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Many have tried this approach and failed for a number of reasons, but I believe the main reason is that you are purchasing an online subscription and not a physical item so for that reason that law does not work.
Don't quote me on that, though.
Using your example, Rockstar can't issue a refund if you didn't buy GTA directly from them.
Actually thats not grey
It's 100% clear.
The UK Distance Selling Laws ENFORCE the no-refund policy.
Was calling it a grey area because I was unsure, so thanks for the confirmation, Satoru!
Someone may have said that in the past (maybe to con people, or maybe that's the case in the USA) but I'm pretty sure they'd fall foul of the EU sales of goods act.
If the user is in the UK, the Distance selling regulations apply if the purchase is recent...
[img]http://i.imgur.com/GJ7Qf.png[/img]
Otherwise, if the product won't work (is not fit for purpose, the supply of goods and services act should cover it:
(Warning, lawyer speak! : http://www.legislation.gov.uk/ukpga/1982/29 )
I am not a lawyer etc. but I do know there are some powerful consumer rights now in force that are 'hidden' from consumers. I.E, Did you know that all good in a shop are generally marked with a "1 year gaurantee" although the *minimum* guarantee term is now 2 years, whether they like it or not. And on top of that there is a "resonable expectance of 'fit for purpose'" - harder to invoke, maybe, but if a (say) TV is 'expected' to last 5 years, and it only lasts 4.5 years, then they have to fix it.. "Reasonable expectation" is obviously trickier to define in some cases, but in general, these 'extended gaurantees' you can get in shops are a crock of ♥♥♥♥♥.
Anyway, going off topic a bit, but unreasonable contracts and EULA's are invalid in the EU if they try and remove any other lawfully given rights
2 year guarantees: http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html
"fit for purpose" (and other tips) http://news.bbc.co.uk/1/hi/magazine/8253915.stm
Unfortunately no one actually understands how those apply in many cirucmstances. Not that the law is bad, but this is an edge case scenario and unless you dig DEEP into the provisions you're giving legally incorrect advice.
Note in the SSA the following provision
Note bolded part above
Relevant UK passage
http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made
Note this exception to the right to cancel is verbatim what is in the SSA. In that once the performance commences you both agree that your right to cancel expires. This performance commences the second you SEE the game hit your inventory. Not when you download it, not when you play it. If it's in your library, your right to cancel is gone. You both agree to these terms (steam and consumer) and this is 100% legal within the framework of the UK Distance Selling Law.
Ergo the UK distance selling law ENFORCES the no-refund policy.
Note this provision is identical to EU consumer law as well. Thus any EU laws also effectively enforce the no-refund policy
The whole 5 year thing is that you have 5 years to make A CLAIM. but you still have to prove the defect happened within the initial 1 year warranty. It is NOT a carte blanche 5 year warranty where you can claim a part broke in year 4. You just have 5 years to make a claim on something that happened in year 1. This is frequently misrepresented by the media and is incredibly infuriating.
I can understand the distance selling act not allowing you to cancel once you start downloading, but if the game doesn't work, it seems weird there is no other recourse.
What would stop me selling (apart from word of mouth) some whizzo game that is actually
just a load of random data?
That's the bit that gets me. Still, you know more than I do, so thanks again for your replies.
Jamie (When I created this ID, I never thought I'd be using this id for anything other than logging into steam!)