SIM SKUNK WORKS WITHDRAWAL AND REFUND POLICY
- According to Italian and European laws if the customer receives the activation key is meant that the software is “unsealed” and thus looses the right of withdrawal and refund because it is a necessary condition for it that the software is returned certainly and “sealed.”
- SSW complying with the law, protecting his resources and customers right, leaves freedom to buy the product, test it (with a reasonable time limit) and decide whether “unseal” or not, which occurs with the request of the activation key, request that can be delayed at will by the customer.
- Instruction for automatic or manual activation key request is written clearly on the documentation on the site site under “How to..
- Having said the above, the refund may be requested if:
- It has not gone more than 14 days from the day of purchase
- It was not asked and sent the software activation key
JURISPRUDENCE ON THE RIGHT OF WITHDRAWAL AND REFUND
- Article 55, paragraph 2, letter. d) of Legislative Decree no. 206/2005, states that “is excluded the application of the articles on the right of withdrawal in cases of ” supply of audiovisual products or computer software unsealed by consumer.“
- Is widely accepted by jurisprudence that can be considered as still sealed software, one that, despite having been downloaded directly from the manufacturer in the form of self-installing file, requires the installation of the product on your personal computer and the subsequent final activation by inserting special codes provided by the same manufacturer or distributor.
- In such cases, the software installed but activated with the key can not still be considered “immaterial” sealed and the consumer can not be given the right of withdrawal.
- The rule seems appropriate, otherwise no one could be certain that the request of the right of withdrawal is not a pretext to obtain a refund and keep using the product, in fact it is not possible to ascertain the necessary condition to the withdrawal, the return of unsealed product itself.