Urgent Escalation: Refund for Orders WPDM6808D9ED69E11 & WPDM6808E1EC882F5 – Legal Right of Withdrawal
Dear Support / Tahasin,
I refer to your response (#205809) and my previous messages regarding orders WPDM6808D9ED69E11 and WPDM6808E1EC882F5. Your refusal to process a refund without further troubleshooting is unacceptable and ignores both the facts and the applicable legal situation in the EU and Austria.
Let me clarify the situation unequivocally:
Order WPDM6808D9ED69E11 (Form Lock): This product was added to the cart by mistake. I noticed this error immediately after the purchase and informed you instantly via email, requesting cancellation/refund – before any attempt was made to install the second, correct product (File Cart). These emails remained unanswered. For this erroneous purchase, I am fully exercising my statutory 14-day right of withdrawal according to the Austrian Distance and Off-Premises Contracts Act (FAGG) and the EU Consumer Rights Directive (2011/83/EU). Troubleshooting is irrelevant here, as the product was never needed, and the withdrawal was declared within the deadline.
Order WPDM6808E1EC882F5 (File Cart): This product was installed and provably did not work. Worse, it led to a complete failure of essential functions on my website (“whole blog section went missing”). Again, I informed you about this immediately via email, requesting a refund. Your claim that the add-on works on your end or for other users is irrelevant to my case. The product failed on my system, for which it was advertised, and caused damage. It therefore does not meet the promised specifications or the commonly expected characteristics (breach of warranty).
Troubleshooting / Reinstallation: I categorically reject your request to grant access to my system for troubleshooting or to reinstall the add-on. It is unreasonable to demand that I reinstall a product that has already demonstrably damaged my website, thereby risking further failure. The burden of proof is not on me to provide you with a working test environment for your defective product. The evidence of non-functionality was provided by the damage it caused. I uninstalled the product to restore my website’s functionality.
Legal Basis:
Pursuant to § 11 FAGG (and the corresponding EU Directive), as a consumer, I have the right to withdraw from an online contract within 14 days without giving any reason. For digital content not supplied on a tangible medium, this period begins on the day the contract is concluded. I declared my wish to withdraw for both orders in a timely manner, immediately after becoming aware of the issues or the mistake, via email. Your support staff in the chat merely referred me to this forum after my emails were ignored. I have at no point waived my right of withdrawal, nor was I correctly informed about a potential loss of this right upon immediate download and explicitly agreed to it, as required by law. Even if that were the case, for product #2 (File Cart), the warranty rights apply additionally due to the product’s defectiveness.
Demand:
I hereby demand, for the final time, that you process the full refund for both orders (WPDM6808D9ED69E11 and WPDM6808E1EC882F5) immediately, but no later than within 5 business days, to the credit card originally used.
Should the refund not be processed within this deadline, I will be forced to initiate the following steps without further notice:
Initiating a chargeback procedure with my credit card company.
Reporting the incident to the relevant consumer protection authorities in Austria and the EU.
Considering further legal action.
I expect your confirmation that the refund has been processed.
Sincerely,
Wilhelm Steindl
