xbox Live / Playstation Network - consumer rights

Astroboy_2

Does anyone have a guide to our consumer rights when it comes to DownLoadable Content (DLC) for video games.

I have recently had a problem; I have an xbox 360 and started playing Ubisoft's 'Assassin's Creed 2'.

After 30 hours of time consuming gameplay, I finished the game.

Ubisoft then released a cut/ extra level to download from Microsoft's 'xbox Live Marketplace' platform.

Microsoft does not allow direct purchasing of game content in Pound Sterling but insists you purchase 'Microsoft Points'. So I used a credit card to purchase 500 MS points.

I then used 320 of these points to download Ubisoft's 'Assassin's Creed 2: The Battle of Forli' add on level.

I booted the game, selected to play 'The Battle of Forli' level. After a glitchy cutscene, the game started and then immediately froze! I had no choice but to reboot the console.

Upon restarting the game, I tried to reload the level but it said the game's Save Data had been corrupted, rendering the past 30 hours and the new level useless.

I reported the fault immediately to Ubisoft on the 2nd of February who had a terrible response process. They sent sent no real response and sent 4 messages claiming that they would assume my problem was sorted if they didn't hear from me.

Their final real response was thus:

Hello,

Unfortunately we can neither refund you are supply you with another saved game. Save game corruptions are a massive inconvenience but they do happen for time to time. The only solution here is to play the game from the start.

Regards,
Ubisoft Technical Support.

My response was thus:

I am not satisfied with your response or 'solution'.

It was either your game or you DLC update that was at fault.
More extensive bug testing or a multiple game save option could have solved or reduced the likelihood of this problem.

Replaying 30 hours worth of game time simply to be able to play 1 hours worth of DLC I had bought is not a viable solution.

I would like a refund of the DLC as you have sold me a product that is not fit for purpose, is faulty and damaging.

I would like contact details of your senior manager promptly as I would like to file a complaint.

I will also be contacting the Office of Fair Trading, the Citizens Advice Bureau and raising this issue in wider consumer rights circles as I am not satisfied with your response or solution.

I eagerly await your prompt response.

Can anyone advise what my/our consumer rights are, when it comes to downloadable content for video games?

xbox Live Marketplace warns that DLC is non-refundable. Does this notice apply if the content is buggy, game breaking or not working?

Who really owes me my refund?

• It is Ubisoft's DLC that was faulty. But technically it damaged the save game. The DLC may technically be playable if I replayed the whole game (Although I'd hate to do that a second time especially if it just crashed again?!)
  
• I bought the 500 points from Microsoft soley for the DLC but that only cost 320 points. Can I get a full or partial refund of them?
  
• I also bought the points on a credit card so should they refund me?

I think this whole area needs clarifying in general for xbox, Playstation, Wii and PC.
Does anyone have a phone number to call to complain directly?

HELP!!!!

DrScotsman

Unfortunately we can neither refund you are supply you with another saved game

Took me a while to get that, who gets "or" and "are" confused and then gets a job responding to emails!? EDIT: Oh the irony, only just realised it should be nor. Nonetheless my mistake wasn't half as bad.

Your complaint is with whoever sold you the DLC, which I believe in this case is Microsoft. I would argue that the DLC was not fit for purpose under the Sale of Goods Act (or is this technically a service?) as it was implied that had you completed the original game you could download it and play it, which is now no longer the case. Actually you should really look at the DLC's description for anything that you could say has been contradicted by your save file deletion (e.g. it might say something similar to what I say is implied), it would really help your case.

I don't know whether or not you an get the whole 500 points refunded. I imagine you probably can, since you purely bought those points so you could buy the DLC, but I really don't know what law you need to be refering to.

I assume 500 points cost under £100, so your credit company will be no good unless it was a VISA credit card, see VISA Chargeback in Martin's section 75 guide.

Astroboy_2

It might be possible to play the DLC separately from a fresh game however I would prefer to play the game with my levelled up character in chronological narrative order. Especially after investing 30+ hours into it.

500 points costs £4.25 and 320 is about £2.75. All in all pocket change but it is the principle and inconvenience of it all. Especially with the whole immediacy of the ripping off and corruption of my gametime.

grrrr!

DCFC79

Have you tried downloading the level again, have you asked on xbox.com forums

Takoda

Have you tried searching on dedicated gaming forums to see if anyone else has had the same problem? I would've thought that if it had happened to other people it might make your position stronger.

I'm a gamer but only on PS3 and Wii and haven't bought any extra downloadable content so am unable to help. I've also never bothered with the Xbox because of reliability issues.

custardy

interesting point,cant really give advice but will be interested to see how this goes

DCFC79

If you want a number for microsoft then theres 1 on the xbox.com website under support

jdturk

the principle maybe to chase it but I'm guessing you have spent excessive time already on this (more than an hour!) and is your time worth £2.75 an hour...if it is can I hire you to clean my house?