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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38064
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I coantacted a Tax Preparation software provider online to

Resolved Question:

I coantacted a Tax Preparation software provider online to inquire about cancelling an order I have not yet received (paid for back in August). Given three different timeframes for when s/w would be delivered. The license Agreement states that if Licensee has not previously signed a copy of this agreement (which I signed electronically) and does not agree to the terms, immediately return the Licensed Program(s) to Licensor in their original packaging for a full refund. I have looked over the agreement,a nd have not seen anything about a 72 hour cancellation policy. I have not received the software program(s) to date. The response I received was as follows: Refunds Today has a 72 hour cancellation policy. Since you ordered the software in late August, you are outside of the cancellation policy. You have also completed your Office Information Request which has initiated our shipping department to ship your software. It is already in queue to be shipped and should arrive within the next 7 – 10 days. What can I do about this situation. I would really like to go with another company. Do I need to forfeit my money already paid?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Just to be sure, did you fully pay for this software already?
Customer: replied 3 years ago.
Yes, I did.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

One more follow-up question. Was this a "pre-order" or an actual order of the software?
Customer: replied 3 years ago.

I found my copy of the Licence Agreement, and there is a 72 hour cancellation clause, which I electronically signed. But, how can that be legal when you have not received a product yet?

 

I'm assuming it was a pre-order (not sure). It was stated that it would be delivered in November. Now, looks like sometime in December.

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Unfortunately legally they are able to hold you to such terms. Here is why.

There is no automatic right of rescission either under California or Florida law. The only right to cancel is what the other contracting party provides you. Since it appears that they do not permit cancellations, while in the long term for them it may be bad business, they are most definitely legally free to do so.

You can, however, try to get around their policy. Consider telling them that since they did not yet fulfill their contract, they are in violation and in breach, and if they fail to return your money, you will pursue them in small claims for damages. Second, you can also threaten to go to the BBB and make a formal complaint against them. SInce companies very seriously want to maintain a good reputation online, they very well may simply give you back your money as a means of keeping you silent.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 7:52 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38064
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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