Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/85



The regulations you are citing do not apply to digital distribution subscriptions, electronic games, or downloadable content.

Additionally you installed and played the game purchased in this transaction for over 5 hours, in effect using the product.

We are happy to continue troubleshooting any issues you are having with this title, however we will not issue a refund for this purchase.

293 On 29 July 2013, Mr Miles sent a message as follows:

294 On 30 July 2013, Mr Miles sent a message as follows:

Hi

Actually I've decided not to let this drop as I now see you are also selling Realms of Arkania: Blade of Destiny, which my many reports is also of less than "acceptable quality" and is not marked as 'Early Access'.

I've been doing some research with regard to consumer law here in Australia (http://www.consumerlaw.gov.au/content/the_acl/downloads/consumer_guarantees_guide.pdf) and a few things in particular stand out.

"Which goods are covered?

Goods are covered by the consumer guarantees as long as they are sold in trade or commerce and bought by a consumer".

So the law DOES apply to digital goods (including electronic games).

"Signs and statements that limit, or seem to limit, consumers' rights are unlawful – including 'no refund' signs. Suppliers and manufacturers cannot:

> limit, restrict or exclude consumer guarantees, or

> avoid their obligations by getting the consumer to agree that the law of another country applies to the contract or to any dispute.

"Signs that state 'no refunds' are unlawful, because they imply it is not possible to get a refund under any circumstance – even when there is a major problem with the goods."

Your 'no refund' policy is unlawful here in Australia, and Australia law applies, as this is the territory in which I purchased the goods in questions, namely 'Legends of Dawn' and I know refunds are technically possible, as they are not unprecedented.