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Sailfish X refund policy

asked 2017-11-10 14:10:55 +0200

HeinrichJolla gravatar image

Suppose, you bought Sailfish X, and you are not pleased with the delivery, is there a policy for refunding? Does anybody have any experience with it.

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answered 2017-11-10 14:27:58 +0200

lakutalo gravatar image

updated 2017-11-10 15:17:03 +0200

Usually if inside EU and...

If you bought a good or a service online or outside of a shop (by telephone, mail order, from a door-to-door salesperson), you also have the right to cancel and return your order within 14 days, for any reason and with no justification.

Source: http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

BUT as @ossi1967 correctly claimed, this does not include software in general.

On purchase it is clearly stated by Jolla in NOTICES & DISCLAIMER:

Once you have purchased a Sailfish X license, and we make it available for you to install on your Sony Xperia X device, the sale is final. Sailfish X is nonreturnable, and you cannot cancel the purchase and expect an automatic refund if you regret the purchase.

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This is not true for all goods. There are exceptions that you failed to mention. It would be interesting, though, if Jolla was clever enough to make use of those.

In general, "the supply of digital content (e.g. software download) which is not supplied on a tangible medium" is not covered by your right to return a good (wich is logical), provided the consumer gave his prior "consent and his acknowledgment that he thereby loses his right of withdrawal".

So in principle you have no right to "return" the software (how could you) unless Jolla forgot to tell you about this before downloading. I really don't remember the legal text during the whole pay-and-download procedure.

ossi1967 ( 2017-11-10 15:00:32 +0200 )edit

I remember a sentence stating above mentioned right but I have to search for the source. I'll be back. ;)

lakutalo ( 2017-11-10 15:05:40 +0200 )edit
1

Objection allowed, I withdraw my statement. Why should I gainsay the very master. :) The reason is that you buy an unsealed software package or digital content which has been activated by the process of downloading it. As you are an expert yourself you may easily find the correct passage. ;)

lakutalo ( 2017-11-10 15:11:16 +0200 )edit

10x for the good answers. On the other hand, if youve paid for a service in this software, which you dont get, you are simply tricked, and this hole in the system is promoting cheaters.

HeinrichJolla ( 2017-11-13 14:13:33 +0200 )edit
2

@HeinrichJolla No, you're looking at it from the wrong angle. There are a dozen of laws to make sure both consumers and companies get what they paid for, that nobody is tricked and cheated. These laws still apply. If somebody feels that Jolla promised something with SailfishX that they don't deliver, he can still go to the court if all else fails.

The (relatively new) EU regulations that lakutalo threw in here are not meant to protect customers from faulty goods or services or ease the return of such faulty goods. The reason for this law is that even if the product you bought is totally OK and there's nothing wrong with it, you should be able to step back from the purchase. It is assumed that people don't think as much about an offer when it's actively presented to them in their own homes (and only then does the law apply) via phone, internet or a door-to-door agent. The so-called "cool off"-period gives them time to re-think their decision (Can I afford it? Do I really need it?) and is not meant as a way to get rid of faulty goods... Though it's very handy for those, too, and in reality probably most often used in such cases.

ossi1967 ( 2017-11-13 14:36:02 +0200 )edit
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answered 2017-11-10 14:25:47 +0200

objectifnul gravatar image

updated 2017-11-10 14:28:44 +0200

Nope. Happy to pay 50€ for my freedom. Additionally, would you imagine competitors' "free" systems being refunded with freedom/privacy given back?

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answered 2017-11-10 17:31:47 +0200

rgrnetalk gravatar image

You can always sell the xperia x with sailfish on it... you should be able to find someone interested here at tjc...

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In this case remember that you have to transfer the Jolla account which is bound to the license to the new owner.

lakutalo ( 2017-11-11 11:50:43 +0200 )edit
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Asked: 2017-11-10 14:10:55 +0200

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Last updated: Nov 10