Apple refusing app subscription refund

squashykat

My daughter clicked on a free trail for an app (PicsArt) and a few days later was charged £85! She is only 17 but has ADHD and cant always read/see small print. She’s understandably upset as it took her last but of pocket money. I helped her to contact Apple on the same day the money went out to ask for a refund- it’s unwanted and she is also a child legally. They have just said she isn’t eligible for a refund.

Is there anything in UK Law in terms of consumer rights that we can do to further challenge this?

(And yes of course we have used it as a learning curve, we’ve had a long chat and she knows not to fall for this in future)

Thank you

MattMattMattUK

squashykat said:

My daughter clicked on a free trail for an app (PicsArt) and a few days later was charged £85! She is only 17 but has ADHD and cant always read/see small print. She’s understandably upset as it took her last but of pocket money. I helped her to contact Apple on the same day the money went out to ask for a refund- it’s unwanted and she is also a child legally. They have just said she isn’t eligible for a refund.

Is there anything in UK Law in terms of consumer rights that we can do to further challenge this?

(And yes of course we have used it as a learning curve, we’ve had a long chat and she knows not to fall for this in future)

Thank you

Not really, no, it will have an immediate access clause which gets around the cooling off period element and is also a subscription. Make sure you have unsubscribed as it is likely an annual renewal. 

As you say sometimes you just have to take these things as a learning point. 

DullGreyGuy

squashykat said:

My daughter clicked on a free trail for an app (PicsArt) and a few days later was charged £85! She is only 17 but has ADHD and cant always read/see small print. She’s understandably upset as it took her last but of pocket money. I helped her to contact Apple on the same day the money went out to ask for a refund- it’s unwanted and she is also a child legally. They have just said she isn’t eligible for a refund.

Is there anything in UK Law in terms of consumer rights that we can do to further challenge this?

(And yes of course we have used it as a learning curve, we’ve had a long chat and she knows not to fall for this in future)

Thank you

She will have been charged when the free trial ended, with Apple you can cancel a subscription (inc free trial) instantly and you still get the remainder of the period (be that a free trial or paid month/year etc). 

Children are perfectly allowed to enter into contracts as anyone else, else how could they spend their pocket money? Contracts on minors however are unenforceable unless it's a contract of necessity (food, clothes, education, accommodation, work etc). As a consequence companies dont want to enter into service contracts with minors because the relationship becomes one sided but most are happy selling age appropriate goods because the buyers only obligation is met when they hand over their 1p £1 for the sweeties. 

If you have her set up as a child in your family group you can turn on the Ask to Buy feature so any of her purchases have to be approved by one of the Parent/Guardians in the group https://support.apple.com/en-gb/105055

the_lunatic_is_in_my_head

I wonder if these apps comply with the CCRs?

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

Supply of digital content in cancellation period

37.—(1) Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless—

(a)the consumer has given express consent, and

(b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost.

(2) The consumer ceases to have the right to cancel such a contract under regulation 29(1) if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the consent and acknowledgement required by paragraph (1).

(3) Paragraph (4) applies where a contract is cancelled under regulation 29(1) and digital content has been supplied, not on a tangible medium, in the cancellation period.

(4) The consumer bears no cost for supply of the digital content, in full or in part, in the cancellation period, if—

(a)the consumer has not given prior express consent to the beginning of the performance of the digital content before the end of the 14-day period referred to in regulation 30,

(b)the consumer gave that consent but did not acknowledge when giving it that the right to cancel would be lost, or

(c)the trader failed to provide confirmation required by regulation 12(5) or 16(3).

squashykat

the_lunatic_is_in_my_head said:

I wonder if these apps comply with the CCRs?

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

Supply of digital content in cancellation period

37.—(1) Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless—

(a)the consumer has given express consent, and

(b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost.

(2) The consumer ceases to have the right to cancel such a contract under regulation 29(1) if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the consent and acknowledgement required by paragraph (1).

(3) Paragraph (4) applies where a contract is cancelled under regulation 29(1) and digital content has been supplied, not on a tangible medium, in the cancellation period.

(4) The consumer bears no cost for supply of the digital content, in full or in part, in the cancellation period, if—

(a)the consumer has not given prior express consent to the beginning of the performance of the digital content before the end of the 14-day period referred to in regulation 30,

(b)the consumer gave that consent but did not acknowledge when giving it that the right to cancel would be lost, or

(c)the trader failed to provide confirmation required by regulation 12(5) or 16(3).

Interesting, I would argue she didn't explicitly consent even if it was in small print it wasn't very clear. She said it wasn't even 7 days but she doesn't always have a great concept of time

beckstar1975

It is normally in the Ts and Cs you agree to when doing the free trial, and it's not uncommon that digital content has no cooling off period (other than the free trial itself).

Have you tried same trial to see what info is given re renewal etc? That's the only way really to see whether what is shared is compliant (but normally it is, and like others have said with Apple the best thing to do is to cancel as soon as you have signed up then you still get the whole trial period free just no danger of then having to pay)

squashykat

beckstar1975 said:

It is normally in the Ts and Cs you agree to when doing the free trial, and it's not uncommon that digital content has no cooling off period (other than the free trial itself).

Have you tried same trial to see what info is given re renewal etc? That's the only way really to see whether what is shared is compliant (but normally it is, and like others have said with Apple the best thing to do is to cancel as soon as you have signed up then you still get the whole trial period free just no danger of then having to pay)

Good plan!

born_again

Request for refund needs to be directed at PicsArt, as they are the ones who have taken the funds.
Apple are only the payment processer here, so have no responsibility in the transaction.

DullGreyGuy

born_again said:

Request for refund needs to be directed at PicsArt, as they are the ones who have taken the funds.
Apple are only the payment processer here, so have no responsibility in the transaction.

They have no liability for it but you can raise a refund request via Apple with various options like accidental purchase, app doesn't work, unauthorised purchase etc via reportaproblem.apple.com 

Have used the link twice before and received a refund, mainly where I did something stupid

RefluentBeans

DullGreyGuy said:

born_again said:

Request for refund needs to be directed at PicsArt, as they are the ones who have taken the funds.
Apple are only the payment processer here, so have no responsibility in the transaction.

They have no liability for it but you can raise a refund request via Apple with various options like accidental purchase, app doesn't work, unauthorised purchase etc via reportaproblem.apple.com 

Have used the link twice before and received a refund, mainly where I did something stupid

Same here. I generally think Apple take a dim view on this sort of practice too. But also I guess it depends on user history - a user who has a lot of value to Apple is likely to get a green light for a refund on the basis that it’s better for Apple to lose £85 and gain years of future revenue. 

DullGreyGuy

RefluentBeans said:

DullGreyGuy said:

born_again said:

Request for refund needs to be directed at PicsArt, as they are the ones who have taken the funds.
Apple are only the payment processer here, so have no responsibility in the transaction.

They have no liability for it but you can raise a refund request via Apple with various options like accidental purchase, app doesn't work, unauthorised purchase etc via reportaproblem.apple.com 

Have used the link twice before and received a refund, mainly where I did something stupid

Same here. I generally think Apple take a dim view on this sort of practice too. But also I guess it depends on user history - a user who has a lot of value to Apple is likely to get a green light for a refund on the basis that it’s better for Apple to lose £85 and gain years of future revenue. 

Apple gets 15% or 30% of the App Store sales depending on the developer is grossing over $1m a year in fees or not (big business pays the higher fee) but yes its likely they will consider the overall relationship (I may buy a few things from them)