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Online purchase of digital content

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  • PHK
    PHK Posts: 2,285 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    Alderbank said:
    That would depend upon whether there is the same 14 day cooling off period under US consumer law.
    There isn't a federal consumer law in the US, each state has their own version.

    The OP's quote above says non-exclusive jurisdiction of the courts of Delaware. This means the claimant can choose between Delamere and his own home state if he is resident in a different state (similar to the rules about small claims in England&Wales or Scotland in the UK).
    Non-US litigants would have to bring a claim in the state of Delaware.

    The Delamere State Code does not seem to say anything about a 14 day cooling off period.
    https://delcode.delaware.gov/title6/c027/sc04/index.html

    But it also says that only applies if you are habitually resident in the US.  
  • RefluentBeans
    RefluentBeans Posts: 1,154 Forumite
    1,000 Posts First Anniversary Name Dropper
    Being pragmatic - it depends how much it cost you. You can always ask for a refund. The worst they’ll say is no. If they say no, and it wasnt a lot of money, then I think realistically you will just have to say goodbye to the money. The filing is not easy if you’re in a different part of the world, and if it does get taken to court, logistically it’ll be challenging. 

    Personally, I would just ask them for a refund. They may be more amenable than you think, and I’ve had more luck with the ‘look I’m really sorry but I can’t afford to pay this. Is there anything you can do to help me out’ - holding your hands up. Even with a company who actively said they don’t do refunds in these situations, they still did a 80% refund, which I wasn’t entitled to but they still did. You do catch more flys with honey than vinegar 
  • born_again
    born_again Posts: 20,370 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Look at it this way.
    You paid the trial fee & used the service. As such negating the cooling off period.

    The Consumer Contracts Regulations treats digital downloads differently.

    If you want to download your digital content within 14 days of buying it, you will have to give your consent to waive the 14-day cooling-off period.

    If you don't give your consent, you won't be able to download your digital content until the 14-day cooling-off period has ended. This is to prevent you from changing your mind after you have downloaded the content.

    Life in the slow lane
  • jon81uk
    jon81uk Posts: 3,885 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Why didn't you cancel well before the seven day trial ended?
  • eskbanker
    eskbanker Posts: 37,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jon81uk said:
    Why didn't you cancel well before the seven day trial ended?
    Presumably because they forgot and/or thought that they had a 14 day window if the UK consumer rights had applied?
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