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Apple's App Store and Consumer Law

  • 15-02-2012 2:36pm
    #1
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭


    This morning I got a nice email from Apple Support UK confirming they had authorised a refund for a non-functioning application I had purchased, as "... issuing a refund for this purchase of xxxxxxxxxxx is an appropriate exception to the App Store Terms and Conditions, which state that all sales are final."

    Now as I'm sure you're aware, applications in the App Store range in price from freebies (some of the most useful I've "purchased" are free) to video production software suites costing several hundred Euro per seat.

    The application I got a refund for cost 1.59 but that's not the issue. The consumer issue here is that apparently, IMHO, the T&Cs a purchaser must agree to prior to purchase are in breach of Irish & EU consumer law, in that they are denying recourse under, for example, the Sale of Goods & Supply of Services Act 1980. Up front Apple are saying that they refuse to recognise a consumer's legal rights. Surely this is illegal?

    More disturbing for me were the following issues that arose
    • Negative reviews left by me in the App Store were taken down on three separate occasions after attempts to contact the developer failed; positive reviews for other apps I purchased "stuck" instantly
    • Apps sold in the App Store are supposedly subjected to quality assurance tests. This particular application never was because it would have failed instantly
    • Some applications allow a 7-day or x number of transactions trial period or printed outputs contain water-marks etc before a final purchasing decision is made. If all sales are final then there must be consistent "trialling" allowed of the App Store products prior to purchase. This particular product, and others in the App Store, had to be paid for before downloading to check it out
    • Given what appears to be Apple's scant regard for consumer law and their inability to QA products they sell, isn't this whole area ripe for scamming with "shell" applications that do nothing and are thus very profitable for the developer (and Apple)?
    Comments please.


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Apple like to try and be a Law unto themselves in may regards. An example was the way they insisted faulty ipods had to go back to them and couldn't be dealt with though the retailer a few years back. However, I digress.

    You normally buy a licence to use software and not physical software itself. This is how various software companies get away with releasing software that contains bugs. All software has bugs of some description but some games have come to market almost completely broken.

    There was some discussion a few years back about software licences being accepted by breaking the seal on the software - and the licence being inside that seal. I don't know exactly where this went.

    Again this is from my retail experience rather than my very limited legal knowledge but I hope it at least helps stimulate some further discussion for you.


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