Distance Selling Regulations and Software

[Lucio]

Hi all, was wondering if anyone had any advice on the topic.

Purchased a game on Steam, Far Cry 3, which in the fine print at the bottom mentions that it requires a uPlay account.

On installation, I discover that uPlay is yet another form of invasive and unwanted DRM enforcement software, which has decided to install a browser addon onto my PC, which has the potential to act as a security leak and it's not something I'm willing to tolerate.

Does anyone know where software sits under the Distance Selling regulations? I've politely requested a cancellation, but am uncertain whether or not I'm quoting the right piece of legislation when asking for a refund.

Ultimately, it's £6 in the scheme of things, but curious to know where I actually stand

[Butcher]

Software isn't covered by the DSR refund if "unsealed", in the case of digital downloads I guess downloading the game would count as unsealing, though I'm not sure if this has ever been clarified in case law.

[Agent]

You've purchased from an American company, so distance selling isn't applicable anyway?

[Lucio]

That's the questions I'm genuinely curious in knowing the answer too, does UK law cover transactions with companies outside the UK, and where do digital downloads fall under the terms of software.

As an aside, Steam customer service is prepared to issue a credit on account as a goodwill gesture, citing the subscriber agreement as the reason for not issuing a refund to card. It's something I'll accept but am genuinely curious where they all inter-relate.

[OilSheikh]

I am going to have a wild guess here. Do correct me if I am wrong. Distance is inapplicable to digital downloads as the software doesn't have to physically travel and doesn't take days to come. So, no significant distance is travelled by the software during a digital download.

With physical copies, I think it says in the EULA manual that comes along, that you can't get a refund if you break the seal.

[jim]

However, OilSheikh, the EULA can't contravene the law. In this instance though, I think that might be correct IIRC the DSR has exclusions for computer software unsealed by the consumer. Logically, you would think that applies to digitally-transmitted media that has been installed, but I don't know if there's precedent for that.

[Butcher]

I am going to have a wild guess here. Do correct me if I am wrong. Distance is inapplicable to digital downloads as the software doesn't have to physically travel and doesn't take days to come. So, no significant distance is travelled by the software during a digital download.

The distance part isn't about it actually being distant or traveling but about things you have bought without viewing, as such a digital download would count. Also time for delivery is not a factor either. The provisions exist because if you buy in a shop you can view the item and determine its appearance and function (to some degree at least) before buying. With an online or telephone sale that is obviously not possible, hence the regulations.