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fingersmuldoon
new user
Reg'd: Tue
Posts: 13
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I purchased software back in November of last year on the understanding that this software come website was fully functional. The pre-sales blurb that was advertised with this package stated that FREE tech support was also given.
I asked the correct questions prior to purchase. One of the questions asked was “Could I see a version, the same version, of this software that was up and running on the web.”
I was informed that due to previous client’s privacy rights; unfortunately I was not allowed access to the aforementioned, which I thought was understandable.
I duly purchased this software. Upon testing I found that the text editor plus many other problems existed within this supposedly tried and tested software.
I have now given this company, remember their tech support was free, over $550 dollars to put things right. The last payment I made was a curious one, as previously I received invoices prior to work/corrections being undertaken. This time I received a link to Paypal for a donation to be made of some $275 dollars. I made this donation/payment for further corrections on the 2nd of February. I was told it would take a maximum of ten days for all corrections to be made. Nothing has happened at all. I have e-mailed this company many times and contacted them through their eBay outlet where I originally purchased this software. No return e-mail. For the record they are an American company. My question is, and I think I’ve been stitched up is there an ombudsman I can go to regarding my plight. Just want the work done.
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Joe_London
HijackThis Helper
Reg'd: Tue
Posts: 10701
Loc: London
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I think we need more information on this to be able to advise you.
Quote:
I purchased software back in November of last year on the understanding that this software come website was fully functional.
What action have you taken so far to recover your money?
Can you post a link to the seller and also their WebSite if they have one?
Quote:
The pre-sales blurb that was advertised with this package stated that FREE tech support was also given.
I asked the correct questions prior to purchase. One of the questions asked was “Could I see a version, the same version, of this software that was up and running on the web.”
What was the Software in question? What is it for?
Quote:
I was informed that due to previous client’s privacy rights; unfortunately I was not allowed access to the aforementioned, which I thought was understandable.
I don't understand that, what privacy rights?
Quote:
I duly purchased this software. Upon testing I found that the text editor plus many other problems existed within this supposedly tried and tested software.
I have now given this company, remember their tech support was free, over $550 dollars to put things right. The last payment I made was a curious one, as previously I received invoices prior to work/corrections being undertaken. This time I received a link to Paypal for a donation to be made of some $275 dollars. I made this donation/payment for further corrections on the 2nd of February. I was told it would take a maximum of ten days for all corrections to be made. Nothing has happened at all. I have e-mailed this company many times and contacted them through their eBay outlet where I originally purchased this software. No return e-mail. For the record they are an American company. My question is, and I think I’ve been stitched up is there an ombudsman I can go to regarding my plight. Just want the work done.
Can you give us a breakdown of the cost here, how much was the software to purchase and how much have you paid to them for additional work in rectifying the faults?
Why did you pay them to put right their own faulty software?
How did you pay for this?
Have you contacted EBay to make a complaint?
Ebay may help you, are you insured? I doubt if they will help you with any private transactions you may have made direct with the seller.
Did you pay by credit card? if so have you sought to recover your money through them?
Joe.
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fingersmuldoon
new user
Reg'd: Tue
Posts: 13
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I’ve taken no action against the developers whom are the sellers of this software.
I have politely e-mailed both the seller on eBay whom I purchased the software from and their Tech Support whom are supposed to be making the corrections.
I have made payment’s, in the past, as explained in my opening forum message to this company; they duly carried out the corrections, but not to the specification I expected, also when I say “THEY” carried out the corrections, there was Chinese language characters in the amended coding and therefore webpage, where English characters should have been. My train of thought here is that the work/corrections were sub-contracted out.
There is a paragraph in their tech support web page which states something like: any offensive or abusive e-mails from clients, then clients’ accounts will be closed and their ISP blocked. Which indicates past problems and is a Get out of Jail Free Card for them. So you can understand why I’m not doing the Mexican hat dance all over them
You have asked for direct link, which I’ve given you. I am a big fan of webuser magazine and have been a reader since the first editions. I hope I am not breaking any rules by submitting what was asked for below, if so please remove only the direct links, and accept my deepest apologies
EBay Tag: super-bargins
Website/tech support: www.super-bargins.com
Software v10 Auction website
Privacy rights of the clients whom purchased this software? I guess.
Cost price of software was around $57 dollars the other $500 was for corrections the bulk of which was the last payment I made for which said corrections have yet to be implemented
I’ve also paid a British developer whom is part of the team which runs my other websites, for improvements to this site around £140 pounds. Their work was excellent and completed in good time with plenty of communication.
The auction site in question is online at the moment but, as stated not fully functional as there are around 5,000 corrections to be made to the category sections, of which I’ve already made some 14,000 corrections to.
You asked why pay them for the work? I could not see another option as the coding uses some sort of cheat sheet. I also like to see things through once I’ve committed myself to a project.
I have not contacted eBay to complain, as I am holding out for another week or so; my glass is always half-full.
I made all payment directly from my paypal account to their paypal account.
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Joe_London
HijackThis Helper
Reg'd: Tue
Posts: 10701
Loc: London
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So to recap, you bought some software on Ebay for $57 approximately which doesn't work. You are entitled to ask for that money back as the software isn't as advertised e.g. it doesn't work. I'm not a regular Ebayer so I'm not sure whether this is time restricted. It may well be. I do know that Ebay strongly advise buyers not to enter into private purchases with sellers and if you do its at your own risk. So the only thing you can do is ask for your money back and report it to Ebay if its not forthcoming. I also understand there is a cooling off period in some US States so you may have some recourse to law that way but I suspect that is also time limited.
From what you say its unlikely you will ever get this software to work or recover this money but there is no harm in trying.
You may be able to get advice from regular more experienced Ebayers here:
http://www.webuser.co.uk/forums/postlist.php/Cat/0/Board/ebayhelp
Joe.
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fingersmuldoon
new user
Reg'd: Tue
Posts: 13
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Thanks Joe, I will get the software to work. I’ll just have to use my English developers to do so. The issue as far as I’m concerned was to do with the legality of developers taking payment and not completing the work tasked for.
Just wish to know if there is some sort of ombudsmen or arbitrator one can go to when the work you’ve paid for isn’t completed.
I do not see this as an eBay issue. I see it as a customer/client to developer issue which I wish to resolve.
Paul
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Joe_London
HijackThis Helper
Reg'd: Tue
Posts: 10701
Loc: London
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Hi Paul.
Quote:
I will get the software to work. I’ll just have to use my English developers to do so.
I wish you luck and caution against spending more money.
Quote:
The issue as far as I’m concerned was to do with the legality of developers taking payment and not completing the work tasked for.
Just wish to know if there is some sort of ombudsmen or arbitrator one can go to when the work you’ve paid for isn’t completed.
I do not see this as an eBay issue. I see it as a customer/client to developer issue which I wish to resolve.
The short answer is none that I'm aware of. The problem you have here is the developers are based outside British legal jurisdiction. You would have to seek legal advice within the US State in which they operate from to see if this is covered by the laws of that State.
I'm not even sure there is any criminality involved here, from what you've told me so far it may well just be a civil matter.
In any event I suspect it would cost you more money to pursue so my advice is to cut your losses unless you can recover something by the methods I've already suggested.
Joe.
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fingersmuldoon
new user
Reg'd: Tue
Posts: 13
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Many thanks Joe,
Looks like I'll just have to sit tight and see what the outcome is.
My only other option is Paypal protection which is something I'll look into.
Many thanks for the super-fast response.
Kindest regards
Paul
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