Apple Adds New 14-Day Return Policy for iTunes Digital Goods in EU Countries

[Jessica Lares]

Isn't it a given that you should get a refund for something you HAVEN'T downloaded?

Otherwise I easily returned around 10 apps in the last two months with no issue.

 

[Southern Dad]

The way I'm reading it, you get a download if you buy it but don't start the download. I've had apps that I've purchased that weren't downloaded for one reason or another. The most common reason being size and not on WiFi.

 

[kolax]

This has nothing to do with getting a refund due to a faulty or poor quality product. This is about getting a refund on an item you have decided you no longer want. Just the same as in real life, you get a short window in which you can take it back without giving a reason. If an app sucks you can ask for a refund, and have always been able to do so.

As soon as I hit buy on anything in the iTunes store, it auto downloads, rendering this policy useless.

The way I'm reading it, you get a download if you buy it but don't start the download. I've had apps that I've purchased that weren't downloaded for one reason or another. The most common reason being size and not on WiFi.

Not what the wording of this policy says. As soon as you initiate (even if you cancel before it's finished downloading) then you aren't covered by this policy.

 

[manu chao]

I don't get it. Doesn't the last paragraph make it all redundant

When I purchase or rent a movie I am getting asked whether I want to download it right away or not. If I don't download it right away, I would presumably be covered by this new return policy.

 

[Meister]

The way I'm reading it, you get a download if you buy it but don't start the download. I've had apps that I've purchased that weren't downloaded for one reason or another. The most common reason being size and not on WiFi.

It seems that unlike many other posters you have actually read the OP.

is not doing this out of courtesy. At least germany has a law that gives customers the right to return any product purchased online within 14 days. I am not sure if you can actually forfeit this right and I think has to give you a refund even if you already downloaded it. I am surprised that this hasn't occured to me yet. Sueing time!

 

[gnasher729]

... So they can download the content, i.e. books, music etc., copy paste it to their desktop, and just say that they didn't mean to and keep it for free? That's.... dumb...

Read the article carefully. The cancellation right ends at the second you start downloading.

 

[ackmondual]

I'm still not sure what EU folks are getting out of this

On the other hand most apps are really bad, crash a lot and are totally not worth the money! Unfortunately there are no demos/ trials at the Appstore.

It's about time you can request a refund! Google Play has this for years now.


I aggree that 14 days are too much vor digital content though. 2 - 12 hours is enough.

IIRC (and in the US), GP gives you 15 minutes to return an app. Even 2 to 12 hours, let alone 14 days is far more generous than that.

OTOH, there appears to be more free versions of apps (ad supported though) on GP vs. AppStore. If you don't like it, just delete it, as you didn't pay anything for it (minus bandwidth to stream the ads).

 

[poppy10]

Doesn't change a thing. iTunes auto-downloads once you have made a purchase, thus immediately invalidating the 14 day returns period.

This is just like their token compliance with the European legislation requiring microUSB compatibility. Pretty much making a mockery of the whole process.

 

[wschutz]

I aggree that 14 days are too much vor digital content though. 2 - 12 hours is enough.

The 14 days is likely to be in line with other regulations where an online purchase from a store in the EU gives the buyer a right to return the product within 14 working days, no questions asked (and not only you are entitled to the full refund of the product but also to the shipping costs if you paid for them to get the product delivered to you, obviously... the return shipping costs... you pay for them

One of the few things I am proud of the EU as a citizen and member is this framework of consumer laws. It is true than in the US, customer service is supreme though not because of the legislation, but rather because of competition (a business cannot afford losing a customer and even worst an angry customer). However, competition is fierce everywhere, and whether a company wants to offer 30 days return policy, or not, it is still good to have a minimum to keep in mind because the customer is not just a cow to pop out money and make sure to keep happy so the money keeps flowing.

 

[unplugme71]

I'm confused what this is meant for - if you agree to start the delivery (download) of a digital purchase, then you can't have it refunded. So when will this ever be useful?

if you purchased something and have it 'download for later'. You can cancel your order since it didn't download to your device yet.

 

[Ironduke]

I love EU consumer law

LOVE IT

 

[JyriKilpelainen]

I live in Finland and I just tested this. I bought an $0.99 game on Christmas. I've now completed 50% of it and it's still installed on my iPad Mini. I cancelled the order via iTunes (which opens a website where you actually do it).

