Legal Question in Consumer Law in Virginia

Online Software Purchase

I recently purchased what was described as ''Full Retail'' software online. When it arrived in the mail, there was only a plastic DVD case with the disks inside - no box or manuals. I suspected it may be OEM software, meant to be sold only with complete computer systems. I contacted the software maker (a large, well known company). They checked the serial number and informed me these disks were only to be sold with laptop computers in the Asia/Pacific region. They then asked me to send them the disks, along with all invoices and email receipts, to be ''secured as evidence''. They also recommended I contact my credit card company to get my money back.

I've checked reviews for the vendor web site. There are others who have had similar experiences, but when they returned the software to the vendor, their money was promptly refunded. I'm currently out $600 and need to purchase a legitimate copy now, but it will be difficult to impossible without my $600 back first. Am I legally required to send this off to the software maker? I doubt the vendor will refund my money if I tell them their software has been sent to the software maker for evidence against them. They'll probably just say they accidentally sent me the wrong disks.


Asked on 12/06/07, 11:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Online Software Purchase

Return the software to the vendor with a request for a refund of your purchase price. If for any reason such is not forthcoming, then put the matter in contest with your credit card issuer.

I see no legal obligation on your part to send this merchandise on to the software's alleged original fabricator.

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Answered on 12/09/07, 7:39 pm


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