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I have bought a product on line that requires an access code.

I bought it on Tuesday...

I have bought a product on line that requires an access code. I bought it on Tuesday and on Wednesday advised that I did not want it and asked for a refund. Was told this wasn't possible as the product is not faulty. I cannot get the product to work without buying an add on. I don't want to proceed with it, but have been told bad luck. Do I have any rights?

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Answered in 6 minutes by:

3/19/2010

Solicitor: Peter G., Solicitor replied 13 years ago

Peter G., Solicitor

Category: Australia Law

Satisfied Customers: 767

Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.

Verified

Can you tell me what sort of a product it it; and why you have to buy another product to make it work.

Customer reply replied 13 years ago

Hi Peter, I am embarrassed to say that it is from spousbusters.com.au and is a mobile phone tracking device. Firstly, I don't want to go thru with it and secondly because of the phone it is being put onto and the firewall associated with it, it won't work without me buying a prepaid sim and adding the software to that. I don't want to go thru with it for a couple of reasons, but am advised that it is too late. The response was as below:

Hi Samantha,

I tried to call you on your land line and left a voice message earlier today.

I am sorry to hear about your personal situation. Unfortunately, once we issue a code in a particular customer's name, we cannot reuse that software to then resell onto any other customer. Also, the 12 month expiration starts to tick down. The software is therefore non-returnable and non-refundable. If there is a problem with the software, we would be more than happy to assist you in rectifying the problem but in this case, the software works as intended and there is no problem with the software. We unfortunately cannot be held responsible for a change of mind after purchase.

After our previous conversation, you were going to obtain another SIM card to insert into your target phone which would allow you to install the software without problem. I recommend and encourage that you still do this and achieve your original objective in this matter.

Please do not hesitate to contact me at anytime to discuss.

Solicitor: Peter G., Solicitor replied 13 years ago

Don't be embarrassed.

I'm still not sure I understand the product. The Trade Practices Acts, State and Federal, are all pretty much the same, and only provide for refunds in specific cases. Usually if the product is faulty, as I'm sure you know. The product is not faulty, so the protection this legislation offers will very likely not be of any help to you.

But there is an indication that the product may not have been described properly, regarding the need for additional materials/products. Do you think you were deceived about what you were actually buying?

And please tell me how much was involved, in dollar terms, please.

Customer reply replied 13 years ago

Hi, it was $1900. :( A heck of a lot of money and I hope that you have picked yourself up off the floor and are not shaking your head too dramatically about a stupid woman!

No - I wasn't deceived with respect to the product and yes, I am sure it probably works. However, I need to buy a sim card because the product goes onto the actual hand set and the current sim card blocks any access. I have realised that I don't want to stoop to checking up on my husband. It's not going to fix anything. The fixing starts with communication. Sounds as though I'm stuffed though really!

Solicitor: Peter G., Solicitor replied 13 years ago

Ouch! I think you're on the way to redemption anyway with your acceptance of the situation.

I suspect that somewhere on the Web site there is an explanation of exactly what is needed to get this product on the road. And therefore probably no deception. Therefore, no trade practices remedies.

I don't think you have any legal remedy. This is not to say you can't persuade the vendor to do something for you. I think probably the best you can do is to throw yourself at their feet and beg for some creative solution. They are responsive, judging by their email to you. Can you talk to them on the telephone? If you are as honest with them as you have been with me, something might happen. Is there any other product you might be able to exchange for it that they sell? (I don't hold out much hope). Can you tell all to you husband, and get him to pay for it? Can you sell it on to someone else? eBay?

I think the best way of dealing with the situation is to have a conversation - if you can get face to face, you will likely maximise your chances. You clearly have an engaging or should I say honest personality, and this may be you best asset/chance here. Best of luck. But I don't think I can be of further help. I have a quick look at the Web site - at least I now know these products exist. Don't tell you husband about TigerTalk (app for the iPhone!).

Peter G., Solicitor

Category: Australia Law

Satisfied Customers: 767

Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.

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Peter G. and 87 other Australia Law Specialists are ready to help you

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Customer reply replied 13 years ago

Now you are making me laugh! thanks for the update and for the refreshing honesty. I have tried talking and it didn't work. Yep, I know about TigerTalk. Ah well. Lesson learned. Have a good day.

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