european-union consumer-protection
European consumer protection law for virtual goods?
<p>I've purchased vanity content on two occasions on the game 'League of Legends' - April 6th and April 10th. I have now decided that I want my money returned (a combination of lack of friends any longer playing the game, extremely volatile and childish community, and the company's attitude towards the players). The company is Riot Games. The purchases were made once using Maestro and once using a Visa.</p>

<p><a href="http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm" rel="nofollow">The law described here</a> allows me to get a refund within 14 days of the purchase, regardless of a reason. Though there is a clause which makes me unsure if this falls under my category.</p>

<blockquote>
  <p>exceptions include: ... "online digital content, if you have started
  downloading or streaming it"</p>
</blockquote>

<p>The digital content does not have any physical form, it is a 'skin', a cosmetic feature that is permanent. It is not 'consumed' or used like a movie or a song would be. Though the attitude Riot Games' are taking is interfering with me enjoying this content.</p>

<p>Am I lawfully allowed to demand my money back? The 14 day period ends for the first item on April 20th, and they've already confirmed they received my communication in regards to this. If I'm successful in retrieving my money, my game account will be disabled - I am ok with this.</p>

<p>Can they fight my demand? Am I correct in this situation?</p>

<p>I think the law there is quite clear - you have 14 days to return the goods for a full refund, except for digital content, which you can't return once you started downloading it. That's what it says. The arguments that you try to give were quite obvious to the law makers. I think you can assume they were aware that "digital content does not have a physical form". </p>

<p>Now if you purchased, but haven't downloaded or started downloading yet, then obviously you can get your money back. </p>

<p>You came up with some theory that this is a "visual vanity item". You can't see it unless you download it. Once you download it, that's it. If you don't download it, you can return it. </p>

<p>Let me repeat this: Your fancy analogies mean nothing. There are in the EU laws about being allowed to return goods for a refund. There's the general rule for buying in a store (no right other what the store offers voluntarily), online purchases (some days to return), and online purchases of digital goods (no return once you started downloading). That's the law. Your attempts at redefining the situation are totally pointless. The law says what it says. What you try to redefine doesn't mean one thing. The law clearly distinguishes several situations, and analogies don't count. What happens counts. You bought from a digital item from an online store that needs to be downloaded. And as soon as you start downloading, there is your right to return it gone. </p>

<p>And your reasons for wanting to return the goods are completely irrelevant. You don't need any reasons, and having reasons doesn't help you. </p>

<p>This term that you have invented - "visual vanity item" - is not borne out by the law, and has no special meaning.</p>

<blockquote>
  <p>The digital content does not have any physical form, it is a 'skin', a cosmetic feature that is permanent. It is not 'consumed' or used like a movie or a song would be.</p>
</blockquote>

<p>Umm. Do the songs you purchase online disappear into the void, never to be used again? In that case I suggest that you bought not a song, but a licence to listen to the song once. When you <em>buy</em> a song, it is yours to listen to over and over, subject to the service provider's terms and continued existence.</p>

<p>You've also posted a contrived example where a restaurant owner spits in your food - this has nothing to do with your situation, you should probably stop trying to make analogies, because the one you've made suggests that you're not really able to do so in a way that present an actually <em>analogous</em> situation.</p>

<p>Note that there is a <em>very small possibility</em> that you may claim that the goods were not as advertised and in that way have some cause of action, however this would require that Riot Games misrepresented its product in some way to you - I don't see a "skin" being something that could misrepresent the community and the company's attitude towards the players, unless it said something like <em>your purchase of this skin will ensure a mature community and a positive attitude of the company towards our players</em>. If they did something like that? Maybe.</p>

<p>Also: Riot Games may decide to refund you your money in order to avoid brand damage - this is above and beyond their statutory obligations and you should not take this as vindication of your perspective. The best interpretation of the law suggests that they are within their rights to refuse a refund.</p>
