Do I get A Cooling Off Period For Digital Software downloads?

phdwho

What are my rights as regards a cooling off period in respect of a digital purchase that hasn't been activated or registered. A piece of software (as opposed to an ebook or mp3 for example)? Does such a thing exist and if so does that only apply if the purchase was made from a UK based vendor? 

Thanks

Ectophile

It depends on what you agreed to at the time.  In theory, you have 14 days to cancel the contract and get a refund - just like any other distance selling.

However, if you agreed to waive that right as part of the download process, then you don't have the 14 days.  In reality, most software vendors would expect you to either wait for the 14 days before allowing you to download the content, or get you to agree to waive the cooling off period if you want it earlier.

Link: https://www.legislation.gov.uk/uksi/2013/3134/regulation/37

phdwho

Does that apply if the vendor is abroad?

Carrot007

phdwho said:

Does that apply if the vendor is abroad?

No, abroad you have agreed to the law under whatever country they trade in.

And even then if they decided to play funny you would find it hard (and costly) to enforce any rights you had. (which in most ocntries will be none).

You are entirely reliant on the goodwill (or not) of the vendor here.

phdwho

ok thanks for clarifying

Undervalued

This is no doubt why most reputable / higher end software is available for a limited free trial. The program is fully functional for 7 days (sometimes longer) for evaluation then will only continue to work if licensed either by a one off payment or agreeing to a monthly subscription.