I then received 2 emails confirming the refund. The money should be on my account in 5 to 7 working days.

The game is naturally still fully playable. It's not listed anymore on My Purchases. Interesting to see if I get any game updates after this.

Needless to say, this sucks big time for game developers. We're currently working on our third game and we were thinking about releasing it as a premium title. Now I'm seriously considering making the game free with ads.

 

[mw360]

I live in Finland and I just tested this. I bought an $0.99 game on Christmas. I've now completed 50% of it and it's still installed on my iPad Mini. I cancelled the order via iTunes (which opens a website where you actually do it).

I then received 2 emails confirming the refund. The money should be on my account in 5 to 7 working days.

The game is naturally still fully playable. It's not listed anymore on My Purchases. Interesting to see if I get any game updates after this.

Needless to say, this sucks big time for game developers. We're currently working on our third game and we were thinking about releasing it as a premium title. Now I'm seriously considering making the game free with ads.

Yes, it's a potential disaster. It even applies to IAP.

But read the linked article, not the MR muddle. The right to refund is lost if the user gives consent. If they haven't added it already Apple will eventually add the necessary process for that consent and everything returns to normal. Except maybe we'll get an extra popup before every purchase. Thanks EU.

 

[mw360]

I love EU consumer law

LOVE IT

Like all good EU laws the upshot of this one will be more words - a few extra lines in user agreements everywhere and maybe an extra popup, like those ****** annoying cookie popups that nobody wanted and changed absolutely nothing.

There's good stuff in the directive, but this is just a massive waste of time. Every single software vendor will seek to opt out and the directive gives them a way to do it.

As consumers, do we want an extra clause in a user agreement or an extra popup or tick box slowing down our purchase? Not at all. The EU could just have said, 'you can't refund a digital good once you've downloaded it,' but no, they have to impose this pointless rigmarole on us instead. Again, nobody wins but the lawyers.

 

[Ironduke]

Like all good EU laws the upshot of this one will be more words - a few extra lines in user agreements everywhere and maybe an extra popup, like those ****** annoying cookie popups that nobody wanted and changed absolutely nothing.

There's good stuff in the directive, but this is just a massive waste of time. Every single software vendor will seek to opt out and the directive gives them a way to do it.

As consumers, do we want an extra clause in a user agreement or an extra popup or tick box slowing down our purchase? Not at all. The EU could just have said, 'you can't refund a digital good once you've downloaded it,' but no, they have to impose this pointless rigmarole on us instead. Again, nobody wins but the lawyers.

and devs releasing ****

 

[mw360]

and devs releasing ****

Irrelevant. Your rights to a refund on faulty software is unaffected by this directive and the exclusions to it.

 

[cmwade77]

This should be done across the board, but should have an option when you uninstall an App or delete music, etc. within the 14 day window to automatically request a refund.

But it should require that the applicable file(s) be deleted before allowing the refund.

 

[MasterRyu2011]

That sounds like a terrible idea for the App Store. Most mobile games are pretty short and can easily be finished within 14 days, I can see people finishing a game then requesting a refund

Wow..let's not fight for the consumer..

 

[kolax]

if you purchased something and have it 'download for later'. You can cancel your order since it didn't download to your device yet.

I have never used this ability, so wasn't aware it was a problem.

 

[dyn]

I'm confused what this is meant for - if you agree to start the delivery (download) of a digital purchase, then you can't have it refunded. So when will this ever be useful?

Apple will have to obey EU regulations/directives no matter what their EULA or any other kind of agreement says. If they don't they'll get fined.

If you read things carefully you'll notice that the download has to be initiated by you as the user. The only problem for Apple is that it is not the user who is initiating the download, it's done automatically by the store. The button clearly states "buy" and not "buy and download" nor do you have to buy first and then download separately. This can be different for in-app purchases.

Page 64 (chapter 12 "Online digital products") of this directive guidance document has all the info you need and tells you how to interpret the new consumer directive.

On page 66 we find the following:

This means the consumer has to take positive action, such as ticking a box on the trader's website. Expression of consent and acknowledgment by means of a pre-ticked box or accepting the general terms and conditions is not likely to satisfy the requirements of Article 16(m).

