Returning Software consumer rights?

tangerine_sedge

Hi, apologies if this has been covered previously, but a search didn't throw up what I needed..

Last week I purchased a PC game from a shop (where in the world?) which requires online validation via Steam. I have attempted the install but somehow the install has gone bad and now does not allow me to install. If I try to install it again, it now says that the SW is in use on another PC.

I have attempted to rectify this by contacting the Steam support page for assistance. I have had little response from them, my ticket seems to be sat in a long queue, and I'm starting to believe that they will never help me.

As I see it, I have 4 options :

(1) Give up and throw away £30. (it's only £30 but it's the principle!)

(2) Buy another copy and be more careful how I install it and write off the £30.

(3) Sit and wait for Steam to respond to my ticket, in the mean time I cannot use the software.

(4) Take the Software back to the shop for swap/money back.

How do I stand legally if I take option (4) and return the software?
Can I legally do this, or will they force me to chase Steam for resolution? Have I bought Goods or a service?

Has anybody got experience of this?

neilmcl

The item isn't faulty so therefore you have no rights of return, other than those offered by the retailer themselves and I'd doubt they'd accept software returns that haveb been opened. The only thing you can is wait for a resolution from Steam. Have you tried to remove all traces of the game from your PC?

CoolHotCold

Helps what sort of game was it?

ThumbRemote

neilmcl wrote: »

The item isn't faulty so therefore you have no rights of return

I think it's a dubious claim that the item isn't faulty.

Strictly, the retailer has to prove the fault is not with the item (ie in this case that the fault lies with the PC it has been installed on). If the technical support is not responding, they are failing to prove this and the OP is entitled to reject the item for a full refund.

System

SOGA only covers the physical medium for software not the operation of the program. So if the program loads there is no fault

tangerine_sedge

neilmcl wrote: »

The item isn't faulty so therefore you have no rights of return, other than those offered by the retailer themselves and I'd doubt they'd accept software returns that haveb been opened. The only thing you can is wait for a resolution from Steam. Have you tried to remove all traces of the game from your PC?

As I read it, the Goods (i.e. physical media) are not faulty, but the service (i.e. activation) is not as expected. I have a feeling that legally, I have to wait for the service provider to resolve, but they are not really very helpful so far, hence seeing if there was a faster resolution available to me.

I've tried totally un-installing and installing, but Steam seems to have got it's knickers in a twist. It's probably a 30 second change to my account details on the steam server that's required, but their support seems to be in the US, and there is no way to contact them other than through raising a support ticket, which has no SLA and don't seem to be responded to.

If nothing else, I'll have learnt never to buy another Steam enabled game.

I might just chance my arm, and see if I can return, they can only say no. It's likely that the person behind the checkout knows even less about the law thatn I do

Elle7

Steam are usually very good - what's the problem exactly?

I've got a lot of steam-activated programs, so I might be able to help if its a common problem? Did you try the Steam forums?

The tickets are usually responded to relatively quickly.

George_Michael

!!!!!! wrote: »

SOGA only covers the physical medium for software not the operation of the program. So if the program loads there is no fault

I find this hard to believe. Surely if the disk itself is fine and the program loads okay but doesn't actually run then the software must be classed as not fit for purpose.

Saying that the operation of the program isn't covered by the SOGA is like saying that if someone purchased a mobile phone and they were unable to make calls due to a software problem then provided the physical medium (the phone) was okay, the buyer has no right to a remedy under the SOGA.

System

International Computers Ltd v St Albans District Council
where Sir Iain Glidewell suggested that the classification of the contract would depend on the manner in which the software is supplied. According to Sir Iain's analysis, the software, being a set of instructions, in the form of an algorithm, to the computer to carry out an operation, is not goods, with the result that a contract for the supply of software as such is not per se a contract for the sale of goods. The rationale is that software as such, is intangible, and that "goods" must be tangible. However, Sir Iain was obviously anxious to minimise the scope of the lacuna in sales law thus created and therefore went on to add that where software is supplied on a physical medium such as a CD or DVD the physical medium would be goods, and subject to the SGA, (assuming the remaining requirements of section 2 of the SGA are satisfied)

Embedded software (firmware) is considered to be part of the phone and is therefore covered

Taken from 'Consumer Rights in Digital Products' on the bis.gov.uk site

tangerine_sedge

Elle7 wrote: »

Steam are usually very good - what's the problem exactly?

I've got a lot of steam-activated programs, so I might be able to help if its a common problem? Did you try the Steam forums?

The tickets are usually responded to relatively quickly.

I installed the Software using my existing steam account, uninstalled as it was on the wrong disk (SSD system disk) and then re-installed on the correct disk (my apps disk). As part of the process, steam wants me to authenticate the 'new' install which I can't do as I no longer have access to the original e-mail. I have tried creating a 'new' steam account to do the install, but this is seen as trying to register the software on a different account and not allowed.

I accept that this is not steams fault, but I have been waiting 6 days for them to change my email address, with no real progress. It's rather frustrating as I have the media and a key that I have bought but cannot use because of the online registration.

System

So there is no fault with either the media or the program and therefore no retailer liability