Apple Store - All Sales Are Final - Advice Please!

sarumane

Hi All

I purchased an application (app) from the apple store (downloaded through my iPhone)and it doesn't work. I also have a charge for an in-game purchase from a different app I know I didn't make and no-one else has access to my phone. My phone is password protected.

I emailed them and they said all purchases are final.

I know there are different consumer rules about software but surely this is different. Ok, I buy a game for my PC and it's too old to run it - my fault. But buying from a closed store, software products designed specifically for my hardware - c'mon consumer law.

Can I argue that 'all purchases are final' is an unfair term and condition in the sale of the item. I really think these guys need challenged. Can anyone help?

Thanks

saru

Wintermute

Have you tried requesting a refund through iTunes as detailed here?

See also: http://osxdaily.com/2010/11/13/iphone-app-refund/

While Apple officially says that all sales are final, in practice this is not always the case, as technical claims have resulted in refunds.

sarumane

Hi All

Winter - the report a problem didn't work. I emailed them through:

www. apple. com / uk / support / itunes / contact.html

they responded and said no. I asked if they wanted a test case in court about whether the term was unfair. They said they would refund me as a goodwill gesture.

Regards

saru

sarumane

sorry for the spaces - apparently I am not allowed to post links!

S0litaire

That's a good thing about Google's Android Marketplace...

You get between 15 mins and 24h to uninstall an app and get a refund.
(It's currently 24h but they are shortening it to 15m soon.)

benbranson

sarumane wrote: »

Hi All

I purchased an application (app) from the apple store (downloaded through my iPhone)and it doesn't work.

I would think you should be entitled to a refund under the sale of goods act. The item you have bought is not fit for purpose, i.e. it doesn't work.

You might have to prove that this is down to the app and not a fault with your handset, which could prove difficult though. Actually, thinking about it more, as it is less that 6 months since purchase it should be down to Apple to prove that the app wasn't faulty.

sporedude

benbranson wrote: »

I would think you should be entitled to a refund under the sale of goods act. The item you have bought is not fit for purpose, i.e. it doesn't work.

You might have to prove that this is down to the app and not a fault with your handset, which could prove difficult though. Actually, thinking about it more, as it is less that 6 months since purchase it should be down to Apple to prove that the app wasn't faulty.

Apple dont sell the apps, and I'm sure digital goods arent covered

spaceman5

i downloaded an app that said free on it, after a few days i noticed 59p had come out of my account, i emailed thru itunes and it got refunded, i know its not alot, but it was the principle, it said free, so i should have got it for free

benbranson

sporedude wrote: »

Apple dont sell the apps, and I'm sure digital goods arent covered

I wasn't sure when I posted (hence 'I would think...'), a quick google gives http://www.guardian.co.uk/money/2010/dec/17/warning-digital-music-film-purchases which shows that you are correct about digital goods. Interesting & something that I wasn't aware of.

However, I think that you do buy the apps from Apple - they charge your card & take your money. Although they do not produce the content, the app developer does. Bit like when you buy a CD from HMV - HMV have sold you that CD & your contract of sale is with them, although they have not produced the CD.

It appears that it doesn't matter who sold you the app, you have no recourse if it does not work. Meaning that Apple appear to be within the law with their 'all sales are final' line.

Something that needs looking into in my opinion - they can sell you sonething that doesn't work and then just say 'Tough, sorry'.