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Changes to the Consumer Rights Act - rights for gamers to legally refund games in UK

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    Changes to the Consumer Rights Act - rights for gamers to legally refund games in UK

    Here's the full article taken from eurogamer:

    Changes to the Consumer Rights Act come into effect today - and give gamers better protection when it comes to faulty g…



    Changes to the Consumer Rights Act come into effect today - and give gamers better protection when it comes to faulty goods.

    For the first time anyone who buys faulty goods is entitled to a full refund for up to 30 days after the purchase. Before the change, consumers were only entitled to refunds for a "reasonable time".

    Of particular interest to gamers is increased protection for people who buy digital content. If digital goods are faulty, consumers are entitled to a full refund, or a replacement. This is the first time consumers have had clear legal rights for digital content.

    A number of high-profile video games have launched in recent years in what could be considered a "faulty" state, including Assassin's Creed: Unity, Halo: The Master Chief Collection, and the PC version of Batman: Arkham Knight.
    1

    Steam, the biggest PC video game digital platform with over 100m users, recently introduced a robust refund system that lets customers request a refund for nearly any purchase - for any reason. Other digital platforms, such as EA's Origin and GoG, have similar refund policies.

    Sony with its PlayStation Network, Microsoft with the Xbox Games Store and Nintendo with the eShop must also comply with the new Consumer Rights Act.

    The Act also covers second-hand goods when bought through a retailer.

    The Consumer Rights Act says goods must be:

    Satisfactory quality.
    Fit for purpose.
    As described.

    The rules for digital content are slightly different to those for physical goods. The Consumer Rights Act defines digital content as "data which are produced and supplied in digital form". Just like physical goods, digital content must be of satisfactory quality, fit for a particular purpose, and as described by the seller.

    Those terms are somewhat open to interpretation when it comes to video games, and the Act acknowledges games are more complex than other forms of digital goods, such as music.

    Here's the detail under the "digital content to be of satisfactory quality" section of the Act:

    It is the norm to encounter some bugs in a complex game or piece of software on release so a reasonable person might not expect that type of digital content to be free from minor defects. Consequently the application of the quality aspect 'freedom from minor defects' to digital content will depend on reasonable expectations as to quality.
    As with goods, quality does not refer to subjective judgements as to the artistic value of the content itself (e.g. whether or not a book was interesting or well written).

    If a digital good is considered faulty, the Act gives consumers the right to repair or replacement, and the retailer must do this "within a reasonable time".

    Repairs in relation to video games may be updates and patches issued by the developer. So what would a "reasonable time" mean in this case?

    Here's the Act:

    For an expensive, complicated piece of software which may require a patch to bring it in line with the contract (i.e. it may need to be repaired rather than replaced) the process might be expected to take longer. But, if the digital content was obtained with a specific purpose in mind, for example, when a consumer has paid an extra amount to have early access to an online multi-user game but the server crashed and so the consumer was not able to access the game early, a repair or replacement may not be possible so the consumer would be entitled to a price reduction of an appropriate amount.

    If the attempt at a repair or replacement is unsuccessful or impossible, the consumer can then claim a refund or a price reduction if they wish to keep the product.

    A refund in this case must be given within 14 days beginning with the day on which the trader agrees the consumer is entitled to a refund, according to the Act.

    Your rights under the Consumer Rights Act are against the retailer - the company that sold you the product - not the manufacturer, and so you must take any claim to the retailer. So, if you bought a game from PlayStation Network that turned out to be faulty, your refund request would go through Sony.

    If a dispute occurs, you'll be able to complain to certified Alternative Dispute Resolution (ADR) providers, which is a cheaper option than going through the courts.

    The new rules sound easy enough to digest in relation to paid-for games on PC and consoles. But what about free-to-download games?

    Here's an example of how the new rights would work in practice in relation to a free-to-download game, from Citizens Advice.

