traderforliving
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I have bought the EA "Two Percent Daily" offered from the website www.fantasydreamteam.com/ea.html. The vendor offered me a money back guarantee if I'm not happy with the results. I asked for a discount and he agree. I asked him, if also with the discount the money back gurantee is stil available and he told me "No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-) Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY“.
After the backtests and live forward tests I see that the results are not the same like claimed from the vendor. He send me new settings or new versions but all this don't make the EA even better and continue to loose... The vendor told me always that I can aks a guarantee if I'm not happy.
After I asked for a refund he deny it, because the terms on his website what I never seen before and told me this is the only thing what count. If you use a discount link the vendor deny any refunds. The only thing was moved me to make the purchase was the promise from the vendor, that he offer me the money back guarante also with a discount. It's obvious that the vendor mislead me.
Also I did some more research, and he has just taken the code from funyoo EA and modified it slightly. In such a case, then a “no-refund policy” does not apply to Fraudulent transactions. If I sell you my neighbor’s automobile, with a “no refund” policy, then I can be sued in court for selling something that wasn’t truly mine (even though there may have been a no-refund policy). Also, if there is fraud, in the marketing of the product, then those statements may be considered by an independent court, when deciding on granting a refund.
A no-refund policy does not include a “defective” product (unless the words’ “AS IS” is also included). Clearly, this purchase was not “as is”, and in fact the EA’s performance came with a warranty, and the “name” of the EA suggested what a buyer should expect in profits.
Furthermore, there is the legal term “implied merchantability” of a product, where, a warranty may be “assumed” by the buyer even if not in writing. See Implied warranty - Wikipedia, the free encyclopedia for more examples and details.
On the other hand, a no-refund policy “would” apply, for example, if I sell you my computer, which you intend to give to your sister for a birthday gift, and she doesn’t like it, or doesn’t want it. THEN, you would not be entitled to a refund, based on ONLY that excuse. However, even in that situation, there may be “other” implied warranties, mentioned above, for example, if the computer was stolen property,etc.
My point is that a contract can be overturned by a court for multiple reasons, depending on the laws of the state or country that you live in. If the terms of a contract are illegal (or non-enforceable) in the State you live in, then they are not enforceable, and subject to other remedies. Contracts are overturned all the time, for example, on the grounds of unconscionability (see Unconscionability - Wikipedia, the free encyclopedia for a better explanation).
I ask now for a full refund of 400 USD. I hope you can help me to receive it.
After the backtests and live forward tests I see that the results are not the same like claimed from the vendor. He send me new settings or new versions but all this don't make the EA even better and continue to loose... The vendor told me always that I can aks a guarantee if I'm not happy.
After I asked for a refund he deny it, because the terms on his website what I never seen before and told me this is the only thing what count. If you use a discount link the vendor deny any refunds. The only thing was moved me to make the purchase was the promise from the vendor, that he offer me the money back guarante also with a discount. It's obvious that the vendor mislead me.
Also I did some more research, and he has just taken the code from funyoo EA and modified it slightly. In such a case, then a “no-refund policy” does not apply to Fraudulent transactions. If I sell you my neighbor’s automobile, with a “no refund” policy, then I can be sued in court for selling something that wasn’t truly mine (even though there may have been a no-refund policy). Also, if there is fraud, in the marketing of the product, then those statements may be considered by an independent court, when deciding on granting a refund.
A no-refund policy does not include a “defective” product (unless the words’ “AS IS” is also included). Clearly, this purchase was not “as is”, and in fact the EA’s performance came with a warranty, and the “name” of the EA suggested what a buyer should expect in profits.
Furthermore, there is the legal term “implied merchantability” of a product, where, a warranty may be “assumed” by the buyer even if not in writing. See Implied warranty - Wikipedia, the free encyclopedia for more examples and details.
On the other hand, a no-refund policy “would” apply, for example, if I sell you my computer, which you intend to give to your sister for a birthday gift, and she doesn’t like it, or doesn’t want it. THEN, you would not be entitled to a refund, based on ONLY that excuse. However, even in that situation, there may be “other” implied warranties, mentioned above, for example, if the computer was stolen property,etc.
My point is that a contract can be overturned by a court for multiple reasons, depending on the laws of the state or country that you live in. If the terms of a contract are illegal (or non-enforceable) in the State you live in, then they are not enforceable, and subject to other remedies. Contracts are overturned all the time, for example, on the grounds of unconscionability (see Unconscionability - Wikipedia, the free encyclopedia for a better explanation).
I ask now for a full refund of 400 USD. I hope you can help me to receive it.
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