Found another poster with same problem with Captainsim product, and they have replied to him stating that no refunds given, as stated on their webpage.BUT does not Distance Selling regs apply - ie a 14 day cool-down period apply ?I'm so annoying that they are willingly selling a product that is unusable (757 for FSX)thanks for any help,Mark.

Google the internet for information on the sale of goods act. Within these regulations, designed to protect the consumer, is the statement that products should be "fit for purpose". Clearly in this instance they are not and as a consequence you should have recourse for a refund. I am suprised that a reputable seller would not be willing to assist you on this matter.Regardless of the Sales of Goods Act you have statutory rights which are protected by law.BTW the Sale of Goods Act only covers sales by businesses to consumers in the UK. I think if the site purchased from is abroad the consumer may not be covered. Maybe someone a little for informed could comment.I'm a little ashamed of my knowledge on this subject being as I am a professional purchaser by trade. If it was a business to business transaction it would be simple - tough luck on the downloaders part. As this is business to consumer there are far more protections in place.Regards

>BUT does not Distance Selling regs apply - ie a 14 day cool-down >period apply ?No. In the UK, The Consumer Protection (Distance Selling) Regulations 2000 exclude software. Article 13 (1) deals with the right to cancel and excludes "(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;"You may debate the meaning of "unsealed" but if the consumer has installed the software then it's obviously been unsealed. If the software is supplied in a form where in can be installed, then I guess the courts would rule it's unsealed. The purposes of the exclusion is to stop consumers buying recordings or software, using or copying them and them claiming a refund.Incidentaly the same Regulations require a seller to provide the identity of the supplier and, where the contract requires payment in advance, the supplier's address. How many download sites comply with this?

As with all these thnigs, take it up with the credit card company and dispute the charge. You will get your oney back, and CS will end up in world of pain, as if enough complaints come in they have their credit facilities withdrawn.Having said that, caveat emptor remians the most important requirement for the purcaser. That's BUYER beware, not seller be open honest decent legal and truthful. How could ANYONE be so stupid as to buy untried, untested products from Captain Sim with their known track record? It's a bit much to complain about getting burnt when you jumped in to a volcano.Allcott

>>Regardless of the Sales of Goods Act you have statutory rights>which are protected by law.>>BTW the Sale of Goods Act only covers sales by businesses to>consumers in the UK. I think if the site purchased from is>abroad the consumer may not be covered. Maybe someone a little>for informed could comment.>I'm afraid you are wrong on both counts.It's the Sale of Goods Act 1979 (as amended) that sets out fundamental statutory rights and it applies to all sales, not just those to consumers. Other legislation provides additional protection to consumers.The following link provides a useful guide and covers the Sale of Goods Act 1979: Supply of Goods and Services Act 1982: Sale and Supply of Goods Act 1994: The Sale and Supply of Goods to Consumers Regulations 2002.http://www.dti.gov.uk/consumers/fact-sheets/page24700.htmlUnder UK law, "goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances".

Alcott, sorry but I (as well as many forum members) already associate you with the term 'caveat emptor'. May be you should change your nick, I don't know.The fact that there are SOME dissatisfied customers does not mean ALL of them are dissatisfied. Please let us all have our own opinion, no need to persuade everybody you are right. My 757 is working fine at MY system, I AM happy with it.As for the original topic. May be you would apply some tips many people have advised here in the forum. I'm sure you will find many of them are helpful. And we all should remember - 757 is very complicated product, has detailed graphics. It just can't perform as default aircrafts.

Thanks MGH. As I said there's bound to be someone out there with greater knowledge/understanding than I.Regards

>As with all these thnigs, take it up with the credit card company and dispute the charge. You will get your oney back,Wrong. In the UK, the protection provided to credit card holders under Section 75 of the Consumer Credit Act 1975 only applies to transactions more than

"In the UK, the protection provided to credit card holders under Section 75 of the Consumer Credit Act 1975 only applies to transactions more than

