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  • Legal rights of buyer of counterfeit software

    I recently bough software at a substantial cost which turned out to be counterfeit. At the time of the transaction the seller had more than 100 positive ratings with no "red flag" warning of the pending fraud whatsoever.
    Upon receipt I verified the software with Adobe who declared it as counterfeit.

    What are my legal rights as a BoB user in such instance?

  • #2
    Your rights are protected under the law of the country. Please send all the details and proof through to communitywatch@bidorbuy.co.za, we can then get feedback from Adobe. The seller will have to refund you if the items are not authentic. If they do not, you can proceed with a civil case or small claims court.

    Kind regards
    Cuan

    Comment


    • #3
      Originally posted by qball View Post
      Your rights are protected under the law of the country. Please send all the details and proof through to communitywatch@bidorbuy.co.za, we can then get feedback from Adobe. The seller will have to refund you if the items are not authentic. If they do not, you can proceed with a civil case or small claims court.

      Kind regards
      Cuan
      Thank you for your response.

      1) I did report the matter to the community watch.
      2) How do I take a gmail account to court? Surely BoB has an obligation towards buyers to ensure that a reasonable amount of info about a seller is available for exactly such instances. Remember, the buyer has no insight into the exact amount of personal information of the seller available before concluding the transaction. All I am left with is a gmail address and bank account number.

      Comment


      • #4
        The seller does provide us with other details and these are released to the buyer, police or attorney's once a formal complaint and/or case is opened. The authorities also have the right to subpoena the bank for the account holder's details.

        Kind regards
        Cuan

        Comment


        • #5
          Thank you again for your reply.
          In this instance the gmail account was used for all contact details including telephone numbers.
          This is a professional fraudster selling, according to Adobe "high quality counterfeits" and repeating the same thing under a different username.
          What do you propose is my next step? Open a case of fraud with the SAPS?
          Adobe requested me to send them the counterfeit goods - where does that leave me as the Buyer?

          Comment


          • #6
            Hi

            We have a contact at Adobe and they have not advised us of another user being involved. The seller does supply us with a contact number and other details which will be handed over to you.

            The next step, if they are avoiding you is to open a case of theft under false pretences against the seller.

            What happens next depends on the police investigation and whether they can locate the seller to recover your funds.

            Kind regards
            Cuan

            Comment


            • #7
              I, think Cuan and Co should get ready for an onslaught of complaints from un-suspecting buyers who have been making some software sellers on BOB very rich, I personnaly know of hundreds of Asian sights who are selling microsoft software at dirt cheap prices, I hope for the unsuspecting buyers sake that the sellers of the microsoft counterfeit software wil still be around when they start getting messages popping up on their screen informing them that they "could be the victim of unlicenced software" untill eventually your screen starts to turn black and the message then stays permanently on the lower right hand corner of your screen infroming you that "this copy of windows is not genuine", Yes, I am a victim of counterfeit software, although not unsuspecting, because the price alone told me that there is no way that this could be genuine, I even got to choose whether I wanted the US or Brazilian version, but I bought it anyway to test for myself. It was genuine for about 6 months then I started to get the pop-up messages.
              I just hope that BOB sellers who are selling microsoft software are not getting theirs from the same Asian seller I got mine from?

              Comment


              • #8
                Please kindly report any of these issues to us through communitywatch@bidorbuy.co.za and we will, along with Microsoft investigate and take the appropriate action against any seller selling counterfeit software.

                Thank you.
                Cuan

                Comment

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