    You download a free game (for example, a virtual world) and build up some virtual currency in the game through your normal game play. You then buy some additional virtual currency in order to make an in-app purchase (for example, an item for their world). The item is faulty and doesn't appear in your virtual world.
    Under the Act, as the game is free, the provider does not have to provide a remedy for any faults in the game. However, once you paid a price for some content then, if the you can show that that content is faulty (that is, does not meet the quality rights), the provider will be liable to provide a remedy. The provider is only liable for faults affecting the chargeable elements of the game.

    It's worth noting the Act also enables a legal change that lets British courts hear US-style class action lawsuits, where one or several people can sue on behalf of a much larger group.

    Jo Twist, CEO of Ukie (UK interactive entertainment), welcomed the Consumer Rights Act changes.

    "Being able to access a fair refund or replacement for faulty digital content is just as important as a physical product," she said, "and these changes will give consumers confidence when they are purchasing games in the growing digital market."

    #2
    Someone should tell Microsoft

    Comment


      #3
      One point of concern - they've clarified "reasonable duration" but not "satisfactory quality".

      Who decides what is satisfactory? You may not be happy that Arkham Knight doesn't run at 60fps/1080p on your crappy PC, but is that "unsatisfactory"?

      Comment


        #4
        If the PC meets the minimum specification requirement, then yes.

        Comment


          #5
          Originally posted by MartyG View Post
          If the PC meets the minimum specification requirement, then yes.
          You've illustrated the point perfectly.

          Where is it engraved in stone that a game must run at 1080p constant 60fps at min-spec?

          You regard that as "satisfactory" but I'm sure the industry doesn't.

          Comment


            #6
            This isn't a new challenge. You have that with physical goods too. Some might be downright faulty and not in any way fit for purpose whatsoever but a lot are in the grey areas and interpretation. I think the difficulty will be less about the products being digital and more about the pitchfork and torches mentality of a lot of the internet, especially in gaming circles. If a game doesn't meet expectations, I imagine will see everyone riling each other up and going for refunds.

            And in some cases that might well be the right thing. But certainly not always.

            Although is Steam are already offering refunds and it isn't causing a major problem, maybe nobody will even notice this.

            Comment


              #7
              Originally posted by Dogg Thang View Post
              Although is Steam are already offering refunds and it isn't causing a major problem, maybe nobody will even notice this.
              Actually the opposite - it may cause a problem.

              Steam offers refunds, but only if the user...

              > Has owned the game for less than a duration (2 weeks, I think)
              > Has played the game for less than a duration (2hrs, I think)

              I think those are pretty fair, especially the 2hrs one as some games on Steam are really just an evening's entertainment for sub-?10.

              These new rules mean I could insist on a refund after playing 50hrs of a game, because I encounter some kind of minor fault, if I insist that a minor audio glitch on level 24 means the game dips below what I consider "satisfactory quality". Of course, I have to be a malicious consumer to do this, but it remains to be seen how many people fall into that category.

              This isn't about excusing massively buggy games; it's about the shades of grey - we know very well from this forum that some people's "unacceptable" is other people's "satisfactory".

              Comment


                #8
                Like I say, the shades of grey exist in physical products too. And refunds can be refused, again just like in physical products, if the person requesting it is taking the piss.

                Comment


                  #9
                  Originally posted by Asura View Post
                  You've illustrated the point perfectly.

                  Where is it engraved in stone that a game must run at 1080p constant 60fps at min-spec?

                  You regard that as "satisfactory" but I'm sure the industry doesn't.
                  It has to be as described - if the description states it runs at 30 fps and it does, that's fine. It it states it runs at 60 fps and it doesn't then it meets the criteria for a refund.

                  Under Steam purchases it matters little anyway as they can be refunded regardless.

                  The "There are no refunds for this item " is BS and quite a number of companies have been taking the proverbial on this for far too long, this act gives the rights back to the consumer and I'd say that was a good thing.

                  Comment


                    #10
                    There will always be grey areas when it comes to claiming what is and isn't 'satisfactory' or 'fit for purpose', because these are broad terms open to a degree of interpretation. But this is still a good thing.

                    Comment


                      #11
                      Yes, it's a very good thing.

                      Comment

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