"While this is technically true, the vast majority of banks will err on the consumer's side, whatever the value of transaction, if there is a genuine dispute between vendor and purchaser, since they recognise that to do so demonstrates good PR and provides extra protection to the consumer."I'm afraid that's wishful thinking. Credit card companies will not make a refund just because a customer asks for one. If you doubt this then Google sites that give impartial advice on this subject. Most of them emphasise that customers need to be persistent because the credit card companies will try to avoid making refunds unless they have to.Also, there is a formal process which involves the company that issued the card (the "Card Issuer"), the supplier (the "Merchant"), and the firm that deals with the transaction on behalf of the Merchant (the "Merchant Acquirer"). If a Card Issuer wants to make a chargeback in order to recover a payment from the Merchant it has to make a formal request to the Merchant Acquirer. The Merchant Aquirer (who may be a division of a bank and so a major player) acts on behalf of the Merchant and will obviuosly dispute the chargeback unless it's presented with sufficient evidence. In general, only if there is stong evidence of fraudulent use will a chargeback request be processed immediately.Let me give two examples that illustate that this matter isn't as simple as some might believe.(1) A customer spent

Mark, It does state quiet clearly on there webpage the following: Download software products: ALL SALES ARE FINAL. Due to the nature of the products Download software products are not returnable and non-refundable. I really don't know how you can argue that point when it is quite clear and in red print as well. Do your system specs meet the minimum requirements? Also quite clearly stated. RECOMMENDED: * - CPU 3+ GHz * - 1+ Gb of RAM * - 256 Mb video card * - 3+ Gb of free space on the MSFS hard drive * - Windows XP * - MS Flight Simulator 2004* * - Internet access (for installation/re-installation) If you had asked about the 757 for either FS9 or FSX in the Forum I'm quite sure someone would have given you the facts. I certainly would have as I have both the FS9 and FSX version. Regards, Craig

Well I am talking from personal experience, as a vendor, but also purchaser. So it's not wishful thinking in my case, but I concede others do have problems.RY

"I'm afraid that's wishful thinking. Credit card companies will not make a refund just because a customer asks for one. If you doubt this then Google sites that give impartial advice on this subject. Most of them emphasise that customers need to be persistent because the credit card companies will try to avoid making refunds unless they have to."As a credit card merchant for many years, this is definitely not true in my experience. The customer is always right and the merchant is usually screwed. The burden is definitely on the merchant to prove beyond the shadow of 10-15 doubts that the transaction was valid. In my nine or so years in business I've been very fortunate to have had only, maybe, five chargebacks in well-over 30,000 internet credit card transactions, but in each of them the customer/consumer, right or wrong, has prevailed with very few questions asked, despite my providing extensive documentation of the transaction.And to add insult to injury, not only are the funds withdrawn, the merchant is also slapped with a $30 chargeback fee.Trust me, all they have to do is complain to their credit card company once that the merchandise was faulty or misrepresented and they'll have their money back pronto after very little investigation or opportunity for the merchant to dispute the dispute.-------Justinhttp://www.fsgenesis.netHigh Quality Scenery for FS200x

thanks for all the replies guys - useful info.Craig - yes my system MORE than meets the minimum requirements -hence why I'm so annoyed.Intel E6600 Conroe - overclocked @ 3.1 gig2 gig Corsair DDR800 RAM512MB X1900XT250 gig hard diskAudigy 4 ProI don't mind it if sales are final - in that if you don't like the product as much as you thought you could have a refund ...BUT if the product is UNUSABLE - then I'm sorry - it shouldn't be for sale in the first place.I've now asked on the Captainsim support forum WHAT PC they tested the product with for which they got playable frame rates in FSX ... if they didn't manage - then it should never have been released IMO.Mark.

Mark, This is what I'm running.ASUS A8N- nForce SLI Chipset SATA RAID Dual PCIe MOBOAMD ATHLON64 3500+ CPU w/ HT TechLG GWA-4161 DVD/CD200GB Maxtor SATA 150 8MB Cache80GB Maxtor Ultra ATA 133EVGA 7900 256mb GT KO PCIe nvodngov19147-[Guru3D.com] drivers SB Audigy 22G Corsair PC 3200 400MHZ Dual Channel DDR Super Alien 500W P/SI had trouble with it in FS9 and find that the only way it is flyablein FSX is forget the 2D cockpit unless your in the flight levels.Single digits in the 2D on the ground just about anywhere. Of courseI didn't buy it for FSX since I all ready had it. Just got the FSXupdate. Had nothing to lose.Craig