mattmcbride
New Member
I ordered software from a seller on the iOffer website which was advertised as "new" and the "full holographic version" of Windows XP Professional. Holographic basically means it's a legitimate copy directly manufactured by Microsoft. The software was listed as OEM, which means it must be sold with a piece of hardware to avoid legal issues with Microsoft. OEM versions are often sold to PC manufacturers, but have the same features as a "reatail" version you find in stores. The cost for OEM copies is often significantly less thana retail one.
iOffer is a site where buyers and sellers negotiate price, rather than bid. I offered the seller's asking price of $89.00 and it was accepted. However, when I finally received the software, it was a BLANK CD-R of NOTHING. Along with this, he included some "notes" where he writes "I thought I ought to mention" that this software was purchased for a recently failed business and that he supposedly purchased, but no longer has the physical discs...only the Product License Keys for them.
I e-mailed him immediately after trying to install the software and asked that he send the product AS ADVERTISED (new, holographic version) in order to avoid negative feedback. He responds that he will send it out via Priority Mail. When THAT disc arrives, it is ANOTHER CD-R copy of Windows XP. This copy is not "bootable" which means it cannot be installed on a blank hard drive, which is what I needed. A true OEM copy would be bootable.
The seller has refused to refund my money, saying that I do not understand the difference between OEM and retail versions, and that on other listings for the same product he spells out that the software he is selling isn't an original copy. However, those listings were $20 less than the one I purchased, and their listings are worded differently.
Here is a direct link to the listing:
http://www.ioffer.com/i/6171585
Basically, I need to know what my small claims optoins are. I live in Tennessee...he's in New Jersey. I only paid $95.00 for the software, so I don't even know if it is worth it. What would my costs be? Where would I file? Tennessee or New Jersey?
Any help would be appreciated.
Thanks,
Matthew
iOffer is a site where buyers and sellers negotiate price, rather than bid. I offered the seller's asking price of $89.00 and it was accepted. However, when I finally received the software, it was a BLANK CD-R of NOTHING. Along with this, he included some "notes" where he writes "I thought I ought to mention" that this software was purchased for a recently failed business and that he supposedly purchased, but no longer has the physical discs...only the Product License Keys for them.
I e-mailed him immediately after trying to install the software and asked that he send the product AS ADVERTISED (new, holographic version) in order to avoid negative feedback. He responds that he will send it out via Priority Mail. When THAT disc arrives, it is ANOTHER CD-R copy of Windows XP. This copy is not "bootable" which means it cannot be installed on a blank hard drive, which is what I needed. A true OEM copy would be bootable.
The seller has refused to refund my money, saying that I do not understand the difference between OEM and retail versions, and that on other listings for the same product he spells out that the software he is selling isn't an original copy. However, those listings were $20 less than the one I purchased, and their listings are worded differently.
Here is a direct link to the listing:
http://www.ioffer.com/i/6171585
Basically, I need to know what my small claims optoins are. I live in Tennessee...he's in New Jersey. I only paid $95.00 for the software, so I don't even know if it is worth it. What would my costs be? Where would I file? Tennessee or New Jersey?
Any help would be appreciated.
Thanks,
Matthew
