Ripped off by Oracle Corporation does not issue refunds for returned software.

Text of Letter of Complaint to Credit Card Company tells the tale:

4 November 2001

Dear Service Representative:

I am writing to seek assistance with a charge on my American Express Gold card from earlier this year. I have talked with the Sales Department of the vendor Oracle Corporation numerous times in an attempt to receive a refund, but to no avail. Each time I call and speak to a representative of the company I receive a different explanation of why has not yet been refunded. As 9 months have passed without a satisfactory resolution, my patience is worn thin. I am hoping that American Express can assist in achieving a satisfactory resolution.

In January of this year (Invoice Date 1/27/01), I purchased from the Oracle online store a 30-day trial license for Oracle Database 8i Release 3 (8.1.7) CD Pack for MS Windows NT/2000 Enterprise Edition ($39.95) and paid shipping for a package of software ($9.50) for a total of $51.68. A charge was made to my American Express card on 2/26/01 for this amount. The CD pack was shipped via UPS. UPS attempted to deliver the pack to my home residence on 3 occasions but did not leave the package as some restriction (either theirs or the vendors, I could never get an answer which) prohibited them from leaving the package in that zip code. I went to the UPS office on Eisenhower Avenue in Alexandria, VA to pick up the pack, but it was already returned to Oracle.

Shortly after, I received and returned a couple of calls from an Oracle representative. This representative seemed more interested in determining that I was not trying to illegally obtain software for the company that employed me rather than arranging that I receive the package I ordered. He recommended that I reorder the product through the online store and treat the 2 as separate orders. He also recommended that I order the Personal Edition and not the Enterprise Edition of the Oracle Database to reduce misunderstandings. My understanding was that as the product was not delivered successfully and as I had not received my license or the software, I would be refunded for the order.

Therefore, on 3/1/01 I placed a second order through the Oracle online store for an Oracle Database Personal Edition 30-Day Trial License and the Oracle Database 8i Release 2 (8.1.6) CD Pack. The cost was $39.95 for the CD Pack, $7.50 for Shipping and $1.80 for tax which came to a total of $49.25. I requested that the pack was sent by US Mail and I received the pack. A charge appeared on my American Express card for $49.59. (Why Oracle charged me $.29 more than they said they would remains a mystery to me to this day, but is not the primary purpose of the letter.)

Both charges appeared on the 3/18/01 Statement of Account I received from American Express.

In the succeeding months, I have contacted Oracle on numerous occasions to inquire about a refund to my card for the software and license I did not receive. Each customer service representative I spoke with seemed to tell a different story. One said it could take up to 6 months to receive a refund. After 6 months passed I called Oracle again. I was promised a refund which never appeared. Finally on 9/25/01, a sales rep gave me an RMA number. She promised that the refund would be executed in 2-3 weeks. As it is now November, today I spoke to another rep who said it could be 2-3 billing cycles until the charge is refunded. How long that is I do not know.

What I do know is that either through incompetence, sloppiness, arrogance, and perhaps outright deception Oracle has retained $51.68 of my hard-earned money for at least 8 months more than it needs to. I would like this charge refunded to my card immediately. What do I have to do? Take them to small claims court?!

Your assistance in this matter is greatly appreciated. Please find enclosed for your information and assistance the following documents:
a photocopy of the invoice for the first Oracle order,
photocopies of the American Express statement with the 2 charges, and
photocopies of the order confirmation and the packing slip for the second Oracle purchase.

Sincerely,

Christie
Arlington, VA