iphone purchase consumer rights?

savingup80

I just purchased an app on iphone (as a gift) but the person already has the app and I emailed itunes for a refund within 3 minutes of purchasing it. They said they dont refund gifted apps but I can give it to someone else.

What are my consumer rights? Do I not have any because itunes is U.S. based? Or because an app is a service not a good?

Thank you

wealdroam

savingup80 wrote: »

I just purchased an app on iphone (as a gift) but the person already has the app and I emailed itunes for a refund within 3 minutes of purchasing it. They said they dont refund gifted apps but I can give it to someone else.

What are my consumer rights? Do I not have any because itunes is U.S. based? Or because an app is a service not a good?

Thank you

You have no right to a refund just because you have changed your mind.

Of course it doesn't help if the vendor is US based, but unless it is faulty or their terms and conditions allow it, you have no right to a refund even if they were UK based.

You need to do your research before purchase.

As advised... give it to someone else.

savingup80

Thank you for your curt reply, sometimes mistakes happen in communication, and in this case there was a misunderstanding about the app name (only one letter difference to the required app), regardless of doing "research" before you purchase. I imagine distance selling rules and the 7 day cooling off period do not apply.

Thank you

arcon5

savingup80 wrote: »

Thank you for your curt reply, sometimes mistakes happen in communication, and in this case there was a misunderstanding about the app name (only one letter difference to the required app), regardless of doing "research" before you purchase. I imagine distance selling rules and the 7 day cooling off period do not apply.

Thank you

They do apply. But DSR rules surrounding 'services' differ to that of tangible goods. With a service you forfeit your right to cancel once the service has began. They would be able to argue that the service is now openly available for download and thus begun.

Have you told them that you purchased the wrong one and explain the similarities in name and asked to exchange it? Rather than asking for a refund. You may be able to appeal to their good nature.

wealdroam

arcon5 wrote: »

They do apply. But DSR rules surrounding 'services' differ to that of tangible goods.

But as the Distance Selling Regulations is UK legislation, and the OP has told us the service provider is US based, then how can the DSRs possibly apply?

arcon5

wealdroam wrote: »

But as the Distance Selling Regulations is UK legislation, and the OP has told us the service provider is US based, then how can the DSRs possibly apply?

They don't, it's just silly me overlooking the US part of the op

unholyangel

Even if they did apply, it would likely fall under Regulation 13 (Exceptions to the right to cancel) Pretty sure any time i've purchased an app it states once purchased, it cannot be cancelled/refunded.

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

savingup80

Thanks guys, this is all really helpful, and has clued me in for future online purchases.

squeaky

This, from our ReadMe sticky may be of some help...

For shopping in the USA the following link may be of some help:-

The Better Business Bureau This is an American site which may be of help to members who are experiencing problems when buying from the USA.

ShaneUK

What's the app? Someone on here might take it from you, and in turn, gift you an app in return of similar value? No swapping of home addresses required, so I don't thinkit would be in breach of forum rules to do this?

tomwakefield

ShaneUK wrote: »

What's the app? Someone on here might take it from you, and in turn, gift you an app in return of similar value? No swapping of home addresses required, so I don't thinkit would be in breach of forum rules to do this?

It would still leave the person who gifted first with the possibility of the other person reneging with no comeback.