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marlor | 3 years ago

UK Consumer Contract law has a 14-day cancellation period.

For digital goods, the legislation states:

——

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.

——

Therefore, Nintendo is stating that the 14-day cancellation period is to be waived, and digital goods are to be deemed as supplied immediately upon purchase.

discuss

order

Joker_vD|3 years ago

Wait, does that piece of law states that if you buy something as an Internet download, you then have to wait two weeks before you can actually download and use it unless you either a) ask the seller to not wait for two weeks; or b) give up on refunding?

FabHK|3 years ago

You need to pay a toll to use Austria's highways, by purchasing a sticker. You can purchase that sticker online, but not within 18 days of your intended first use day, because you by law you have 14 days to request a refund for online sales, and then they add 3 days because you could ask for your refund by snail mail. So they won't issue a first validity day within 18 days of purchase. <face palm>

> Q: Why is the digital vignette valid from the 18th day after purchase at the earliest when purchased in the Toll Shop?

> A: For consumers, the digital vignette or the digital section toll annual card cannot be used immediately after purchase. This also means, however, that you can edit your product before the start of the validity period without having to give any reasons (registration number, validity period).

> This restriction does not apply to companies. The reason for this is that, according to the European Consumer Protection Directive, consumers have the right to withdraw from the online purchase of a product or service within 14 days. As this withdrawal is possible by e-mail and by post, a further three days are allowed for cancellation by post until arrival at ASFINAG.

https://shop.asfinag.at/en/maut-produkte/digitale-vignette/0...

smileybarry|3 years ago

It's a bunch of legal mumbo jumbo that basically means: you can refund within 14 days, as long as you haven't started downloading the content yet (which is also Sony's legal policy), because then it hadn't been "delivered" yet.

But purchases on eShop queue up a download immediately (as opposed to Sony's "download now" button), so I don't know how that period can "exist". Maybe you have a case if all of your Nintendo devices are offline at the time or something.

Ekaros|3 years ago

In practise lets take a digital activation key for lets say Steam. Sold by thid-party.

They have automated system in place where after purchase the key is hopefully allocated, but hidden. And in EU and UK as this was remote purchase you have standard 14-day return window. Now you can reveal the key by accepting a pop-up that you forgo this return right. Which makes sense as it is digital one time key...

Now faulty products are a fun mess...

tsimionescu|3 years ago

It's not a) or b), it's both a and b - you ask the seller to send it right now, knowing that you are forgoing your right to return it within 14 days.

jwmoz|3 years ago

I think Sony PS game store has some contract when you buy that must refer to this