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mgh

EU right to cancel software

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EU law gives consumers generally the right to cancel within a 14 day period without giving any reason. However there are are limitations on software.

For software provided on disk, you'll loose your right to cancel if you unseal the software.

For downloaded software, sellers mustn’t supply digital content, within the 14 day cancellation period, unless you have given your express consent to this happening. You must also acknowledge that once the download starts you will lose your right to cancel. If  you don’t give you consent, you'll to wait until the cancellation period has ended before you can download the digital content. This is to ensure the digital content is what you want before downloading it. Also, the fact you loose you right when the download starts. I also think  probably means that if the download doesn't complete then it's your problem rather than the sellers - the seller can't really be  responsible for the performance of your ISP etc.

UK version is here http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf


Gerry Howard

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We've had this in Sweden for many years for physical products (with some exceptions). Time limit varies from one store to another but usually

is somewhere between 10 days and 1 month. Obviously for software, DVDs/BDs/CDs and etc they have to have unbroken seal to be eligible for return.

 

In Sweden we call it öppet köp (option to return).

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Sweden is iin the EU so I assume it's effectively the same laws which are all based on EU Directive 2011/83/EU. the UK regulations were updated in 2014


Gerry Howard

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In the U.S. I once returned an opened software box for full refund. My reason? I didn't accept the EULA, which as I pointed out was sealed inside the bloody box!


Fr. Bill    

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In the U.S. I once returned an opened software box for full refund. My reason? I didn't accept the EULA, which as I pointed out was sealed inside the bloody box!

What was the software?


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Does anyone actually read EULAs? (A certain episode of South Park comes to mind)

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In the U.S. I once returned an opened software box for full refund. My reason? I didn't accept the EULA, which as I pointed out was sealed inside the bloody box!

 

And you still can in principle.

 

The EU law extends the protection offered to consumers. It  gives consumers the general right to  cancel a distance or off-premises at any time in the cancellation period without giving any reason. It also makes the supplier responsible  for the costs of returning goods. Ithe purpose is to give the consumer time to have second-thoughts. But, for example, there's no right to cancel newspapers, etc,  or unsealed audio or video recordings, as well as unsealed software.

 

EDIT

 

Does anyone actually read EULAs? (A certain episode of South Park comes to mind)

 

Does any one read the EULAs, or - Conditions of Carriage,  - before buying a bus ticket, train ticket, or even an airline ticket? They still apply.


Gerry Howard

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What was the software?

Honestly I don't remember now. This was many, many years ago. It may well have been a boxed copy of Netscape Navigator. In any event, "not accepting the EULA" was a valid reason for getting a refund.

 

Now that I think on it, I do believe it was "Navigator" as I found out I could download it for free... :He He:


Fr. Bill    

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Interests: Gauge Programming - 3d Modeling for Milviz

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I just feel sorry for the poor sods that have it as a first name....

Lol, I had no idea that was a name. Can't say I ever meet anyone named Eula, but if I do it will probably be hard not to crack a smile.


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Honestly I don't remember now. This was many, many years ago. It may well have been a boxed copy of Netscape Navigator. In any event, "not accepting the EULA" was a valid reason for getting a refund.

 

Now that I think on it, I do believe it was "Navigator" as I found out I could download it for free... :He He:

Now, that takes me back :)


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