[Resolved] Reserving legal actions against Valve for denying cancelling of purchase of Baldur's Gate: Enhanced Edition (EU related)
LAST UPDATE: The game is installed and working fine. I request for a lock of this thread as it has been resolved.
As I already have informed Valve through the ticketing service I wish to inform the customers that purchased this specific product that I have already filed a certification of disputed transaction for my credit card through my bank and I reserve legal actions against the company for not complying with EU directives for "not performing" and for no "accessibility" of the product.
The Directives mentioned are:
1. 97/7/EC on the protection of consumers in respect of distance contracts (which has effect until 13 December of 2013)
2. 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees
3. 2011/83/EU on consumer rights (ammending the above directives as of December 13 2013).
As stated in article 19 of 2011/83/EU: "...in such contracts, the consumer should have a right of withdrawal unless he has consented to the beginning of the performance of the contract during the withdrawal period and has acknowledged that he will consequently lose the right to withdraw from the contract. In addition to the general information requirements, the trader should inform the consumer about the functionality and the relevant interoperability of digital content. The notion of functionality should refer to the ways in which digital content can be used, for instance for the tracking of consumer behaviour; it should also refer to the absence or presence of any technical restrictions such as protection via Digital Rights Management or region coding. The notion of relevant interoperability is meant to describe the information regarding the standard hardware and software environment with which the digital content is compatible, for instance the operating system, the necessary version and certain hardware
In short as the license agreement also states from the moment we "agree" the "beginning of the performance of the contract" we lose any right for refund.
HOWEVER in the Directive 97/7/EC Article 7 p2:
2. Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered are unavailable, the consumer must be informed of this situation and must be able to obtain a refund of any sums he has paid as soon as possible and in any case within 30 days."
Which in this product case the digital product fails to perform even after download began (therefore the contract was "concluded" and purchase done without the right of refund according to Valve license) and since the game is NOT ACCESSIBLE they fail to perform on the contract itself therefore they are entitled of a refund.
Also on article 8:
Payment by card
Member States shall ensure that appropriate measures exist to allow a consumer:
- to request cancellation of a payment where fraudulent use has been made of his payment card in connection with distance contracts covered by this Directive,
- in the event of fraudulent use, to be recredited with the sums paid or have them returned."
In the case of this game for those that the game cannot launch or start and TIME HAS BEEN REGISTERED AS PLAY TIME (in my case 1 min) there is clear fraudelent use of my payment card and actions should be taken by the bank to redeem the sums paid.
I am also copy pasting the new regulations from Directive 2005/29/EC from The Unfair Commercial Practices Directive and the paragraph concerning your failure to comply from the Guidance document for the above mentioned Directive:
Application of the information requirements in Article 7(4)
The existence of a right of withdrawal or cancellation (Article 7(4)(e)) must be mentioned in invitation to purchase where applicable, for example in case of distance selling (e-commerce, telephone, etc). At the invitation to purchase stage, traders are only required to
inform consumers about the existence of such rights (without detailing the conditions and procedures needed to exercise them). It is worth noting that in a recent EU-wide investigation in to websites selling consumer electronic goods (a "sweep"), national authorities found that 66% of the websites investigated either did not provide information on the right to withdraw or provided misleading information about it..."
There is no mentioning of existence of a right of withdrawal or cancellation either than a total rejection of any such right in the license agreement.
I am sorry if I got you tired with all the legal stuff, but I reserve my right to inform all consumers and gamers about their rights, how they are handled by this company (they deny that some of the above directives apply to digital products when they DO).
As a small note another well known gaming company (I am not mentioning their name for obvious reasons) immediately acknowledged all the above legislations and agreed to a refund when I proved to them that the data of a faction change did not change as it should). I wish this company shows that it respects their customers and their rights and be professional and acknowledge the problems created by this specific product. I do have a lot of games purchased from Valve I am very happy with their service until this incident and I hope they will take actions to resolve them reasonably.
Tzzimy (Edited my details under the rules and guidelines of this forum) Please request to add me as friend, or post here if you have problems with this specific game.