Last week, we reported on a flaw with the EU’s new no-questions-asked 14-day refund policy that meant customers could effectively get paid apps for free, as refunding the app does not delete it from customers’ devices.
In response, Apple has adjusted its App Store purchases slightly for customers who have an excessive number of refunds on file. This means people with a track record of refunding purchase effectively lose the right to refund their purchase.
As reported by iDownloadBlog and noted by Rosyna Keller, the alert shown above only displays if an individual has refunded a lot of iTunes Store content (apps, music, books, films or TV shows). If a user is presented with this dialog, they must agree to the notice before they are allowed to purchase, surrendering their right to refund the transaction later.
This is because EU law allows companies to remove refund rights for digital content as long as users are made explicitly aware at the time of download. Pressing Cancel stops the transaction completely and the user cannot buy the app until they agree.
Naturally, for normal users, Apple does not want to complicate the 1-click purchase flow of the App Store with this modal alert so it gives users a grace period … as long as they use the refund system sensibly. It is not clear exactly what parameters cause the alert to be shown. In regards to the ‘flaw’ we reported, the change means that whilst individuals can ‘steal’ a few apps, the iTunes Store system will mean that users cannot do this indefinitely. This is a big improvement.
Image via iDownloadBlog
FTC: We use income earning auto affiliate links. More.
What did I say? What-did-I-say?! I know people guys :)
A great move from Apple I think.
I’m in the UK, and I dont see any place where i can refund a purchase i’ve made…where is this link available from? someone guide me. thanks
It is in the iTunes receipt e-mail :)
“report a problem”
Benjamin, I’m a bit confused here. You say if a user agrees to the terms in prompt that they are “surrendering their right to refund the transaction later.”
When I read that prompt that sounds like it’s actually saying if you DOWNLOAD the app withing 14 days of purchase then you cannot request a refund, implying “buying” and “downloading” are two separate actions here. Perhaps the user can buy the app but it won’t not immediately download it and thus actually not surrender their right to a refund?
EDIT: *Perhaps the user can buy the app but not immediately download it and thus actually not surrender their right to a refund?
I don’t think this ‘renounce rights’ button will be exist for much longer. Consumer bodies will kill it off. And frankly I think rightly so.
It effectively makes the consumer right to be protected for 14 days nul and void which is abusive.
I’d love to know what Apple considers excessive. If you buy loads of books, films, tv and music, you’re likely to ask for more and be perfectly within your rights. Or are they doing it as a percentage? Again, you could just be unlucky and full on a big number of dud apps (after a new iOS or product release). This information should at least be transparent.
I give it MAXIMUM 2 years.
It’s definitely not abusive, because “EU law allows companies to remove refund rights for digital content as long as users are made explicitly aware at the time of download.”
consumer rights is for IKEA not the App Store
As far as the law in concerned, Apple should be doing this with every single purchase not just those being excessive with refunds. The law is clear language 14 day refunds are not allowed for anyone who downloads the item they purchased when they explicitly agree to download it. Period.
And if the app crashes and doesn’t work as stated by the developer?
Apps are sold as is, it is up to the buyer to read reviews and take the risk. Items once consumed are not refundable, you dont eat a whole steak and get to say you dont like it.
Yes they are going beyond the requirements of the law by offering refunds after the product is downloaded. I guess abusers of it will be held to the letter of the law with a 14 day refund only if you don’t download in that time.
And on newly available apps without reviews? Either way, they’re NOT sold as-is. They’re sold with a 14 day refund policy. Abusers of that refund policy lose that right. I don’t see how this is a problem.
Sony use the similar language on the playstation store now.
But it’s for all purchases not just those with excessive refunds.
And that’s what it should be for ALL purchases through AppStore and iTunes. Users will use this to buy expensive apps (i.e navigation apps) and not for cheap $0.99 apps. Apple needs to have this alert for every single download.
Apple, FOLLOW the law! Hate it when companies try to circumnavigate laws. EU law is not a “flaw”, get over it.
This follow’s the law more closely now. Before they were “overly complying” – that is, doing more than needed. This is what the law asked companies to do – if you don’t like it, write to the government and ask them to introduce legislation to go further.
@Tim, I think you misunderstood me. I was implying to Apple to comply with the law, not that I’m dissatisfied with EU law.
Apple has “tried” to circumnavigate the 2 year warranty as well (for my country) so it wouldn’t surprise me they’d try what they will to “bend” the law in this case either.
Apple isn’t circumventing the law, they are going above and beyond. The EU Law explicitly exempts digital purchases. See http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en, Section 9 and http://www.sjberwin.com/insights/2014/04/24/consumer-rights-directive-significant-changes-to-consumer-rights-in-the-eu, “Effect on contracts for digital content/services” for more information.
Developers were worried Apple going above and beyond by not only allowing a refund after the download started but on a no questions asked policy would be heavily abused. This abuse policy quells those fears, if you abuse Apple’s policy, your rights to a refund revert to what is required by the EU Law.
Ok thanks! Seems I was mistaken! Sorry guys (and Apple)
I learned something new today :)
The problem is that Apple doesn’t want to put resources in this process, users who want to refund should be questioned and if the reason is legitimate then they should start no question ask method for that app until the next update for that app is available, and let the developer know of the problem, Apple just took the easier way which requires no resource dedicated to the process, and 14 days is too long for app.
Apple has done similar acts back then when prompted users to rate the app right when they were trying to delete the app.
I don’t understand consumer idiot laws. They should not exist.
Apple, or any other company, should be allowed to have NO refund 1-click purchasing however they wish, and the consumer has to act like an adult and understand their decision. Too many do-over laws in our society that accomplish nothing but give people a false sense of reality.
These absurd laws that protect people from themselves need to go.
I don’t understand… If I press BUY, it is supossed that the app will start downloading automatically… so it is within 14 days of purchase… I thought that the idea of the refund is to download and try the app and if I don’t like I can be refunded (and it should be removed from iCloud too).
The correct solution would be to remove the application from the device. Most users request refund because the product is problematic and does not work at all, and the developer takes no real step to solve the problem.
On more thought: This going to backfire on smaller developers, who actually make good product. Without the protection of possible refund, no customer is going to try out their products and like it later. Because yes, you can try out the free version, just it does not guarantee to work as it should.
Oh yes. I used this 14-days refund for 2 or 3 apps (out of a few hundred I have bought) and even deleted them because I really wanted to get rid of them. Now I am banned. Thank you, Apple.
Hi Christian. Are you still banned from refunds now (1 year later)?
How is this an improvement? I get this above message now. I don’t know how many apps I returned. Maybe 5. Surely not more than 10. I’m an app store customer since it exists. I’m an Apple customer since 20 years. And I always considered it my right to return apps that don’t do what they claim or do way worse than they claim or are just plain shitt *on a platform that doesn’t provide a method to test apps in any other way*. Apple wants to take that right from me. Bad apps are not common, but they do exist.So I do not consider this an improvement.
I returned a SINGLE app once. I got this popup on the next purchase … This is not protection against abuse at all. I am not very sure if it’s legal either.
Hi Christian. Are you still banned from refunds now (5 months later)?
I meant Petr ;)