Refund of Downloadable Game

Azza75

Hi,

I was buying a Nintendo DS game from Game website. As far as I was concerned I was ordering the game to be posted out to me, that was until I got an email saying I had ordered a downloadable game and I had been sent an activation code. I got straight onto Game to cancel my order and was told by the receptionist that someone would phone me back.

So I received a call today from a lovely girl from Game to advise that once an activation code is received the goods cannot be refunded as receiving the email is like opening an actual games box.
So I've been on their website and under Help it states...
Can I cancel my order for a download item?
If you contact customer services we will be able to cancel that for you.

So I contacted customer services and was told I couldn't get a refund. Surely this can't be right as if I had returned a game still sealed, I would get a refund. So surely as I haven't activated the email, I'm entitled to a refund.

shaun_from_Africa

Azza75 wrote: »

So I've been on their website and under Help it states...
Can I cancel my order for a download item?
If you contact customer services we will be able to cancel that for you.

That's only part of what it actually states. You've left out the most important part.

Can I cancel my order for a download item?
If you contact customer services we will be able to cancel that for you. Please note that once you have received your Activation email, we will not be able to cancel that for you.

Receiving an activation e-mail might class the same as opening sealed software due to the e-mail containing an activation code.
Once you've opened software, you lose the right of cancellation under the distance selling regulations.

IMO, it's a bit of a grey area, and it might be worth contacting Game again and tell them that you wish to cancel the contract under the DSR's and point out to them that the item you purchased hasn't been activated or used.
It probably won't help, but there is no harm in trying.

wealdroam

OP, did you by mistake order a downloadable game?

Or did you order a game to be delivered through the post which for some unknown reason was mistakenly processed as a download by Game?

If it was the second scenario, then you should be able to get a refund.
Of course you may have difficulty in convincing Game of this.

DevCoder

Shaun is correct, download"able" software with an email activation code is generally counted as unsealing it and is thus exempt under 3.38 of DSR.

You can try and argue and see if they will listen to reason but I wouldn't hold out much hope tbh.

Just curious why is a digital download of the game not acceptable to you compared to a physical game cartridge?

Azza75

Thanks for all of your replies. I know that I did not quote the second part of the answer, the reason I did this was because they state that you can cancel an order which I tried to do straight away, bit if a contradiction seeing as you receive the email as soon as the order has been placed, so when are you able to cancel?

I ordered the game from my phone but I'm sure I selected buy now as this is a christmas present, a download is not what I'm after.

I just think it's crap that Game are not willing to refund me and then I could buy the actual cartridge.

WTFH

Azza75 wrote: »

Thanks for all of your replies. I know that I did not quote the second part of the answer, the reason I did this was because they state that you can cancel an order which I tried to do straight away, bit if a contradiction seeing as you receive the email as soon as the order has been placed, so when are you able to cancel?
.

You can cancel if your order is pre-release.

wealdroam

Azza75 wrote: »

I just think it's crap that Game are not willing to refund me and then I could buy the actual cartridge.

You now have a usable activation code.

If they were to refund you, what is to stop you or someone else downloading the stuff and using your code?

Chickabiddybex

You could always sell it on eBay or something (the code) or put it in a fancy card and give it to the giftee anyway. I know not as exciting but does the job.

unholyangel

krisdorey wrote: »

Shaun is correct, download"able" software with an email activation code is generally counted as unsealing it and is thus exempt under 3.38 of DSR.

You can try and argue and see if they will listen to reason but I wouldn't hold out much hope tbh.

Just curious why is a digital download of the game not acceptable to you compared to a physical game cartridge?

Downloads are considered services rather than goods. Nothing to do with unsealing (no seal on it so it cannot be unsealed by customer anyway!).

(3) Subject to regulation 9, prior to the conclusion of a contract for the supply of services, the supplier shall inform the consumer in writing or in another durable medium which is available and accessible to the consumer that, unless the parties agree otherwise, he will not be able to cancel the contract under regulation 10 once the performance of the services has begun with his agreement.

So if they haven't informed you in a durable medium, you don't lose your cancellation rights.