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332 posts

Ultimate Geek


#59752 11-Apr-2010 18:58
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Do you think if a purchased app loses some vital functionality later down the track, i.e. a few months, there should be grounds for a refund?

I am in my case referring to tvGuide by Orsome Software.  They have lost the ability to display the Sky guide in their App since 12th March.  This is mainly what I used it for.  Now it only shows the Freeview guide the lost ability in seeing the guide for 100+ Sky channels means I don't even use it anymore.

I am all for supporting local app developers, I haven't pursued the refund yet.  Granted it was only $1.50.
I have purchased a number of apps ranging from $1 up to $100, it does start to add up.

Just thought I see what others think and create a topic to discuss...





My opinions and ideas expressed in posts are solely my own and do not reflect the views of my employer in any way..


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694 posts

Ultimate Geek


  #317084 11-Apr-2010 19:28
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I would say yes, you should be able to get a refund.

Briefly, s8(1) of the Consumer Guarantees Act 1993 means that a supplier (Apple/developer) says a good will be reasonably fit for any particular purpose, then they guarantee it will be good for it. 

s9 Guarantees that the good (App) will comply with its description.

So if you buy an app and two days later it loses some functionality, thats a breach of s8, and s9 IMHO.  But of course every product has a reasonable life - so it will depend also on how long you have had use of it.


Link to the Act: http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html





Your post also made me think of s6 of the CGA 1993:


6 Guarantee as to acceptable quality


  • (1) Subject to section 41 of this Act, where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality.



THat one also raises some interesting questions!!  Certainly would be grounds for refund on some of the apps I have purchased...


NB: yes an App is a "good" under the act:


2 Interpretation


  • (1) In this Act, unless the context otherwise requires,—

    goods—



  • (a) means personal property of every kind (whether tangible or intangible), other than money and choses in action; and



  • (b) includes—



    • (vi) to avoid doubt, water and computer software; but












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Ultimate Geek


  #317091 11-Apr-2010 19:45
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The reason for the loss of functionality is due to sky taking legal action against ALL people illeagally useing their epg without permission. This is not a decision made lightly by them it was forced upon them by Sky!





 
 
 
 


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Master Geek


  #317099 11-Apr-2010 20:10
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Yes I imagine you could probably get a refund.. the whole process of getting a refund is quite easy actually.

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Ultimate Geek

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  #317119 11-Apr-2010 21:03
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dannyres: Yes I imagine you could probably get a refund.. the whole process of getting a refund is quite easy actually.


What would the easy process be exactly?

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Master Geek


  #317121 11-Apr-2010 21:06
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You just fill out the form here:

http://www.apple.com/support/itunes/contact.html?form=app_store&topic=App%20Store&subtopic=Troubleshooting%20Applications

When I did it about a month ago they got back to me pretty promptly.. within 24 hours I think.  Smile

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Uber Geek


  #317197 12-Apr-2010 07:33
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Yes.
I think you should absolutely get your $1.50 back, it's totally worth everyone's time.

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  #317199 12-Apr-2010 07:50
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thefatmould: The reason for the loss of functionality is due to sky taking legal action against ALL people illeagally useing their epg without permission. This is not a decision made lightly by them it was forced upon them by Sky!


Thats their problem, not the person purchasing the app.





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  #317200 12-Apr-2010 07:55
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Dunnersfella: Yes.
I think you should absolutely get your $1.50 back, it's totally worth everyone's time.


And presumably Apple then attempt to get the money back from the developer?

If so I think you guys are all going crazy if you're worried about $1.50 and seriously think you need a refund! A guy writes a piece of software, sells it for peanuts, you use it and really enjoy it and then due to legal action it no longer works.

It's not his fault that the software doesn't work and if somebody was to develop an app using an official source for EPG data you'd probably be paying a lot more for the app and ongoing costs to access the data each week.

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  #317243 12-Apr-2010 10:13
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I'm with sbiddle here.

I purchased it- then lost SkyTV listings.

I just deleted it and chalked it up to $1.50 badly spent.

In essence it is still a TV guide and does give program listings, so it's still fit for purpose.




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Ultimate Geek

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  #317285 12-Apr-2010 12:23
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Yea personally $1.50 isn't enough to bother for a refund I think - I have got a good run out of it (nearly an entire year), good to know the iTunes Store Support URL for the future though.

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Master Geek


  #317290 12-Apr-2010 12:38
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It's not his fault that the software doesn't work and if somebody was to develop an app using an official source for EPG data you'd probably be paying a lot more for the app and ongoing costs to access the data each week.



Really? Your kidding I hope - I mean whether it be $1 or $50 is irrelevant. The software doesn't do what it was advertised to do, end of story - Yes $1.50 is a small amount of money but x 50,000 paying customers, hmmm...

 

 




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  #318600 15-Apr-2010 07:33
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sbiddle:
And presumably Apple then attempt to get the money back from the developer?


Actually, they don't attempt to get it back, they simply pull it straight out of developer royalties.  The crappy part is that Apple charges the developer 100% of the product cost, when Apple only paid the developer 70% in the first place.  Which is to say, the developer ends up refunding like 130% of the royalties.

stagnant16:
Really? Your kidding I hope - I mean whether it be $1 or $50 is irrelevant. The software doesn't do what it was advertised to do, end of story - Yes $1.50 is a small amount of money but x 50,000 paying customers, hmmm...


Actually, it still does exactly what it says on the box- displays TV listings.  Do you go raging at Telecom that Tivo isn't fit for purpose because it has no Prime listings?  After all, the box said there was an EPG!

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Master Geek


  #318629 15-Apr-2010 09:08
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Kyanar:
Actually, it still does exactly what it says on the box- displays TV listings.  Do you go raging at Telecom that Tivo isn't fit for purpose because it has no Prime listings?  After all, the box said there was an EPG!


Funny - I would suggest the majority of people purchased the app due to it being advertised as having "SKY TV" listings which it doesn't now, thus either put aside as a bad purchase or request a refund.

Would I rage at telecom, hell yeah, If they had advertised prime listings as being part of the EPG and thats why I specifically purchased the tivo for.


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