Digital downloads covered under sale of goods act?

Retrovertigo

I was wondering if a videogame digital download was covered?

I own an Xbox 360 and have been playing a game called The Walking Dead. It is an episodic release and the fifth and final chapter was released a short while ago.

Now, this game has hit a number of people with a recurring bug where it doesn't load a save game and instead starts the game again from the beginning.

This has just affected me for the third time. Only now I am at the final episode some 9-10 hours into the game.

I contacted Microsoft (seeing as the game is purchased using MS points from their online store) but they wiped their hands of it and asked me to contact the publisher. I have done as they asked, but the published - Telltale games - seem to have a bit of a reputation for basically ignoring this bug.

I have told MS I want a refund as I'm not prepared to start playing through 10 hours of game again, and have no idea if I get hit by the same bug.

To me, the game isn't fit for its purpose if it keeps breaking like this and I don't think it is unreasonable to want a refund seeing as I may never be able to finish the game

That plus I think the buck stops with MS as I bought it from them through their online service?

thanks for any feedback.

unholyangel

Retrovertigo wrote: »

I was wondering if a videogame digital download was covered?

No, sorry. They're not tangible. Plus even if they were, UK law wouldnt apply if they arent a UK company (ie registered within the UK).

shocky_2

SoGA doesn't apply to downloads. However, you can rely on the common law of "implied terms". This is a doctrine which says terms necessary to make a contract work will be implied into that contract. I think it would be quite easy to show there is an implied term that the game should work without an unreasonable level of problems.

The problem with relying on implied terms is that - unlike SoGA - implied terms can be varied by Microsoft's terms and conditions. You will need to read the T&Cs of the Microsoft store. I suspect the T&Cs will have a term saying that there might be bugs in games. You are still protected by the Unfair Contract Terms Act 1977 which prevents unfair terms in consumer contracts, I don't know whether a term which says "there might be bugs and your saved games can be deleted" would be unfair under the Act. If you couldn't run the game you would be OK but as you have already played for 9 hours the position is a bit unclear.

Your contract will be with Microsoft since you bought the game from them on their store. I don't think they can fob you off and just tell you to contact the publisher. It is worth briefly checking the T&Cs about this though.

Realistically I think it will be difficult for you to get a refund. You could try making an official written complaint with Microsoft explaining that they are in breach of contract and seeing what they come back with.

shocky_2

unholyangel wrote: »

Plus even if they were, UK law wouldnt apply if they arent a UK company (ie registered within the UK).

It turns out that, under European law, consumers who buy something from a business which sells to their country are entitled to rely on their local law.

See Article 16 EU Regulation 44/2001 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0044:EN:HTML).