Market Dispute - Legalities???

So, I have a template / module that is currently under dispute as 'in my opinion' it is absolutely not as advertised.

This has been approached in the suggested manner according to Boonex - direct contact with vendor to try and resolve, if not resolved then file dispute in official dispute forum. This is currently in process.

 

However... i am confused as to why the product has now been removed from my account, while the dispute is still open.

Currently the vendor has accepted my money and is avoiding refunding despite them admitting that the product is not as advertised - as they are asking for several weeks in order to complete the products development so that it matches the market listed features.

Now - the product has also been removed from my shopping history.

 

I do not know if Boonex have removed it, or the vendor has - but I would very much like to know who did as I was not informed of this action in any way - nor have I agreed to it in T&C as listed on use of Boonex market  / Dolphin.

 

This throws a question into the legalities of how disputes are being handled.

I work in retail, both on the high street and online - in a local and industry level.

My understanding is that - in regards to an online purchase for 'virtual goods' - if a buyer has a dispute and the vendor rejects a refund - then the buyer is still legally the owner of purchased goods.

Where the goods are held in an online 'account' for repeated download purposes or sales history, the vendor should have zero access to remove the goods from the buyers account post purchase.

At this point the retail platform (boonex) are solely responsible for the control over the purchased goods being made available in the buyers account until a resolution is found (refund / part refund / exchange / mutual agreement or decision against buyer). This is the case despite anything written in terms and conditions as there are laws in place to protect buyers and vendors in these situations.

 

So, I would like to know who has removed the goods from my account while the case is still open, and why I have not been notified of this as it potentialy creates a legal situation should the vendor continue to ignore requests for a refund...

 

Boonex - over to you :-)

Quote · 5 Mar 2016

Boonex - please can you let me know 'who' has removed template Mastero by Bsetec from my account and why.

Bsetec have my money for the template, and I hadbeen giventhe template which was then disputed for a refund (reasons in the dispute thread).

However, someone has since accessed my account, removed my goods (I have purchased this and untilt refunded it should remain in my account) - without my permissions and without informing me.

 

All I want to know is was it Boonex or was it Bsetec who hasdone this - and why.

Quote · 6 Mar 2016

If you filed a Paypal dispute, the licence is automatically revoked. If you did not file a paypal dispute then the Developer would be the one that has terminated your license. Boonex does not interfere in this process in any way.

Paypal email is jeromemingo@gmail.com - http://www.boonex.com/market/posts/modzzz
Quote · 6 Mar 2016

hmm..So If a vendor go rouge ..its better to keep a copy of module in some safe place or may be take screen shots of your purchase history. so you can show it to boonex .  you paid for it any way.

Umar Haroon
Quote · 6 Mar 2016

You will have to wait until Monday, Boonex offices are closed on the weekend.

Geeks, making the world a better place
Quote · 6 Mar 2016

Technically speaking, almost every 'digital download purchase', is actually a 'lease'. 

This includes music, movies, software, books, video game, etc, downloaded from anywhere.

highartsculptures.com.....your favorite new site
Quote · 7 Mar 2016

 

'digital download purchase', is actually a 'lease'.

 In the words of Bernd Appleby  CEO of TERiX

"It’s time for customers to reassert their position in the business ecosystem. To reassume control over the products they buy. To retain the power to care for their purchases in ways that protect them and the product — not the company that made it. This includes insisting that the right to self maintain be written into the purchase order terms.

Otherwise we risk becoming willing participants in a new digital age that stifles innovation, competition and our freedom to control the things we buy that are supposed to be working for us — not the other way around."

Quote · 8 Mar 2016

https://www.boonex.com/forums/topic/Template-Mastero.htm

Rules → http://www.boonex.com/terms
Quote · 8 Mar 2016

 

 

'digital download purchase', is actually a 'lease'.

 In the words of Bernd Appleby  CEO of TERiX

"It’s time for customers to reassert their position in the business ecosystem. To reassume control over the products they buy. To retain the power to care for their purchases in ways that protect them and the product — not the company that made it. This includes insisting that the right to self maintain be written into the purchase order terms.

Otherwise we risk becoming willing participants in a new digital age that stifles innovation, competition and our freedom to control the things we buy that are supposed to be working for us — not the other way around."

 I won't comment about terix or their capabilities, but will point out that the words used there are the words used by those who don't affect change. Here in the US we still have Contract Law, and that law needs to be asserted to get what you want to get. I keep copies of most digital downloads on a system that never gets connected; thus files can never be removed, until citizens get access to electrical line transmission. 

I live in California, and our law states that every citizen has a right to change any contract. If things bother someone, get a physical copy, change it, submit it, and hope it is accepted. I have yet to have one rejected, but I also only change small things to tilt it in my favor, and I seriously doubt any lawyer ever reads it. I also use things without ever agreeing to a contract, since most companies just activate it when you call and demand a physical contract.

I hope this issue gets settled sooner rather than later.

highartsculptures.com.....your favorite new site
Quote · 8 Mar 2016
 
 
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