new 30 day refund for faulty goods law starts today

BuffetSlayer · 1 Oct 2015 at 09:57

It is saying no refund within 30 days.

IE, the attempt at a fix does not have to come within 30 days either.

Zhokel · 1 Oct 2015 at 09:57

Also just noticed here: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#digital

Compensation is available if the content damages your device

If you can show the faulty digital content has caused damage to your device or other digital content you’re also entitled to compensation for the damage caused, or to get the damaged item repaired.

This might be apply if, for example, a downloaded music track caused your MP3 player to play up, or an updated app deleted movie files from your mobile. Any repairs needs to be done in a reasonable time and compensation paid within 14 days.

All those EULA's (which were never enforceable anyway?) out there that say they're not responsible...
(The digital content would had to have been paid for though, but you can still try, covered under "It doesn’t cover free content, unless you paid for something else to get it" in the above link)

BuffetSlayer · 1 Oct 2015 at 10:01

http://www.legislation.gov.uk/ukpga/2015/15/section/43/enacted

If the consumer requires the trader to repair or replace the digital content, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer; and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

http://www.legislation.gov.uk/ukpga/2015/15/section/45/enacted

Lots of mention of contracts (EULA?)

Glaucus · 1 Oct 2015 at 10:04

BuffetSlayer said:
http://www.legislation.gov.uk/ukpga/2015/15/section/43/enacted

Pretty much 28days then, unless it's something very specialised. Can't see any small claims court, going tp20days isn't a reasonable time. And is basically what most websites advise.

BuffetSlayer · 1 Oct 2015 at 10:07

Cue the developers saying "with so many thousands of variations on PC specification in so many global locations, it is not reasonable to expect us to fix all of the issues on all machines within 28 days".

I hope I am wrong, but Steam have been enforcing a legally dubious EULA for years so I am not convinced this legislation will make any difference in terms of shoddy games.

Glaucus · 1 Oct 2015 at 10:09

Steams EULA recently is great and for the most part goes above and beyond EU regulations.

BuffetSlayer · 1 Oct 2015 at 10:13

Yes, so you go to a shop and buy a physical copy of a game, but it is a Steam title and you do not own it, only 'rent' it and they can close your library and deny you access to all titles at their whim. You cannot even play that game without accepting that EULA, but only a statement like "T&C's apply" will be available on the box at purchase.

Likewise, the fact they never gave refunds until very recently for any content full of bugs / broken.

You think that is great?

KillBoY_UK · 1 Oct 2015 at 10:14

Haggisman said:
"Digital purchases such as downloads and apps are also legally protected"

hmm... how does this work?

Could this be the beginning of the end of games being released half-working and ridden with bugs?

Very kind of ITV to provide a link to the legislation

http://www.legislation.gov.uk/ukpga/2015/15/section/34/enacted

What if you game don't work or bugs out if you have poo hardware or running unsupported hardware/drivers is that the developers fault or the users fault ?

You should see the amount of people of the nVidia facebook demanding windows 10 drivers for decade old graphics cards.

Like the steam refunds i'm sure it will be abused to hell.

Glaucus · 1 Oct 2015 at 10:14

Until recently, that means it changed, and no you dint just rent regardless of EULA, EU law says otherwise.

BuffetSlayer · 1 Oct 2015 at 10:17

Glaucus said:
Until recently, that means it changed, and no you dint just rent regardless of EULA, EU law says otherwise.

Yeah, tell that to all the folks who have lost access to their games with no recourse because STEAM decided they have breached that EULA

Twirlywoos · 1 Oct 2015 at 12:58

Oh this is going to get so abused (referring to the digital downloads, assuming that includes games)

eatcustard · 1 Oct 2015 at 13:00

Cosimo said:
Farage or his supporters won't mention this in the upcoming referendum.

Haggisman · 1 Oct 2015 at 13:17

Twirlywoos said:
Oh this is going to get so abused (referring to the digital downloads, assuming that includes games)

There is an interesting mention about:

(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the digital content unsatisfactory—

(a)which is specifically drawn to the consumer’s attention before the contract is made,

(b)where the consumer examines the digital content before the contract is made, which that examination ought to reveal, or

(c)where the consumer examines a trial version before the contract is made, which would have been apparent on a reasonable examination of the trial version.

Does this basically mean that if a demo is released which is full of bugs, and then the full game is released and is full of bugs, then if you played the demo, you aren't entitled to a refund if you then go on to buy the game?

Sho · 1 Oct 2015 at 13:40

ubersonic · 1 Oct 2015 at 14:19

Can anyone clarify this bit:

The new consumer law also introduces:

Failed repairs - After a failed attempt by the retailer to repair or replace a faulty item, you are entitled to ask for a refund or price reduction.

A second repair or replacement - If you do not want a refund or price reduction, you can request another repair or replacement at no cost to you.

Is that exclusive? I.E you can only demand a replacement instead of a refund if they have failed to repair it? Or can you just return something faulty and demand a replacement instead of a refund?

If it's the latter that's great because a lot of consumers got stung by dodgy retailers after the big HDD price spike, people returned drives for replacement and were told that due to increased costs they would instead just be given a refund of what they paid minus a bit, lol.

Haggisman · 1 Oct 2015 at 14:24

KillBoY_UK said:
What if you game don't work or bugs out if you have poo hardware or running unsupported hardware/drivers is that the developers fault or the users fault ?

You should see the amount of people of the nVidia facebook demanding windows 10 drivers for decade old graphics cards.

Like the steam refunds I'm sure it will be abused to hell.

That would be relatively easy to deal with (and in fact the majority of games/software already do this) by simply listing the supported hardware/software on the back of the box/store page.

If your hardware isn't listed on the box/store page, then it's not compatible (it might still work, but it's not advertised as doing so)

Jim99 · 1 Oct 2015 at 14:24

At first glance, this seems worse than the SOGA (which AFAIK puts the onus on the seller to prove it's not an inherent fault within 6 months).

Am I missing something?

Haggisman · 1 Oct 2015 at 14:29

Jim99 said:
At first glance, this seems worse than the SOGA (which AFAIK puts the onus on the seller to prove it's not an inherent fault within 6 months).

Am I missing something?

Pretty sure this doesn't replace SOGA, but supplements it.

Where under SOGA you didn't have an inherent right for a refund, only a replacement or repair, now within the first 30 days you have the right to a refund as well as the protections offered by SOGA

dacads · 1 Oct 2015 at 14:40

So are digital purchases only covered for 14 days?

Twirlywoos · 1 Oct 2015 at 14:43

Haggisman said:
There is an interesting mention about:

Does this basically mean that if a demo is released which is full of bugs, and then the full game is released and is full of bugs, then if you played the demo, you aren't entitled to a refund if you then go on to buy the game?

Sounds like it, wonder why that is we have so many demos lately.