at 5:14 PM on August 12, 2008
You might do well to contact Microsoft. Not only could they probably tell you whether the 32-bit only was "right," but if it wasn't, everything I've read is that they enjoy giving hell to less-than-honest resellers.
posted by fogster at 5:14 PM on August 12, 2008
Response by poster: @deezil that'd be illegal...says so on the disk
@dark messiah Yeah, i know that's the problem. what I'm referring to is this statement from Microsoft "Note: 64-bit media is included in the box with Windows Vista Ultimate."
@fogster Nope, they don't carry a full 64-bit version (in the same price range), though an exchange would be fine if they did. Yeah, I agree its easy to understand the thinking behind no opened software returns. Thanks for the suggestion of talking to MS about less-than-honest resellers
posted by NormandyJack at 5:25 PM on August 12, 2008
@dark messiah Yeah, i know that's the problem. what I'm referring to is this statement from Microsoft "Note: 64-bit media is included in the box with Windows Vista Ultimate."
@fogster Nope, they don't carry a full 64-bit version (in the same price range), though an exchange would be fine if they did. Yeah, I agree its easy to understand the thinking behind no opened software returns. Thanks for the suggestion of talking to MS about less-than-honest resellers
posted by NormandyJack at 5:25 PM on August 12, 2008
Response by poster: and yeah, i do see elsewhere that the answer to "for people who have vista ultimate retail, is it 1 dvd or 2 for the two versions?" is 2
posted by NormandyJack at 5:33 PM on August 12, 2008
posted by NormandyJack at 5:33 PM on August 12, 2008
I don't know how much of the current issue is your own fault given the other comments, but if you're as entirely blameless as you profess to be, then maybe a website such as Consumerist could help.
posted by djgh at 6:14 PM on August 12, 2008
posted by djgh at 6:14 PM on August 12, 2008
Response by poster: I certainly deserve some of the blame, i could have done more research, sent a few emails and figured out that what they were selling was only the 32-bit version. I also should never have opened the sealed plastic bag, I know better than that.
However, the issue remains that the product description was inaccurate and incomplete.
posted by NormandyJack at 6:45 PM on August 12, 2008
However, the issue remains that the product description was inaccurate and incomplete.
posted by NormandyJack at 6:45 PM on August 12, 2008
For what it's worth, the actual boxed copy of Vista Ultimate (that you would buy in a store) contains two disks, a 32 bit version and a 64 bit versions. OEM copies only contain one disk (my guess is that OEMs would decide to either install the 32 or 64 bit version and don't need two disks).
posted by mge at 7:34 PM on August 12, 2008 [1 favorite]
posted by mge at 7:34 PM on August 12, 2008 [1 favorite]
Tell them that you do not agree with the EULA and want a full refund. I've heard some people have successfully returned opened software this way, but haven't tried it myself.
Next time, read the fine print and email customer service with any questions before you open any "non-returnable" items like software or games. That's what they're there for, after all.
posted by LuckySeven~ at 8:52 PM on August 12, 2008
Next time, read the fine print and email customer service with any questions before you open any "non-returnable" items like software or games. That's what they're there for, after all.
posted by LuckySeven~ at 8:52 PM on August 12, 2008
The retail version has 2 DVDs, 32 bit and 64 bit. OEM and academic versions only come in one flavour each, that's one of the reasons they're very much cheaper.
However, and this is a big however - each disc contains all versions of vista, at that bit level. The licence code is the same for both discs. If you can obtain a 64 bit vista disc, you can then perfectly legimately use your existing code to install the 64 bit version on the hardware you've already installed the 32 bit one on. Vista uses the licence code to determine what type of vista you've got, not the install media.
(OEM versions are single PC only, the other reason they're so much cheaper; the first time it's online activated, it's locked to that hardware profile and won't automatically activate for any other PC. Sometimes you can talk the microsoft online helpdesk into giving you an unlock code, sometimes not.)
posted by ArkhanJG at 1:25 AM on August 13, 2008
However, and this is a big however - each disc contains all versions of vista, at that bit level. The licence code is the same for both discs. If you can obtain a 64 bit vista disc, you can then perfectly legimately use your existing code to install the 64 bit version on the hardware you've already installed the 32 bit one on. Vista uses the licence code to determine what type of vista you've got, not the install media.
(OEM versions are single PC only, the other reason they're so much cheaper; the first time it's online activated, it's locked to that hardware profile and won't automatically activate for any other PC. Sometimes you can talk the microsoft online helpdesk into giving you an unlock code, sometimes not.)
posted by ArkhanJG at 1:25 AM on August 13, 2008
Also, bear in mind that there's something like 40 different versions of vista. Between home basic, home premium, business, enterprise and ultimate, then OEM, retail, retail upgrade, academic upgrade and bulk licences - it's a lot of choices. If you asked me if a version was the 'full' version, I'd assume you meant is a time-limited demo, or an otherwise restricted copy compared to the normal version. I wouldn't assume you meant 'do I get 32-bit AND 64-bit with that?'. Omission of information is generally not considered actionable unless it substantially alters the nature of the product. You thought you were getting the same features as the full price retail version (i.e. both discs) for a discount price; it turns out you were wrong. I'm sorry to say, but I think you're buggered.
I've yet to find an academic ultimate version at retail, only academic home premium upgrade, which leads me to suspect you actually bought an OEM version. The other possibility was you got a student version that was purchased as a bulk licence by the school, but then you should have got that free or near free.
If it was indeed OEM or bulk licence, then yes, you only get one disc. As a rule of thumb, unless the retailer actually specifies 64 bit, it's 32-bit, as that's what most people want, and almost all of what microsoft sell. AFAIK only ultimate retail and ultimate retail upgrade comes with both x86 and x64 in the box (and boy is it expensive), every other version is single disc, and usually 32 bit only.
You can contact microsoft, and get a 64-bit disc for a nominal fee, and use your existing code; or copy a friend's; or acquire one through other channels.
posted by ArkhanJG at 2:38 AM on August 13, 2008
I've yet to find an academic ultimate version at retail, only academic home premium upgrade, which leads me to suspect you actually bought an OEM version. The other possibility was you got a student version that was purchased as a bulk licence by the school, but then you should have got that free or near free.
If it was indeed OEM or bulk licence, then yes, you only get one disc. As a rule of thumb, unless the retailer actually specifies 64 bit, it's 32-bit, as that's what most people want, and almost all of what microsoft sell. AFAIK only ultimate retail and ultimate retail upgrade comes with both x86 and x64 in the box (and boy is it expensive), every other version is single disc, and usually 32 bit only.
You can contact microsoft, and get a 64-bit disc for a nominal fee, and use your existing code; or copy a friend's; or acquire one through other channels.
posted by ArkhanJG at 2:38 AM on August 13, 2008
Actually, now I think about it, my first comment contained a slight error - you don't get vista starter edition or enterprise on the retail discs, but you do get the rest of them - home basic, home premium, business and ultimate, and the N-versions (no media player for the EU). You can choose which version to install and enter the code later (making sure the two match!), or enter your code and it will pick the version you're licenced for automatically.
posted by ArkhanJG at 2:42 AM on August 13, 2008
posted by ArkhanJG at 2:42 AM on August 13, 2008
Inform your credit card company about what happened. They'll usually issue a charge back and deal with the merchant on your behalf.
posted by chunking express at 7:19 AM on August 13, 2008
posted by chunking express at 7:19 AM on August 13, 2008
This thread is closed to new comments.
If you're based in the UK, you should be able to get a full refund. Look up info on Distance Selling Regulations.
posted by seanyboy at 4:45 PM on August 12, 2008