Not accepting an EULA on a game for xbox.

paulttt

Just a hypothetical question really.

I've recently purchased a game from Argos, and as per their returns policy, if software is opened it can not be returned (unless faulty).

Now this game has upon launching 13 pages of EULA, so after scrolling through and reading every last bit of information I clicked "accept" and enjoyed playing.

If for arguments sake I didn't agree to the EULA, the game can not be played, thus rendering it useless.  So where would one stand on this?  Would I be able to get a refund?  Would this be from the game company or the store purchased from.


I must reiterate, this is entirely hypothetical and just for my own curiosity. 

Lomast

It would partly depend on if it were an in-store or online purchase, if in store then no automatic right to return only under what ever terms the store offers goodwill returns.

Mickey666

Interesting question.

I'm sure you must have a right to a refund to a refund and I suspect it would be with the store because they will not have allowed you to fully examine the product and more specifically the EULA terms.

This assumption is based on the fact that the purchase contract is with the store, but the EULA agreement is with the software company - or would be if you were to accept it, but since (in your example) you do not wish to accept it then there is no contract with the software company, so why would they be liable to pay a refund?

paulttt

Lomast said:

It would partly depend on if it were an in-store or online purchase, if in store then no automatic right to return only under what ever terms the store offers goodwill returns.

But as @Mickey666 says, the EULA is actually displayed on screen, not on the box or in an instruction manual.

Mickey666 said:

This assumption is based on the fact that the purchase contract is with the store, but the EULA agreement is with the software company - or would be if you were to accept it, but since (in your example) you do not wish to accept it then there is no contract with the software company, so why would they be liable to pay a refund?

This is true, as in my contact would be with the retailer, and no contract would be entered into with the software company until the EULA was accepted.

As I said previously this is for my own curiosity, and popped into my mind whilst enjoying crash bandicoot trilogy (amazing game BTW). 

powerful_Rogue

Research beforehand would be key. I've just googled a few games and found all their EULA's online to easily view.

the_lunatic_is_in_my_head

Mickey666 said:

I'm sure you must have a right to a refund

What do you base this on? 


www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;

Companies like supermarkets won't accepted open software either.

www.tesco.com/help/returns-policy/

For purchases of DVDs, CDs and gaming software sold via a disc, we accept products that are sealed and unused. Unsealed change of mind returns will not be accepted.

I also don't see how choosing not to accept the EULA would mean that the goods didn't conform to the contract. 

neilmcl

I agree with @the_lunatic_is_in_my_head's assessment.

MattMattMattUK

I do not think you would be entitled to a refund, but I can not cite a source on that. I am basing it on the fact that you have purchased the goods, opened the goods, the effectively decide that you wish to change your mind after the fact. 

Also, an EULA does not really bind you in any way further than normal law would anyway, eg. they can not claim your house, first born child etc. even if it states their right to in the EULA. Also most video game EULAs are virtually the same, for XBox, Playstation and Nintendo platforms the EULAs are regulated by the platform so they can not add anything in which is dubious. 

Mickey666

MattMattMattUK said:

I do not think you would be entitled to a refund, but I can not cite a source on that. I am basing it on the fact that you have purchased the goods, opened the goods, the effectively decide that you wish to change your mind after the fact. 

Fair enough.  I'm of the opposite view, but also cannot cite a source so I could well be wrong.

I'm basing my view on a basic tenet of consumer law (UK at least) that the purchaser should have the right to fully examine a product before deciding to buy.  The Distance Selling regulations were specifically introduced to protect this 'right of full examination' when goods were purchased by mail-order or online, where the customer has had no chance to properly examine the goods and there is given the right to an unconditional return.  'Unconditional' meaning just that - no justification is necessary.  Return the product, get a full refund.

So, based on that principle, it is not possible to know for certain there is a EULA (or some other) compulsory agreement within purchased software until the packaging is physically opened and the software is installed.  Even a running demo of the software in a shop would not reveal the presences of a EULA agreement since they usually only appear during installation.

@powerful_Rogue's point about searching for the EULA agreement online prior to purchase is, I think, somewhat irrelevant because it assumes that the customer already knows or suspects there is such an agreement embedded in the software.  It hardly seems in the spirit of consumer protection to require the consumer to have such detailed and expert knowledge of a product before purchasing, otherwise what would be the point of the Distance Selling legislation?

Anyway, that's my reasoning for refunding software under such circumstances.  I don't know if it has any legal backing but if it doesn't then it would seem to an exception to the general principles of consumer protection. 
Perhaps this is because software is rarely sold outright and consumers actually are only buying a 'licence to use' the software?  I don't know the detailed legalities.

the_lunatic_is_in_my_head

Mickey666 said:

MattMattMattUK said:

I do not think you would be entitled to a refund, but I can not cite a source on that. I am basing it on the fact that you have purchased the goods, opened the goods, the effectively decide that you wish to change your mind after the fact. 

I'm basing my view on a basic tenet of consumer law (UK at least) that the purchaser should have the right to fully examine a product before deciding to buy.  The Distance Selling regulations were specifically introduced to protect this 'right of full examination' when goods were purchased by mail-order or online, where the customer has had no chance to properly examine the goods and there is given the right to an unconditional return.  'Unconditional' meaning just that - no justification is necessary.  Return the product, get a full refund.

So, based on that principle, it is not possible to know for certain there is a EULA (or some other) compulsory agreement within purchased software until the packaging is physically opened and the software is installed.  Even a running demo of the software in a shop would not reveal the presences of a EULA agreement since they usually only appear during installation.

 The Distance Selling Regulations were superseded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The limits regarding to the right to cancel computer software are quoted above. 

Lomast

Mickey666 said:

MattMattMattUK said:

I do not think you would be entitled to a refund, but I can not cite a source on that. I am basing it on the fact that you have purchased the goods, opened the goods, the effectively decide that you wish to change your mind after the fact. 

Fair enough.  I'm of the opposite view, but also cannot cite a source so I could well be wrong.

I'm basing my view on a basic tenet of consumer law (UK at least) that the purchaser should have the right to fully examine a product before deciding to buy.  The Distance Selling regulations were specifically introduced to protect this 'right of full examination' when goods were purchased by mail-order or online, where the customer has had no chance to properly examine the goods and there is given the right to an unconditional return.  'Unconditional' meaning just that - no justification is necessary.  Return the product, get a full refund.

Where in consumer law does it state that a consumer has the right to fully examine a product before purchase?