Changes to the Consumer Rights Act come into effect today – and give gamers better protection when it comes to faulty goods.
For the first time anyone who buys faulty goods is entitled to a full refund for up to 30 days after the purchase. Before the change, consumers were only entitled to refunds for a “reasonable time”.
Of particular interest to gamers is increased protection for people who buy digital content. If digital goods are faulty, consumers are entitled to a full refund, or a replacement. This is the first time consumers have had clear legal rights for digital content.
A number of high-profile video games have launched in recent years in what could be considered a “faulty” state, including Assassin’s Creed: Unity, Halo: The Master Chief Collection, and the PC version of Batman: Arkham Knight.
Steam, the biggest PC video game digital platform with over 100m users, recently introduced a robust refund system that lets customers request a refund for nearly any purchase – for any reason. Other digital platforms, such as EA’s Origin and GoG, have similar refund policies.
Sony with its PlayStation Network, Microsoft with the Xbox Games Store and Nintendo with the eShop must also comply with the new Consumer Rights Act.
The Act also covers second-hand goods when bought through a retailer.
The Consumer Rights Act says goods must be:
Satisfactory quality.Fit for purpose.As described.
The rules for digital content are slightly different to those for physical goods. The Consumer Rights Act defines digital content as “data which are produced and supplied in digital form”. Just like physical goods, digital content must be of satisfactory quality, fit for a particular purpose, and as described by the seller.
Those terms are somewhat open to interpretation when it comes to video games, and the Act acknowledges games are more complex than other forms of digital goods, such as music.
Here’s the detail under the “digital content to be of satisfactory quality” section of the Act:
If a digital good is considered faulty, the Act gives consumers the right to , and the retailer must do this “within a reasonable time”.
Repairs in relation to video games may be updates and patches issued by the developer. So what would a “reasonable time” mean in this case?
Here’s the Act:
If the attempt at a repair or replacement is unsuccessful or impossible, the consumer can then claim a refund or a price reduction if they wish to keep the product.
A refund in this case must be given within 14 days beginning with the day on which the trader agrees the consumer is entitled to a refund, according to the Act.
Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim to the retailer. So, if you bought a game from PlayStation Network that turned out to be faulty, your refund request would go through Sony.