Can warranty expire when the product was faulty to begin with?

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Can warranty expire when the product was faulty to begin with?

I purchased a software package on-line and it turned out later it was counterfeit. The seller refuses to give me a refund because the purchase was made more than 90 days ago. My points are: 1. The software has been counterfeit from day one. It’s not a matter of warranty but legality. 2. The problem of counterfeit software being sold has been known to the seller for years, but they still don’t have any warnings in their security guide. 3. Amazon makes money on these sales 4. They keep the identity of the seller secret so I have nobody to complain to or to report.

Asked on August 6, 2011 Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I agree with you 100%.  Selling counterfeit software is illegal and the party doing so can not assert such a defense against you as the purchaser in this matter.  That would be my standing representing you.  But you need to make an issue out of this once and for all.  You need to contact Amazon and explain what is going on.  You insinuate that they know what is happening and are ignoring it.  I can not imagine that that is true.  They are a site that regards their reputation highly and their reputation is what drives their business.  Try and contact them and then see about suing the retainer.  Good luck..


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