Steam vs. Section 39 + 40 of the Irish Sale of Goods and Supply of Services Act, 1980

Morbert

Hi,

So I recently purchased a game (X Rebirth) that is not fit for purpose insofar as it contains several bugs that prohibit game progression. Steam are refusing to offer a refund. To me, this seems like a violation of section 39 of the sale of goods and supply of services act (1980)

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—

(a) that the supplier has the necessary skill to render the service,

(b) that he will supply the service with due skill, care and diligence,

(c) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required

Section 40, however, is harder to interpret.

40.—(1) Subject to the following provisions of this section, any term of a contract implied by virtue of section 39 may be negatived or varied by an express term of the contract or by the course of dealing between the parties or by usage, if the usage be such as to bind both parties to the contract, except that where the recipient of the service deals as consumer it must be shown that the express term is fair and reasonable and has been specifically brought to his attention.

(2) An express term does not negative a term implied by this Part unless inconsistent therewith.

(3) The reference in subsection (1) to a term negativing or varying a term implied by virtue of section 39 is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of any provision of that section, or the exercise of a right conferred by any provision of that section, or any liability of the supplier for breach of a term implied by any provision of that section.

(4) Any reference in this section to a term of a contract includes a reference to a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

(5) Nothing in this section shall invalidate—

(a) a term of an agreement for the supply of electricity exempting the supplier from liability (arising otherwise than from his negligence) for an interruption, variation, or defect of supply;

(b) a term of an agreement for the international carriage of passengers or goods by land, sea or air, including an agreement between parties whose places of business or residences are situated in the State.

(6) Section 39 shall not apply to a contract for the carriage of passengers or goods by land, sea, air or inland waterway from one place to another within the State until such date as the Minister, after consultation with the Minister for Transport, by order provides whether in relation to such contracts generally or in relation to contracts of a class defined in the order in such manner and by reference to such matters as the Minister, after such consultation, thinks proper.

This implies section 39 can be dismissed if a contract is signed saying steam reserves the right to dismiss it. Is this really the case? What constitutes "explicitly bringing it to my attention" or "fair and reasonable"?

Falthyron

Should you not seek answers from the developer of X Rebirth? Pressure them to give you a definitive answer and if they say you can get a refund from your service provider then go to Steam with that information.

The sections you are referencing seem more appropriate to tangible goods and services. A license to use software is a bit of a gray area when it comes to working or not working. The War Z was in an awful state and due to the pressure put on the developers, Steam were then permitted to offer refunds (iirc), so I would suggest harassing the developers of X Rebirth and force them to inform Steam that refunds will be covered.

How I understand it; Steam fulfilled it's obligation by providing the content to your PC. However, the content itself (which is not made/developed by Steam) is inherently flawed (deliberately or not deliberately). Perhaps you could draw a similarity with going to HMV and buying an awful movie that makes no sense and is poorly edited. Do you complain to HMV or the company who made the film?

Either way, I hope X Rebirth devs authorise refunds. Bad form when they release games for sale that clearly need another 6-12 months work.

sarumite

Falthyron wrote: »

Perhaps you could draw a similarity with going to HMV and buying an awful movie that makes no sense and is poorly edited. Do you complain to HMV or the company who made the film?

I draw a distinction between a bad game and a broken game. I have played bad games with terrrible voice acting, poor scripting that doesn't make sense and is poorly edited but the core mechanics work (or are passable). If steam are going to take a proceed of any sale, then they shouldn't be allowed to simply wipe their hands when they sell games that fundamentally do not work as intended.

Falthyron

Apparently the game has been fixed up quite a bit with the latest patches. Nevertheless, if you still want to pursue a refund, you could follow this guy's advice. A lot of success with it according to the users on the forums.

http://forum.egosoft.com/viewtopic.php?t=350757&postdays=0&postorder=asc&start=0

Persistent, patience and request Steam Wallet credit seems to be a good strategy. Hope it helps!