Results 1 to 8 of 8
  1. #1

    Question Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    My question involves a consumer law issue in the State of: California

    When one purchases software when the authors and website are in China, what Law controls the transaction?

    I paid $100 for software to recover data from a broken cell phone. There was a free version, but it doesn't allow file retrieval and I knew I needed to retrieve the files. The website indicates their software will retrieve files from a broken phone. The website shows that the file list will be seen on the computer.

    I could never register the software - - - it gave an error on two computers. The phone would never connect even on the unregistered version.

    The authors can disable my software license as it "calls home".

    The company refuses to refund the $100, even though it was requested by me within 48 hours of purchase. They allege I should have tried the free version first before purchasing. I did not get any benefit.

    Does the website language control this problem, or does California Law give me some protection and rights?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Quote Quoting CaliforniaDriver
    View Post
    My question involves a consumer law issue in the State of: California

    When one purchases software when the authors and website are in China, what Law controls the transaction?
    Unless your contract specifies otherwise, it's almost certainly going to be governed by Chinese law because both the sellers and the site you bought it from are in China. Unless that seller does some kind of activity in California or has an actual location in California there wouldn't be any jurisdiction over the seller by California courts. Moreover, unless the seller has assets in the U.S. any judgment you got from a California court is going to be worthless anyway. You couldn't find a U.S. based software company or cell phone repair outfit that could fix this for you?

  3. #3

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Thanks. Time was of the essence because the battery charge was unknown. The company doing the charge is in Minnesota.... the USA. Could not find another software which (supposedly) could do what this software will do.

    Is there such a thing as Chinese Law ???

  4. #4
    Join Date
    Sep 2010
    Posts
    19,478

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    How did you pay? If you used a credit card, contact them.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Quote Quoting CaliforniaDriver
    View Post
    Is there such a thing as Chinese Law ???
    Yes, there is. It has laws that regulate business and contracts. Pretty much every country does. But those laws are different than law in the U.S. And litigating this in China would of course cost you more than the $100 at issue, and I have no idea how a Chinese court would rule on it. If you charged this on a credit card, you can try contesting the charge with the credit card issuer as flyingron suggested. Otherwise, realistically you're out of luck on this. That's the unfortunate risk you take when dealing with unknown sellers in foreign countries, especially those in Asia and Africa where the laws can be quite different and scams are pretty common.

  6. #6

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Quote Quoting flyingron
    View Post
    How did you pay? If you used a credit card, contact them.
    Brilliant idea. YES! The CC said that would issue me full credit and arbitrate against/with the seller. Given my five reasons, the Rep said it would result in a chargeback against the seller The CC (VISA) asked that I first try to settle with the USA charging agency before filing a dispute.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,604

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Quote Quoting CaliforniaDriver
    View Post
    The CC (VISA) asked that I first try to settle with the USA charging agency before filing a dispute.
    Do it quickly. There's often a deadline on filing a dispute with the CC company. Also read your cardholder's agreement to make sure you are following all the rules.

  8. #8

    Default Re: Purchased Software on Line. Did Not Work and Chinese Company Refuses Refund

    Quote Quoting adjusterjack
    View Post
    Do it quickly. There's often a deadline on filing a dispute with the CC company. Also read your cardholder's agreement to make sure you are following all the rules.
    Thanks. Deadline = 90 days.

    1. Sponsored Links
       

Similar Threads

  1. Online Services: Company Refuses Refund of a Digital Product Within the 30 Day Refund Period
    By Skatinima in forum Consumer Law
    Replies: 5
    Last Post: 12-08-2018, 08:54 AM
  2. Consumer Law Issues: Software Company Has Invalidated a Purchased License
    By clementina in forum Consumer Law
    Replies: 8
    Last Post: 09-19-2015, 07:01 AM
  3. Job Duties: Selling Software to the Company I Work For
    By UAMike in forum Employment and Labor
    Replies: 9
    Last Post: 08-24-2014, 12:43 AM
  4. Retailers: Refund Denied - Not Purchased Directly from Company
    By bink182 in forum Consumer Law
    Replies: 2
    Last Post: 04-29-2010, 04:37 PM
  5. Starting a Business: Commercial Software Company Wants To Incorporate Freeware Work
    By vortex2050 in forum Business Law
    Replies: 1
    Last Post: 04-20-2007, 12:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources