Man I love the ACCC.
ACCC doing great work, yet again. It's because of them we didn't have to put up with the bullshit of DVD region locks for very long.
Nice job ACCC, next up 'Australia tax' please.
It's your choice to spend your money on things other than moving to Australia.
It's your choice to spend your money on things other than moving to Australia.
I
In any event, Australia 1 - Valve 0 as others have pointed out. It's times like these I wish I was Australian.
Is it really okay for people to copy and paste entire articles on NeoGAF? That seems a little unfair. That's three in a row. Had to work pretty hard to get all these interviews and info.
Origin has refunds. I doubt the infrastructure is "expensive as hell".It's not corporate cheerleading when they state everywhere that there are absolutely no refunds. If you expect a refund, then you should expect prices to go up because creating and supporting an infrastructure for refunds is expensive as hell. I'd rather have cheap prices and awesome sales. So I say take it or leave it. You have a choice.
Origin has refunds. I doubt the infrastructure is "expensive as hell".
It's not. To comply with Australian law all they have to do is actually refund Australians who email them asking for a refund on a broken game and remove the mentions of "no refunds" for any Australian user when purchasing a game. That's literally all they have to do.
They already do refunds but Valve being the geniuses that they are still have "no refunds" plastered everywhere.
What constitutes a broken game? What are the actual restrictions? Because given your scenario literally, all people literally could do is buy games, finish them, and then literally receive a refund under literally under auspice the consumer deems broken.
If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.
What is a major problem?
A product or good has a major problem when:
*it has a problem that would have stopped someone from buying it if they’d known about it
*it is unsafe
*it is significantly different from the sample or description
*it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
A service has a major problem when:
*it has a problem that would have stopped someone from buying it if they’d known about it
*it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
*it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
*it creates an unsafe situation.
They already do refunds but Valve being the geniuses that they are still have "no refunds" plastered everywhere so anyone not familiar with consumer law assumes there are no refunds.
They then go on to define a major problem
It is nice that they want the software industry to solve these things however their guidelines are oriented around people buying cars, home improvements and toasters from Aldi. Not software.
It is nice that they want the software industry to solve these things however their guidelines are oriented around people buying cars, home improvements and toasters from Aldi. Not software.
All software is buggy, how do you draw the line between acceptably buggy and irredeemably buggy? It is impossible and a government department would have to grow another department to arbitrate disputes.
Better to adjust the legislation so that software refunds on digital downloads are allowed if the logged time of use is below some number of hours. What would it cost Valve to offer a refund on something? their delivery cost is practically zero. There just needs to be a system that isn't exploited by kids who will use it to play everything for free for a weekend.
If you don't like it, don't use it. There are other ways to buy videogames. Valve should just stop selling in Australia.
It is nice that they want the software industry to solve these things however their guidelines are oriented around people buying cars, home improvements and toasters from Aldi. Not software.
All software is buggy, how do you draw the line between acceptably buggy and irredeemably buggy? It is impossible and a government department would have to grow another department to arbitrate disputes.
Better to adjust the legislation so that software refunds on digital downloads are allowed if the logged time of use is below some number of hours. What would it cost Valve to offer a refund on something? their delivery cost is practically zero. There just needs to be a system that isn't exploited by kids who will use it to play everything for free for a weekend.
I can't believe someone was seriously arguing valve should just jettison Australia entirely and then trying to caveat emptor their way out of the argument. Are you mad? Do you have any idea about how consumer protection principles are meant to apply?
It's not corporate cheerleading when they state everywhere that there are absolutely no refunds. If you expect a refund, then you should expect prices to go up because creating and supporting an infrastructure for refunds is expensive as hell. I'd rather have cheap prices and awesome sales. So I say take it or leave it. You have a choice.
I do understand though. It's why I said they should close up shop in Australia.
On a side note, I've personally dealt with Valve before and got a refund (albeit in the form of Steam credit)
It wouldn't benefit me because I have realized I am an adult who can make adult decisions, and buying these games is always a choice of mine, and I should be held completely responsible for my choices, especially when there's signs everywhere telling me my consequences.
uh...
I just wrote in complaining about a purchase as a shot in the dark. As you can see I like stating my opinion so I had no problem doing it. I didn't expect it, but got the credit applied back to my account. It was actually pleasant.
It is nice that they want the software industry to solve these things however their guidelines are oriented around people buying cars, home improvements and toasters from Aldi. Not software.
All software is buggy, how do you draw the line between acceptably buggy and irredeemably buggy? It is impossible and a government department would have to grow another department to arbitrate disputes.
Better to adjust the legislation so that software refunds on digital downloads are allowed if the logged time of use is below some number of hours. What would it cost Valve to offer a refund on something? their delivery cost is practically zero. There just needs to be a system that isn't exploited by kids who will use it to play everything for free for a weekend.
11. APPLICABLE LAW/JURISDICTION
For Subscribers other than EU Subscribers:
You agree that this Agreement shall be deemed to have been made and executed in the State of Washington, U.S.A., and any dispute arising hereunder shall be resolved in accordance with the law of Washington. Subject to Section 12 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you agree that any claim asserted in any legal proceeding by you against Valve shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Subscribers:
You agree that this Agreement shall be deemed to have been made and executed in the Grand Duchy of Luxembourg and that it is subject to the laws of Luxembourg, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of Luxembourg provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
Anyone got any idea how many sales Valve makes in the Australian region?
If you have bought a game and haven't installed it yet Damn right you should be able to claim a refund and have it removed from your library
There's no difference in my mind. A game that I cannot play is no different to a DOA motherboard or a lemon of a car or a toaster that fails to make toast. I should and do have the right to a refund. And sure, a refund policy could be exploited, but I think this will be and is minority of cases where it already exists. If Valve can prove a user is exploiting their policy they have every right to enforce their ToS.
I say this as someone who has never asked for a refund on software. Every piece of software I have ever bought has been fit for purpose. I have come close a couple of times though, and when the time does come I expect to get one with little to no resistance.
As with most software products, unless required by local law, we do not offer refunds or exchanges on games, DLC or in-game items purchased on our website or through the Steam Client. Please review Section 3 of the Steam Subscriber Agreement for more information.
It isn't my choice that the game is broken, but it is my choice that I spent money on a broken game. In the days of YouTube and Twitch, you can get a pretty damn good idea if you'll enjoy a game or not before buying it.
The drop off is pretty crazy considering 5% is the 3rd largest territory by sales, even still I don't think it matters as this is something they should definitely be addressing (right after their customer service in general which is horrendous). Also I have to say that poster on the first page was outrageous, you'd think consumer rights had assaulted them as a child the way they were acting - this is a good thing :\
Kotaku got their hands on the application papers for the ACCC lawsuit
http://www.kotaku.com.au/2014/09/the-acccs-list-of-demands-for-valve/
They want Valve to create an email address, 1800 toll-free number and PO Box, with (local?) representatives to deal with all refunds.
As far as I know Valve has no staff in Australia, so this could be interesting if the ACCC are successful.
Kotaku got their hands on the application papers for the ACCC lawsuit
http://www.kotaku.com.au/2014/09/the-acccs-list-of-demands-for-valve/
They want Valve to create an email address, 1800 toll-free number and PO Box, with (local?) representatives to deal with all refunds.
As far as I know Valve has no staff in Australia, so this could be interesting if the ACCC are successful.
Valve had not responded by the first direction hearing today.
Further, they have now been served with the relevant documentation relating to the claim at their US headquarters.
The next hearing is next Tuesday (23rd Sep 2014).
They want Valve to create an email address, 1800 toll-free number and PO Box, with (local?) representatives to deal with all refunds.
This was posted on another forum that I occasionally visit (see message #7):
If there are any other Aussies with an unplayable game, mention the ACCC lawsuit and see how you go.
Valves defence was based around the fact that it doesnt officially conduct business in Australia, only admitting it provided access to an online access portal to video games through a client. Valve denied this falls into the definition of goods in Australian consumer law. Valve also maintained the Steam Subscriber Agreement is the law of the State of Washington, United States of America not the law of Australia.
But the Australian Federal court disagreed, and found that Valve made misleading statements to consumers in its terms and conditions contained in three versions of its Steam Subscriber Agreement and two versions of its Steam Refund Policy. These misleading statements all focused on the rights of Australian consumers to a refund if theyve been sold a faulty or defective product.
Justice Edelman that Valve was doing business in Australia and, as such, was bound to operate within Australian Consumer Law.