February 23, 201214 yr If I'm sold faulty goods I go straight back to whoever sold them to me. I don't find out who the manufacturer is and approach it first. Do you?You still misunderstand.If I understood the OP correctly, he sent an email to T2G, right? So before pressing for the refund at Paypal, why not simply wait for T2G's reply and try to get it sorted through those channels? It might have spared his account getting suspended... Benjamin van Soldt Windows 10 64bit - i5-8600k @ 4.7GHz - ASRock Fatality K6 Z370 - EVGA GTX1070 SC 8GB VRAM - 16GB Corsair Vengeance LPX @ 3200MHz - Samsung 960 Evo SSD M.2 NVMe 500GB - 2x Samsung 860 Evo SSD 1TB (P3Dv4/5 drive) - Seagate Barracuda 2TB 7200RPM - Seasonic FocusPlus Gold 750W - Noctua DH-15S - Fractal Design Focus G (White) Case
February 23, 201214 yr As I had mentioned I am happy with the vendors I use for FSX. I won't name them in this thread but I find they at times bend over backwards to fix things for the customer. I agree with Tom79 that the seller should rectify the situation. Megs8888 most likely contacted T2Go only because he was getting no where with the point of purchase.Their are vendors in our part of the world (Australia) that are very very good so in the future I would suggest to Megs8888 to by local...Cheers Matthew Kane I'm Dyslexic, what's an error to you is not to me
February 23, 201214 yr It is very sad for me to read bad words about SimMarket. I have been their customer longer than I could remember.I have never had the slightest issue with them. Maybe because my purchases are always very well thought out.Maybe if I make this one particular mistake one day and regret my purchase, I will face some trouble. I find it hard to say now.One thing I am not sure I understand properly in this thread, megs8888: you want your money back because you think the product is poor?I admit I have never read (shame on me, I know) the rules at SM but is it a justified reason to request compensation?Would Aerosoft, FlyTampa, Wilco or PMDG return your money if you didn't like the product you bought from them?I have always thought this is only possible with vendors offering some trial options, like Flight1 (30-day guarantee) or FSDT (time limited demo).
February 23, 201214 yr You still misunderstand.If I understood the OP correctly, he sent an email to T2G, right? So before pressing for the refund at Paypal, why not simply wait for T2G's reply and try to get it sorted through those channels? It might have spared his account getting suspended...The OP wrote: I emailed Sim Market and requested a refund of 14 Euros or the ability to get another scenery.Dear valued customer email contact TAXI2 GATE support. WHAT!!!!! Their forum is basically crap no support and a link for a non working patch to Megaupload. Mmmm in the hands of the FBI that file.Back to Sim Market and they were no help and sent this response...I understand that as meaning the OP first contacted SimMarket and then SimMarket emailed him to tell him to contact Taxi2Gate support. The OP only then contacted Taxi2Gate, was unhappy with it's support and went back to SimMarket.In my view he was correct to contact the seller first and also correct to refuse to be fobbed off by SimMarket.As far as SimMarket closing the OP's account, that's its right. It can choose which customers it wants to deal with in the same way I can choose which seller I want to deal with. Gerry Howard
February 23, 201214 yr One thing I am not sure I understand properly in this thread, megs8888: you want your money back because you think the product is poor?I think what was the issue was Sim Market sold him an older version and the update was available on MegaUploads (Which is now seized by the FBI). So he never received a proper working copy of the software that he paid for from the vendor due them using Megauploads to support its customers.In My POV......Vendors should have stopped sales of any products they have on MegaUploads until they can rectify the situation. I find if crazy that a vendor or developer choose to use Megauploads in the first place.Cheers Edited February 23, 201214 yr by ytzpilot Matthew Kane I'm Dyslexic, what's an error to you is not to me
February 23, 201214 yr Author It's all sorted now Cesar at Taxi 2 Gate replied and gave me a fix for the scenery, so I withdrew my PayPal claim with Simmarket, they have now deactivated my account, although the service was still poor in my view and yes the last post was spot on cheers for your input guys. http://fs2crew.com/banners/Banner_FS2Crew_MJC_Supporter.png Wayne HART
February 23, 201214 yr If I'm sold faulty goods I go straight back to whoever sold them to me. I don't find out who the manufacturer is and approach it first. Do you?FWIW I have purchased from NewEgg and at times they make clear all RMA requests must go to the manufacturer. Certainly after 30 days you must.scott s..