The only expression of consent and acknowledgment is done via the general terms and conditions which, as the above quote already says, is NOT in line of the directive and therefore is unlawful. Apple has to change the system where the user can give that expression of consent and acknowledgment. Which would also make it compliant with another demand (continuing on page 66):

In addition, Article 8(7) specifically requires traders to include, in the confirmation of the contract, confirmation of the above-mentioned consent and acknowledgement before the start of the performance (see also Chapter 5.4. on the confirmation of the contract).

And since this part is not being met by Apple, the following applies:

If any of these conditions is not fulfilled, Article 14(4)(b) applies and entitles the consumer either not to pay for the content received or be reimbursed for the amounts paid:...

Apple has to refund it, no matter what that clause says since there is no way for customers to give their expression of consent and acknowledgment. I wonder if we get another change to the stores where there will be such a mechanism (probably an additional popup message you have to click) for the EU or if that small clause gets removed.

Irrelevant. Your rights to a refund on faulty software is unaffected by this directive and the exclusions to it.

Exactly, or as the guidance document says on page 65:

This means that in both these cases, unlike that of the withdrawal from the provision of services (see Chapter 6.5.), the consumer has no right to 'test' the digital content during the right of withdrawal period.

 

[0098386]

Good! Steam have been doing this for years to EU customers. Gotta love this place sometimes!

I think the only digital stores (that I use at least) that don't offer refunds are the console ones - Sony, MS and Nintendo.

 

[AlecZ]

This doesn't really mean anything. It just means that Apple are legally bound to give you a refund within 14 days of purchase, if you're an EU customer. If you download the purchase within those 14 days, they are not inclined to give you a refund.

In short, if you buy a game, download it and play it, then decide you don't want it and ask for a refund, they don't have to refund anything because you downloaded the purchase.

Thanks for the clarification. I thought you could download it too. I was going to say you could just download music and copy it then get a refund.

 

[gnasher729]

As soon as I hit buy on anything in the iTunes store, it auto downloads, rendering this policy useless.

Not what the wording of this policy says. As soon as you initiate (even if you cancel before it's finished downloading) then you aren't covered by this policy.

It seems Apple would have to implement "Buy" and "Download" buttons separately to be legally on the safe side. Since this is inconvenient to most buyers, they could look at your purchase + returns history and download automatically if you haven't done many returns (which means you can get a refund and then illegally keep a copy of the downloaded music).

As consumers, do we want an extra clause in a user agreement or an extra popup or tick box slowing down our purchase? Not at all. The EU could just have said, 'you can't refund a digital good once you've downloaded it,' but no, they have to impose this pointless rigmarole on us instead. Again, nobody wins but the lawyers.

As a customer, I _would_ like to get a refund if I buy the wrong item by mistake. And obviously I wouldn't want to keep the item. So I think it would be fine if you get a refund that Apple deletes whatever you downloaded.

 

[Glassed Silver]

Since you read the article, and nobody else did, where does it say that you can no longer request a refund for poor quality goods?
[...]

"Exception to the right of cancellation: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right."

I usually see my expectations of a product blown after checking it out, which implies downloading it.

[...]
Not really, that's just the headlines talking. The ruling means that if you sell some software the original distributor cannot sue either party for copyright infringement when the new purchaser starts downloading it and distributing it on their devices. It doesn't say anywhere that Oracle needed to facilitate the sales with some kind of second-hand software store.

You can sell your copy of Flappy Bird and nobody can sue you for it. Transferring it between phones and getting it running without proper activation is your own problem.

Hmm, interesting, I had read about that earlier on and the way I understood it back then where I originally read about it, it seemed that what I assumed was the case.

Must have not understood it properly then and remembered the wrong conclusion.

The link I gave was merely something I googled I have to acknowledge.
Didn't reread the story on there, probably should have done that first.

Anyhow, thanks for telling, clears up who to talk to in case one wants such a right in the EU - legislators, not judicators.

Glassed Silver:mac

 

[576316]

Thanks for the clarification. I thought you could download it too. I was going to say you could just download music and copy it then get a refund.

Yeah, no. You couldn't do that. Refund policy becomes void the minute you download the purchase.