February 23, 201214 yr This is called "quid pro quo" and means there has to be an even exchange in value...an even exchange doesn't mean I can setup shop, sell known faulty products, and then when a refund is asked for due to a non-performing product say "HEY it's not MY product!" .Wrong. It's called doing business in "good faith". When you don't, word gets around. Now, I made the honest mistake of buying an IRIS plane for FS9 through FSPilotShop. I installed it not realizing it wasn't an FSX plane; obviously it didn't work. They said "no problem, here is a gift voucher for the amount you spent". Easy for them, they still get a sale, I get something that works. And , in the process they have built good will with me. They have gotten my business since then.It's really very easy to keep customers happy, if you do the right thing. Cheers, Jonathan
February 23, 201214 yr FWIW I have purchased from NewEgg and at times they make clear all RMA requests must go to the manufacturer. Certainly after 30 days you must.scott s..Would you be happy after buying a faulty produict from NewEgg to be told that you must go to an obscure manufacturer in the middle of China to get redress?I wouldn't, and under EU law such a clause would be void. SimMarket operates under EU law. Edited February 23, 201214 yr by mgh Gerry Howard
February 23, 201214 yr This is called "quid pro quo" and means there has to be an even exchange in value...an even exchange doesn't mean I can setup shop, sell known faulty products, and then when a refund is asked for due to a non-performing product say "HEY it's not MY product!" .Wrong. It's called doing business in "good faith". When you don't, word gets around.Now, I made the honest mistake of buying an IRIS plane for FS9 through FSPilotShop. I installed it not realizing it wasn't an FSX plane; obviously it didn't work. They said "no problem, here is a gift voucher for the amount you spent". Easy for them, they still get a sale, I get something that works. And , in the process they have built good will with me. They have gotten my business since then.It's really very easy to keep customers happy, if you do the right thing.+1Adrian at FSPilotShop is top notch. I am also one of there very happy customers. Matthew Kane I'm Dyslexic, what's an error to you is not to me
February 24, 201214 yr He can have ticked as many boxes as you like but that doesnt mean he has to pay for faulty goods - which these clearly were. There is an implied term in the agreement that the goods are "fit for purpose".If I'm not mistaken you are in the UK and are quoting the term "fit for purpose" which is used in UK retail law.I had a wee problem last year and ended up contacting Consumer Direct who told me that computer software is not covered by the same retail laws as physical goods. You cannot demand a refund under the law if a piece of software you purchased does not fuction properly or meet your expectations. It's not an ideal situation I know, but reatil law was drawn up before the age of the internet and digitally distributed software.As for the OP, when purchasing an FS addon from a publisher or developer you are not familiar with it is always a good idea to do your homework first and find out what others' experience is. As has been pointed out to you, when you purchase from Simmarket you have to click to tick a box agreeing to their terms and conditions, one of which is all sales are final and there are no refunds. You'll find similar policies across much of the internet based FS addon industry. If I were you I'd take it on the chin and learn from the experience. €14 is not a life chaning amount of money. Nick
February 24, 201214 yr So if you buy software on a DVD which turns out to be totally blank you just "take that on the chin"?I'm astonished at the number of those here who seem quite willing to roll over and be ripped-off. Gerry Howard
February 24, 201214 yr Given the nature of internet commerce, what can you do when you purchase a product and the developer, store and customer are located in three different countries? Whose laws apply? Good luck trying to quote legal texts or make legal threats to the offenders!The simple fact of the matter is, under current UK law (I don't know about other countries) software is not covered by the same laws as a physical good. A lot of people don't seem to understand that you do not purchase software - you purchase a licence to use that software and as such it does not come under the same legislation. Is it right? No of course not. Does the law need to be updated? Of course it does.However, until then there's not much that can be done from a legal perspective in this sort of scenario. Then best you can hope for is goodwill on the part of the developer or retailer, and of that fails you can try to get a refund from Paypal or perhaps a credit card chargeback.Given the well known pit falls and dangers of buying online it would be wise to restrict your purchases to retailers in your own country where you can be sure your own domestic retail laws will protect you. If you purchase something online from a business or retailer based in another country you will have virtually no legal recourse should your purchase go awry. No amount of righteous indignation is going to change that.Caveat emptor, as the saying goes. Nick
February 24, 201214 yr 1. T2G MMMX V@ was really messed up out of the box. It is better now after the last update. This forum is good for finding issues with Mexican stuff and it has the MMMX fix. http://www.fsmex.com/foros/forumdisplay.php?f=232. I use Simmarket for most of my purchases. I like to keep thing in one place. I hate trying to figure out where I bought something.3. Simmarket's customer service policies are not the friendliest in the industry but they are pretty straight forward. You really need to research your purchases first.I'll say this again, we need better standards in this industry and big sites like AVSIM and FS.com are the only entities that can force the issue. I'd like to see a AVSIM seal of approval for websites. One of the criteria for getting the seal of approval would be 30 day refunds. No refund policy, no seal. AVSIM could link to all the approved sites. At some point, a lot of people will stop buying from sites that are not approved by AVSIM. MSFS Premium Deluxe Edition; Windows 11 Pro, I9-9900k; Asus Maximus XI Hero; Asus TUF RTX3080TI; 32GB G.Skill Ripjaw DDR4 3600; 2X Samsung 1TB 970EVO; NZXT Kraken X63; Seasonic Prime PX-1000, LG 48" C1 Series OLED, Honeycomb Yoke & TQ, CH Rudder Pedals, Logitech G13 Gamepad
February 24, 201214 yr The simple fact of the matter is, under current UK law (I don't know about other countries) software is not covered by the same laws as a physical goodThere is an anomaly in UK law. Courts have ruled that downloaded software is services: that software on CD are is goods.That doesn't affect the consumers' right to get what they have paid for regardless of whether they are goods or services.I totally agree there are significant problems and risks in dealing over the internet, but it still disappointing that a well-known seller like SimMarket attempts to exacerbate them. Gerry Howard
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